# Dzhokhar Tsarnaev. Should he be treated as an enemy combatant or not? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 21, 2013, 11:35pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349 "2013-04-21T23:35:30Z")\ **Posts on this page:** 11\ **Page:** 4
**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\ **Post date:** [April 22, 2013, 9:58pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/61 "2013-04-22T21:58:25Z")
No, because he is not part of _an enemy army._ Or if he is, not one we’re at war with or even know about. We go with what we know. He’s a criminal suspect. I don’t know if those calling for him to be tried as an enemy combatant never played _Paranoia_ as kids, or never knew anything else. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [April 22, 2013, 10:02pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/62 "2013-04-22T22:02:53Z")
From yahoo news: > [@](#): > > The bed-ridden Tsarnaev was informed of the charges and read his rights in his hospital room Monday morning. So, it’s done. They Mirandized his ass. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 22, 2013, 10:13pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/63 "2013-04-22T22:13:43Z")
> [@John\_Mace](#): > > From yahoo news: > > So, it’s done. They Mirandized his ass. No choice. It’s required at the initial appearance under Rule 5(d) of the Federal Rules of Criminal Procedure. > [@](#): > > (d) Procedure in a Felony Case. > > (1) Advice. If the defendant is charged with a felony, the judge must inform the defendant of the following: > > (A) the complaint against the defendant, and any affidavit filed with it; > > (B) the defendant’s right to retain counsel or to request that counsel be appointed if the defendant cannot obtain counsel; > > (C) the circumstances, if any, under which the defendant may secure pretrial release; > > (D) any right to a preliminary hearing; and > > (E) the defendant’s right not to make a statement, and that any statement made may be used against the defendant. > > (2) Consulting with Counsel. The judge must allow the defendant reasonable opportunity to consult with counsel. > > (3) Detention or Release. The judge must detain or release the defendant as provided by statute or these rules. > > (4) Plea. A defendant may be asked to plead only under Rule 10. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [April 23, 2013, 1:42am UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/64 "2013-04-23T01:42:15Z")
> [@Procrustus](#): > > No choice. It’s required at the initial appearance under Rule 5(d) of the Federal Rules of Criminal Procedure. They could have chosen to delay charging him. ---
**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\ **Post date:** [April 24, 2013, 9:45pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/65 "2013-04-24T21:45:11Z")
Like those Yemenis, amirite!? Say no more, saynomore! ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 24, 2013, 9:51pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/66 "2013-04-24T21:51:29Z")
> [@John\_Mace](#): > > They could have chosen to delay charging him. Rule 5(a): > [@](#): > > (1) Appearance Upon an Arrest. > > (A) A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise. He’s clearly in custody (under arrest) since the time they pull him out of the boat. There can be no “unnecessary delay,” nor is there reason to. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [April 24, 2013, 11:07pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/67 "2013-04-24T23:07:27Z")
> [@John\_Mace](#): > > From yahoo news: > > So, it’s done. They Mirandized his ass. “You have the right to have remained silent. Pretty much everything you already said will be used against you. You have the right to have had an attorney…” ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [April 26, 2013, 12:11am UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/68 "2013-04-26T00:11:32Z")
Huh. I was under the impression he was not quite a citizen yet, that his immigration was not complete. Not that I think a non-citizen should be treated differently. ---
**Author:** ![flodnak](https://avatars.discourse-cdn.com/v4/letter/f/838e76/32.png) [@flodnak](https://boards.straightdope.com/u/flodnak)\ **Post date:** [April 27, 2013, 10:57am UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/69 "2013-04-27T10:57:08Z")
I would have liked to see another option: “No, because that is not how civilized countries with respect for their own democratic traditions treat accused criminals.” ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 27, 2013, 3:58pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/70 "2013-04-27T15:58:28Z")
> [@John\_Mace](#): > > Additionally, it seems to me that if the president can designate a US citizen to be assassinated without judicial review, he can designate a US citizen to be held as an EC. I don’t think he should be able to do either, but those arguing in favor of the former puzzle me if they are against the latter. My understanding was that this issue arose with respect to US citizens living outside the US, and therefore outside the jurisdiction of the Courts, and that the President was asserting that power as part of his C-in-C powers, in order to protect the national security of the US. That is clearly a controversial position, but can a US citizen take arms against the US from outside the US, and yet be entitled to full due process, or can the US protect itself by taking military action against that citizen? But, I’ve never seen it asserted that the President can order the assassination of a US citizen in the US, when the civil courts are open for business (see [Ex parte Milligan](http://en.wikipedia.org/wiki/Ex_parte_Milligan))? That strikes me as a significant difference from the example of ordering assassination against a US citizen outside of the US. It does not seem inconsistent to say that in the case of a US citizen in the US, the executive cannot designate as an enemy combatant and defeat the citizen’s rights to be tried in the civil courts, according to the ordinary law of the land. ---
**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\ **Post date:** [April 27, 2013, 9:20pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349/71 "2013-04-27T21:20:48Z")
> [@Northern\_Piper](#): > > . . . It does not seem inconsistent to say that in the case of a US citizen in the US, the executive cannot designate as an enemy combatant and defeat the citizen’s rights to be tried in the civil courts, according to the ordinary law of the land. I could see an exception if they start to band together in large formal military brigades and operate against our communication lines. The American Civil War was waged by “enemy combatants” and not “criminals.” There wasn’t any option but to address the issue using a military response. But onesies and twosies bombers, acting on their own, without so much as financial backing? Pfui. Not worth dirtying our hands with. They’re criminals, and the courts can have 'em. (Also, I want the courts’ protection, because some day, I might happen to be seen on a public security camera nearby the scene of an explosion, and, by God, I want my full constitutional right to a complete legal defense!) [Previous page](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-he-be-treated-as-an-enemy-combatant-or-not/656349.md?page=3)