Holder's Fundamental Mistake in Boston Bombing Case
It is extremely troubling that after only 16 hours, a federal magistrate entered the hospital room where Boston bomber suspect Dzhokhar Tsarnaev was being questioned by the FBI - and to the shock of federal investigators - was read his Miranda rights, lawyered up, and promptly quit talking.
U.S. Attorney General Eric Holder told reporters over the weekend that "the decision to Mirandize was one that the magistrate made" and added that "everything was done appropriately."
Here's the problem. Why the rush to file charges in the first place? Holder refused to declare Tsarnaev an 'enemy combatant' which would have provided authorities with a lawful avenue to continue to question him - to gather much-needed intelligence about this terrorist attack. He would still face justice in federal court, but the U.S. would have had the time it needs to get the information and intelligence that is so critical in understanding exactly what happened at the Boston Marathon.
But, no, the Attorney General gave the OK to file charges, and after just 16 hours, the suspect was Mirandized and that was that. No more talking. No more intelligence. A vital investigative tactic shut down.
As I told Megyn Kelly today on FOX News, the problem is that the Attorney General made a fundamental mistake in the prosecution of this case by rushing in and filing charges before federal investigators got the intelligence they needed.
Instead of expressing concern about that aspect of the case, the Attorney General today felt compelled to remind Americans that the Justice Department is "committed to protecting innocent people against misguided acts of retaliation." No one has a problem with reminding people that we must not allow any group to be stigmatized or alienated.
But the fact is at this point in the Boston bombing case, the Attorney General should spend more time determining the cause of the intelligence failures in this case, going after the terrorists responsible, and securing vital information needed to keep America safe.