By Jason Sattler

Boston Bombing Suspect Charged, Not An ‘Enemy Combatant’

April 22, 2013 1:18 pm Category: Memo Pad, National News 37 Comments A+ / A-
Boston Bombing Suspect Charged, Not An ‘Enemy Combatant’

Call it a victory for those who fear an endless “war on terror.”

Dzhokhar Tsarnaev, the 19-year-old college student who was arrested after a massive manhunt that shut the city of Boston down for the better part of a day, has been charged at Boston’s Beth Israel Deaconess Hospital, where he has been since Friday night. The charges include using a weapon of mass destruction.

He “will not be treated as an enemy combatant,” White House Press Secretary Jay Carney announced Monday.

Tsarnaev, along with his brother Tamerlan, who died Friday morning in a shootout with police, is suspected of planting the bombs that killed three and injured 176 at the Boston Marathon last Monday.

The younger Tsarnaev will likely also be charged in the death of an MIT police officer, carjacking and multiple other crimes that occurred in a rampage that began Thursday evening after photos of the two brothers were released.

Dzhokhar Tsarnaev was not read his rights Friday evening due to a “public safety exception.” He is currently in serious condition. Despite a gunshot wound to his throat, which may have been self-inflicted, he reportedly has been communicating with government officials in writing.

Senator Lindsey Graham (R-SC) made national news Friday during the closing hours of the manhunt by tweeting that the suspect should not be read his rights. The senator was later joined by Senator John McCain and other Republicans who called for the suspect to be treated as an enemy combatant, who can be held and questioned indefinitely.

Senator Dianne Feinstein (D-CA) said that declaring Tsarnaev an enemy combatant would be “unconstitutional.” The suspect — who became an American citizen on Sept. 11, 2012 — is ethnically Chechen but was born in Dagestan, near Southern Russia.

Laws written in response to the 9/11 attacks allow any known affiliate of al Qaeda to be designated an enemy combatant and deprived of a civilian trial. The White House’s announcement suggests that Tsarnaev was not connected to the organization.

The city of Boston will hold a moment of silence for the victims of the bombings at 2:50 PM Monday.

Photo: dcJohn via Flickr.com

Boston Bombing Suspect Charged, Not An ‘Enemy Combatant’ Reviewed by on . Call it a victory for those who fear an endless "war on terror." Dzhokhar Tsarnaev, the 19-year-old college student who was arrested after a massive manhunt tha Call it a victory for those who fear an endless "war on terror." Dzhokhar Tsarnaev, the 19-year-old college student who was arrested after a massive manhunt tha Rating:

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Comments

  • http://twitter.com/JoLechten Judy Miller

    Have you ever studied the Constitution?
    It appears that you may be lacking in that department.
    How many BILLIONS of dollars has the on going “war on terror” cost the American Taxpayer? Why is that fact never discussed by folks like you?
    Just askin’

  • ram1020

    He is an American citizen. There shouldn’t be any questions. If we didn’t want drones to attack citizens that were thought to be possible terrorists, then how does anybody justify treating him like less of an American this time?

    • montanabill

      See above.

      • ram1020

        That logic, while convenient in this case, is a slippery slope. We cannot just make naturalized citizens second class citizens by being quick to take away their rights for being charged with a crime. Where would we draw the line?
        We need to be careful with prosecuting this kid. We are already being inconsistent. The people of Massachusetts take pride in being civil enough to have no death penalty, but the masses want this kid to die. To accommodate that, we charge him with a Federal crime of using “weapons of mass destruction”, even though we don’t classify more powerful and deadly car bombs in Iraq as such. If we did, we would have to quit our hate of W, or at least admit he was right. That’s not going to happen!
        Since we can’t try someone twice for the same crime without new evidence, if a court determines that the definition of “weapons of mass destruction” implied in the law does not cover the bombs used (based on common understanding), then the kid can walk.
        While it is fashionable to take liberties with terminology and laws to abase and punish our adversaries and protect our friends, this is dangerous. While it seems good now, how will it play out if we get a different administration that might consider us as adversaries?

        • montanabill

          Legally, Dzhokhar could be charged as an enemy combatant, even if he is an American citizen. Because of the nature of our enemy, I am more concerned about our ability to get information from him than about his ultimate punishment. I know they tell us that Miranda won’t prevent continued questioning, but no lawyer worth anything will allow that without the kind of plea bargaining that is crippling our justice system.

          I don’t think that he necessarily needs to be convicted of a crime to show he has abrogated his citizenship oath. I think a Federal judge could make that call and eliminate the argument about whether a U.S. citizen can be so charged. Although, we essentially did that during WW II which acts as precedent.

          I also don’t like ‘common understanding’. For example, my common understanding of torture is the infliction of pain. Those who are condemning ‘advanced interrogation’ as torture are defining it as the infliction of discomfort.

