April 22nd, 2013
08:51 PM ET

Rep. Adam Schiff: There's no constitutional basis to try Boston bomber as an enemy combatant

The federal government file two charges against Boston marathon bombing suspect Dzhokhar Tsarnaev Monday, counts that could result in the death penalty if he's convicted.

The charges put an end to speculation that Tsarnaev would be tried as an enemy combatant. White House spokesman Jay Carney said that Tsarnaev is a naturalized U.S. citizen and cannot be tried by a military commission.

That decision intensified a debate over how to handle terrorism cases in this country. Today Senator Lindsey Graham (R-SC) urged the White House to reconsider.

"I am asking this administration to leave on the table the option that the evidence warrants to designate this individual as an enemy combatant. " Graham added, "The ability to have access to this suspect without a lawyer present to gather intelligence about a future attack is absolutely essential to our national security. "

Democratic Congressman Adam Schiff - a member of the House Intelligence committee is OutFront.

Filed under: Boston Marathon Explosion • Crime • Law
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