Apparently the "visit" from the Judge came as a surprise because the 48-hour Miranda delay/ public safety was not over and the suspect was providing the FBI with good information.
Before being advised of his rights, the 19-year-old suspect told authorities that his older brother, Tamerlan Tsarnaev, 26, only recently had recruited him to be part of the attack that detonated pressure-cooker bombs at the marathon finish line, two U.S. officials said.
Apparently the suspect was giving investigators valuable intelligence, when federal District Court Judge Marianne Bowler arrived at the hospital where he is being treated to preside over his initial hearing Monday, when she read him his Miranda rights.
But Fox News' sources say there was confusion about Bowler's timing, with some voicing concerns that investigators were not given enough time to question Dzhokhar under the "public safety exception" invoked by the Justice Department.
Two officials with knowledge of the FBI briefing on Capitol Hill said the FBI was against stopping the investigators' questioning and was stunned that the judge, Justice Department prosecutors and public defenders showed up, feeling valuable intelligence may have been sacrificed as a result.
The FBI had been questioning Tsarnaev for 16 hours before the judge called a start to the court proceeding, officials familiar with the Capitol Hill briefing told Fox News.
The exact timeline is unclear. A transcript of the court proceeding shows Bowler asking a doctor if Tsarnaev was "alert."
"You can rouse him," she says in the transcript.According to the reports the FBI was not happy about the cession of the questioning.
"How are you feeling? Are you able to answer some questions?" the doctor asks Tsarnaev, who nods.
Reading a suspect their Miranda rights was a Supreme Court decision designed to protect a defendant during trial. The ruling states:
...The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.carjacking victim:
Police sources told the [Boston] Globe that the carjack victim has told police that Dzhokhar Tsarnaev and his older brother, Tamerlan, pointed guns at him and, in an apparent effort to intimidate the victim and dissuade him from trying anything foolish, Tamerlan Tsarnaev told him, “We just killed a cop. We blew up the marathon. And now we’re going to New York. Don’t [expletive] with us.”Who knows what information about a possible terrorist network and/or the bombers methods if the investigators were given more time.
If reading the bomber his rights were not needed for an upcoming trial, there could be only one reason for the premature "mirandazation," the Obama administration wished to placate it's progressive supporters who were demanding they immediately read the bomber his rights. Once again it seems that this President has put politics before the safety of the American people.