  • Bill Butler

    Question. What is a person who commits treason and commits espionage/sabotage against the USA?

    Section 3 of the Constitution:

    “Section. 3.

    Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

    The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”

    Who can explain this?

    “Amendment V

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

    And lastly:

    “AMENDMENT XIV

    Passed by Congress June 13, 1866. Ratified July 9, 1868.

    Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

    Section 1.
    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

    Difficult as it may be it is the way it is, Totally American and awesome.

    • http://www.facebook.com/spookpekes2 LaRae Bailey

      this one will go down the tubes since our wonderful government just passed the bill giving our government unlimited spy power without a court order or due process which will include medical records, bank records, phones, emails, ect…. they did that fast one while the american people were buy watching the bombing of Boston.. nice fast one, dont you all think?

  • bcarreiro

    domestic terrorism or foreign know matter how big or how small it is still hatred to mankind. spoiled seeds never had it so good here in america.

  • adriancrutch

    The Dept. of Defense lists a pressure cooker as a weapon of mass destruction? 1400 tons of fertilizer explodes and the massive amount of bombs we dropped in southeast asia during the vietnam war! SILLY!

  • howa4x

    Republicans can’t have it both ways although they always seem to want it that way. They can’t criticize Obama for killing al Awaki, an American citizen, and a true enemy combatant, without due process, and then turn around and want Tsarnaev, an American citizen tried as an enemy combatant. Sometimes you can’t make this stuff up

    • http://www.facebook.com/fern.woodfork Fern Woodfork

      That’s Just How They Want It Both Ways!!! :-( All Of Them Get Help From Our Government But They Don’t Want You To Get Any!! Believe Me He Wont Be Around For Long Remember Timothy McVeigh??

  • Bob in Boston

    I sure wish the whole country would forget that ridiculous word “terrorism”. It adds absolutely no value to any conversation, and is just a propagandists tool to make people seem less human when our country doesn’t like them, like calling Native American’s “savages” while we were trying to wipe them out.

    This 19 year old kid is a murderer. Maybe “Mass” murderer, although I don’t think he met the threshold for that title. But that’s the only label he needs. Yes he caused a ton of damage, both in terms of loss of life, injury and property damage, and he should be punished accordingly. I’d say I hope he gets the chair, but that may actually be the easy way out if he’s actually a devout Muslim. Instead, make him the guy who serves bacon to the other inmates in Federal Prison – for life.

    But as for “terror”, I think our government’s massive over-reaction to this incident actually created more “terror” than the incident itself. Was it *really* necessary to spend $333,000,000 to bring out the National Guard, Homeland Security, FBI, ATF, DEA (wtf?) and state police *on top of* the local PD and SWAT teams just to find *one* 19 year old kid with zero military training? Is anyone stupid enough to believe that was actually necessary when it was an observant citizen and the State Police helicopter’s FLIR that found him eventually anyway?

    I want my tax dollars back, or even better, use them to pay down the damned national debt we got by spending billions of dollars militarizing our police forces! Based on what I saw in Boston over the last week, the DHS, DEA and ATF should be *disbanded* – they all were standing around with their hands in their pockets. Let the local and state cops handle the situation and if they need help, call in the guard. All those other agencies are like tits on a bull, except they cost real money!

  • middleclasstaxpayer

    This is part of the OATH taken when becoming a citizen of the USA:

    Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;

    Support and defend the Constitution and laws of the United States against all enemies, foreign and domestic;

    Bear true faith and allegiance to the same;
    Do you think this lowly coward lived up to his oath when he attempted to murder thousands, and did manage to kill 4 and injure almost 180 complete & innocent strangers in the land that accepted him???
    Maybe we should listen to the ACLU, get him a lawyer (that we pay for) and allow him to plead that he was tricked into this by his older brother and is completely innocent of any malice towards his new “country.”?????
    Let’s just release him so he can plot some more, and maybe be more successful in killing others, no matter whether they be women or little kids out with Mom & Dad.

    • Sand_Cat

      The ACLU pays for their own lawyers, you moron.

      • middleclasstaxpayer

        The PEOPLE (taxpayers) pay to PROSECUTE these lowlifes. And by now I’m sure liberals are buying the excuses that WE (the USA) are actually responsible for this because we have been involved in wars to (God forbid) HELP others!

        • Sand_Cat

          Not only are you an ignorant Neo-Nazi, but a pretty stupid one at that. It’s pretty pathetic that anyone in this day and age could believe that any nation goes to war to “help others.” And especially stupid if you think the US went to Iraq to do anything other than try to make George Bush look brave and tough and get our hands on some oil.
          If you’re worried about the money, then DON’T prosecute them. We could save lots if we just stopped all prosecutions, and help out idiot taxpayers like you.

