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Criminal or combatant: How will Dzhokhar Tsarnaev be classified?

Sen. Lindsey Graham made waves earlier today by suggesting that the Obama administration carefully consider whether to treat Boston Marathon bombing suspect Dzhokhar Tsarnaev as a criminal or an enemy combatant. At the time, no one knew how soon that decision would have to be made, but it appears that Tsarnaev, now taken into custody, was read his Miranda rights and will be treated like any other criminal suspect … right?

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https://twitter.com/NathanWurtzel/status/325417595748622337

https://twitter.com/NathanWurtzel/status/325417802930462721

Nope.

https://twitter.com/redostoneage/status/325421567616110593

ABC and NBC have issued conflicting reports. Maybe CBS News’ Mark Knoller can settle this?

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https://twitter.com/HenrichNews/status/325417673934635008

https://twitter.com/ggreenwald/status/325413969412120576

https://twitter.com/ggreenwald/status/325425588242350080

* * *

Update: Sen. Graham weighs in again.

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https://twitter.com/AmandaMarcotte/status/325428771941388289

https://twitter.com/lyda/status/325431840485830658

https://twitter.com/AmandaMarcotte/status/325432034409476096

* * *

Update:

Sen. Graham has issued a statement:

“We truly appreciate the hard work and dedication of our law enforcement and intelligence communities.

“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city. The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorist trying to injure, maim, and kill innocent Americans.

“Now that the suspect is in custody, the last thing we should want is for him to remain silent. It is absolutely vital the suspect be questioned for intelligence gathering purposes. We need to know about any possible future attacks which could take additional American lives. The least of our worries is a criminal trial which will likely be held years from now.

“Under the Law of War we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings or the appointment of counsel. Our goal at this critical juncture should be to gather intelligence and protect our nation from further attacks.

“We remain under threat from radical Islam and we hope the Obama Administration will seriously consider the enemy combatant option.

“We will stand behind the Administration if they decide to hold this suspect as an enemy combatant.”

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