So what’s next for Dzhokhar Tsarnaev? President Obama declared the Boston Marathon bombings an “act of terrorism” but seems keen on granting Tsarnaev a civilian criminal trial. Others, including Sens. Lindsey Graham and John McCain think he should be held as a potential enemy combatant, which would deny him a court-appointed attorney, among other rights, under the ‘law of war’. The case for the former, via Ken Klukowski:
According to reports, Tsarnaev became a U.S. citizen in Sept. 2012. He was captured on U.S. soil by federal law enforcement officers (not military). This was not a battlefield setting, and at this point it appears Tsarnaev was not working for a foreign government or terrorist organization with which we are at war.
Tsarnaev is now in federal custody and will be prosecuted in federal court by the U.S. Department of Justice through Massachusetts U.S. Attorney Carmen Ortiz.
If all those facts are correct, then Tsarnaev is entitled to a full-dress criminal prosecution and able to assert all the rights of the Fourth, Fifth, Sixth, and Eighth Amendments in the Bill of Rights of the U.S. Constitution.