          • middleclasstaxpayer

            So I guess it’s your opinion that the USA should NOT have intervened in WWII to free England, France, Germany & all the other nations being blitzed by Hitler & Japan. If that were the case, YOU would be in a Nazi concentration camp if the Nazi’s didn’t exterminate you as an undesirable first, as they did to 6 million other souls…. you are so dumb & ignorant that there isn’t even a word for your low level of functioning…well actually there is, but the word is not currently “politically correct,” You are the sort of individual that needs to be restrained from dangerous objects lest you hurt others (we don’t care if you hurt yourself, however). The world IS against you…your paranoia IS true!!!

          • Sand_Cat

            Why should I dignify such a patently stupid “comment” by any answer other than this?

  • dtgraham

    Slightly off topic, but I saw quite the quote from the older Tsarnaev brother, made recently. Due to his athletic physique he said that he didn’t like to remove his shirt because it might “give girls impure thoughts”, claiming that he was “very religious.”

    Why, he was so religious that he constructed bombs to blow apart the bodies of 8 year olds. Now that’s religulous, to quote Bill Maher.

    • Sand_Cat

      Religion has never stopped anyone from committing horrible crimes. In fact, the more “religious” the person, the more he / she is inclined to identify “god’s” opinions with his own and feel justified in committing even more horrific acts against the “blasphemers,” unbelievers, and apostates (these terms loosely defined as “those who disagree with me and won’t concede they’re wrong and apologize”).

      Some one else on this forum made the mistake of suggesting that certain acts were not Christian, only to be leaped upon by one of our “devout” trolls who is infuriated by disrespect for his opinions about his imaginary friend, but is quite skilled at dishing out contempt upon those who challenge his political beliefs or his “faith,” which I guess is defined as “I have no intention of making the slightest effort to be a more compassionate and caring person, or doing any of the other impractical and naive foolishness advocated by [Yeshua/Allah/whoever], but I have FAITH that he’s going to take me to heaven.”

      • dtgraham

        I hear you Sand_Cat. I hear you. Sometimes the more I listen to the pronouncements of the 3 middle eastern monotheistic faithful, in particular, the more the words from John Lennon’s Imagine come to mind.

        What gets me especially is the seemingly oxymoron North American Christian Right. Look, If you basically want no gov’t, no taxation, every dog for himself; and have no sense of egalitarianism or compassion for the poor…then fair enough. I don’t agree with that but fair enough. However, you can’t then turn around and tell me all about your faith, your church, and how much of a values voter you are. I think you’ve kind of lost the right at that point. Call me crazy.

        • Sand_Cat

          Regrettably, the Buddhists and Hindus seem to be joining in. I’m sure there are good people in all, but that’s the problem: I shocked a relative by saying there are good and bad people, and religion may make the good a little better, but it makes the bad far worse. There are a few claimed conversions that appear to contradict that, and maybe they really happened, but it’s not something I’d care to bet my life or liberty on.

  • montanabill

    Dzhokhar should be tried as an enemy combatant. Here is why:

    He was not born here which would have automatically made him a citizen. He was an immigrant that became a citizen. As part of that process, he made an agreement. He swore an oath: “I hereby declare, on oath, that I absolutely and entirely renounce
    and abjure all allegiance and fidelity to any foreign prince, potentate,
    state or sovereignty, of whom or which I have heretofore been a subject
    or citizen; that I will support and defend the Constitution and laws of
    the United States of America against all enemies, foreign and domestic;
    that I will bear true faith and allegiance to the same; that I will
    bear arms on behalf of the United States when required by the law; that I
    will perform noncombatant service in the armed forces of the United
    States when required by the law; that I will perform work of national
    importance under civilian direction when required by the law; and that I
    take this obligation freely without any mental reservation or purpose
    of evasion; so help me God.”

    Dzhokhar violated the terms of his becoming a citizen. Therefore, it is only right and proper that it be taken away from him.

    • Sand_Cat

      No one should be tried as an “enemy combatant” or any other euphemism you and your fellow fascists come up with. Despite your repeated BS, you obviously hate America, hate the Constitution, and especially the Bill of Rights. And you hate meeting your tax obligations. Why don’t you go the hell somewhere else and shut the hell up!

      • http://www.facebook.com/fern.woodfork Fern Woodfork

        That’s Another Reason Our American Taliban Refuse To Close Gitmo, And Watch And See Don’t Our GOP/Tea Party Home Grown Terrorists Cells In Offices Use This To Do Nothing On Immigration!!! :-(

        • montanabill

          Who is refusing to close Gitmo?

          • Sand_Cat

            The US Congress.

          • montanabill

            Right. Try again.

      • montanabill

        How about reading some history?

