White House says Boston bombing suspect will not be treated as enemy combatant

Published April 22, 2013
FoxNews.com

The White House said Monday that the surviving suspect in the Boston Marathon bombing will not be treated as an enemy combatant, in response to calls from Republican lawmakers to consider that option.

The announcement came as a sealed complaint was filed against suspect Dzhokhar Tsarnaev. Fox News has learned that the suspect made an initial appearance in front of a federal magistrate judge at the hospital where he is still being treated. No plea was entered.

White House Press Secretary Jay Carney said the suspect remains in "serious condition" at the hospital. As the complaint was filed, Carney made clear that the suspect would go through the civilian court system, and would not be handled as a combatant.

"He will not be treated as an enemy combatant," Carney said. "We will prosecute this terrorist through our civilian system of justice."

Carney stressed that the civilian system has been used to try, convict and incarcerate "hundreds of terrorists" since the 9/11 attacks, including the Times Square attempted bomber. "The system has repeatedly proved that it can successfully handle the threats we continue to face," he said.

Carney noted U.S. citizens -- like Tsarnaev -- cannot be tried in military commissions and stressed that the civilian court system can handle such a case.

Republican Sen. Lindsey Graham and other lawmakers, though, were not suggesting he be tried before a military commission, since U.S. law would not allow it.

Graham, rather, was suggesting that the administration label him an "enemy combatant" for purposes of intelligence gathering. Graham conceded it's not yet clear whether he could qualify as one -- to do so, the government would need to prove he was linked to Al Qaeda or an Al Qaeda-linked group.

Officials have cited a public safety exemption in declining to read Tsarnaev his Miranda rights initially. But that exemption only lasts for 48 hours, and Graham had suggested President Obama consider designating him a combatant while they interrogate him for up to roughly 30 days.

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