Posted on 04/22/2013 1:03:01 PM PDT by Ernest_at_the_Beach
Via the Examiner, they’ve hit him with just two counts thus far, one of which is conspiracy to use a weapon of mass destruction (i.e. an IED) against persons or property in the U.S., but that’s enough for a death sentence if the DOJ chooses to seek it. I sense some anger on the right that the feds aren’t treating him as an “enemy combatant,” but I think that has more to do with the condemnatory power of that term than the legal consequences flowing from it. Terrorism is qualitatively different from common crime in its political motivation and so people want Tsarnaev to be treated qualitatively differently by the justice system. That’s also what drives much of the objections to Mirandizing terrorists, I think: It’s not that Miranda will matter hugely in determining whether he talks, it’s that by Mirandizing him you’re treating him like a common criminal rather than a man who’s declared war on the United States. (Tsarnaev’s motive is still unknown but we all know which way the arrow’s pointing given his dead brother’s radicalism.) I’m more of a bottom-line guy on this sort of thing, though. Is there any chance that he’ll end up going free because the feds aren’t treating him as an EC? Nah. Given the video/photo evidence against him, at worst this guy’s going to prison forever. At best he’s getting the needle. Here’s a glimpse at the evidence against him from the complaint, which is posted at Legal Insurrection:
They’ve also got the carjacking victim set to testify him — and I recommend reading the full complaint for more on him, to see what he had to endure. The bombers did, allegedly, tell him right up front that they were the people who blew up the marathon, and according to the feds, the victim did indeed escape. He wasn’t “let go,” which, as noted this morning, would have been an insane gesture of magnanimity by the two most wanted men in America.
But as I was saying, I don’t think EC status matters (much). They can’t try him at a military tribunal regardless because he’s a U.S. citizen; even Lindsey Graham acknowledged that on Fox News this morning. They’re not sparing him their toughest interrogators just because he’s not an EC: The High-Value Detainee Interrogation Team will be grilling him. Arguably, they shouldn’t even be allowed to consider designating him an EC unless/until they prove that he’s part of a group that “planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons” per the 2001 AUMF. Their best weapon in getting him to share intel is the death sentence hanging over his head, which doesn’t depend on EC status. If he wants to live — and it sure seemed like he did on Friday — then it’s time to talk.
Here’s Carney sounding very grand indeed about handling terrorists in federal court. Exit quotation:
Update: For what it’s worth:
Also the Tweet saying he was cooperating.
Has the kid been lawyered up yet?
U.S. citizens in time of war found to be traitors are shot or hung or gassed... PERIOD.
Just committing a terrorist act doesn’t make one an enemy combatant. There have been terrorists, like Eric Rudolph and the Unibomber, who were not enemy combatants. If they get evidence that he had joined or was part of a foreign group or entity, and was working on their behalf in committing these acts (which he probably was, but they haven’t given us the evidence on that yet), then by all means, charge him as an EC. Obama never would, however, so it really is just us wishing we had had a different result in the election.
The couple [Rosehbergs] " was executed at sundown in the electric chair on June 19, 1953" wiki
He may prefer copping a plea to having his citizenship revoked and being sent back to Russia, to be turned over to Mr. Putin’s associates to do as they will.
Looks like he has some previous meetings with the Feds in the past. Either the Feds are incompetent or he was cooperating with the Feds before.
I think that this incompetence defense has worn thin. Not trust should be given to the Feds on these terror cases. Are the Feds with us or against us?
I agree.
They let him become a US citizen.
He knew he was killing his own countrymen.
Try him for murder and high treason.
And then execute him.
Explosions at Boston Marathon -- Tuesday April 22 Updates--Streaming coverage
DOJ = Eric Holder = Muslem Brotherhood Protection, Inc.
the precedent has been set for a long time...remember tim macveigh? we are a country of due process of law, not justice by acclimation.
Oh, b/s. He’s an Islamic jihadist carrying out an act of war against America!
.
I heard that on one of the TV shows.
However the DOJ treats and charges Tsarnaev it will because it is most advantageous politically for Obama and have nothing to do with getting a conviction or particular sentence for Tsarnaev.
Actually, an enemy combatant who follows the Geneva Convention is far above this piece of scum. These Muslim terrorists are more like pirates than either enemy combatants or criminals.
Enemy combatant conveys a level of legitimacy these scum don’t deserve.
But he should be charged with treason for his actions also. Adhering to the enemies of the United States, providing them with aid and comfort.
Invoke “Rule 303”.
No we want the little Islamic jihadist cold blooded mass murdering bastard tried in a military court and swiftly hung for committing an act of war against America on our soil!! (after waterboarding him for all the info we can pump out of him, of course). And we want him hung in our lifetimes!! we don't want Obama/Holder coddling him as a trod upon young victim led astray. He deserves a fair trial and swift justice at the end of a rope!! No justice, NO PEACE!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.