        • Sand_Cat

          Why don’t you try? First of all I apologize for going off the deep end.

          What I should have said (a history lesson for you) is that “enemy combatant” is a meaningless pseudo-legal term invented and used by the Bush administration to distract attention from the fact that their treatment of POWs (not to mention their war itself) was in violation of the Geneva Convention, US law, and various other national and international legalities. My recollection is that the original term was “illegal combatants.” I did not hear why that changed, but a subconscious realization that it applied more accurately to the unfortunates shipped by Bush and Cheney to Iraq than to the enemies they captured there has to have been part of it, especially in view of the fact that it was the victors of World War II, led and dominated by the U.S, who decided that starting a war was a crime punishable by – at minimum – a prison sentence.

          “Enemy combatant” can apply to any soldier or other person engaged in a war on the opposing side, and should entitle the person so named to the protections of the Geneva Convention, obviously the reason for the initial preference for “illegal combatant.” But if the person is an “illegal combatant,” he becomes a criminal entitled to legal protections under the U.S. Constitution and International and U.S. Law. I believe that the Constitution does not distinguish between citizens and foreigners in all or most of its protection of criminal defendants and courts have held this to be the case, so your obvious attempt to bypass the Bill of Rights by applying a phony label is as meaningless as the label you use.

          If you want to take John Ashcroft’s emotional and illegal approach that they are not entitled to protection of our Constitution because of what they did, who gave either of you the right to decide such issues?
          If you want to claim that blowing up civilians – even by soldiers – is a war crime (another history lesson) try talking to the people of Hiroshima, Nagasaki, Tokyo, Yokahama, Dresden, Hamburg, Nuremburg, Berlin, etc. A lot of civilian non-combatants were blown up, and no one was even charged.

          For violating his oath, this guy is guilty of perjury. What percentage of perjurers go to prison or even get charged? 10%? (no, I didn’t look it up). If Naturalization law provides for revocation of citizenship as a penalty for perjury in taking the oath, fine, but as I said before – regardless of what you supreme judges and superior beings want to think – it shouldn’t make much difference. And if you take away his citizenship, you can’t charge him with treason!

          Obviously you consider yourself above we poor peons who are content to earn an honest living and pay our taxes rather than roll in money and whine about the effrontery of any government telling us what to do, much less actually expecting us to pay more for the privilege of living in a country that – less than Europe and other places with higher taxes – offers the opportunity for wealth with hard work and some luck, and the freedom of speech to claim you did every bit of it yourself. I suppose you also conceived and delivered yourself, as with many other divine beings in mythology. But I’m straying off-topic.

          Please don’t try and tell me YOU never did this or that; this really isn’t about YOU (nor is most of the other stuff we’ve debated), despite my frustration at attempting to talk in general terms and having you claim nothing I’ve said applies to YOU.

          I guess I’d prefer you went off and lived happily ever after with you, yourself, and all your money; you’d be very happy together.

          • montanabill

            Nice bit on convoluted logic. However, your knowledge of history seems to start and end with the Bush era. Go a little further back.

          • Sand_Cat

            “Convoluted, ” huh? Not nearly so much as the gyrations you and others like you go through to justify your positions. I admit I could never compete with that.
            It’s been awhile, though my knowledge of history is probably better than most. I remember the Bush era because it was one of the worst in the 20th-21st century period, and I lived through it, watching that smug, I’m-lazy-ignorant-and-stupid-and-proud-of-it grin “represent ” our country for eight long years. If he wasn’t the worst in U.S. history, it’s got to be a near-run thing.
            But humor an old man and give me a hint of what you’re talking about.

          • middleclasstaxpayer

            Try applying your comment to the right person: The “I’m-lazy-ignorant-and-stupid-and-proud-of-it grin” applies to Obama. Hopefully your “weekend off” at the mental hospital is over today. You need to go back on your anti-psychotic drugs IMMEDIATELY!

          • Sand_Cat

            At least Bill makes an argument, even though I don’t agree with it. All you can do is recite Fox talking points and project your own faults and those of your party on the opposition.

      • middleclasstaxpayer

        So YOU are in favor of giving this killer of kids a CHANCE to get away with murder. I’m sure if can get away with this crime, he’ll have learned his lesson. Next time he’ll build a better killing contraption and make his Islamist co-conspirators proud of him. And you also I guess.

        • Sand_Cat

          You’re just another ignorant neo-Nazi lowlife, no better than this “killer of kids.” Another “patriot” who hates the Constitution, hates the United States and any attempts it might make to honor the Constitution, the treaties it has signed, and common decency besides.

      • http://mohammeddressup.com/ I Zheet M’Drawz

        Don’t treat him as an enemy combatant, treat him as a bologna sandwaich & chew the flesh off of him.

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