The Obama administration delayed giving Dzhokhar Tsarnaev his Miranda warning, and that is the only defensible concession to the defendant, given the attacks he and his brother carried out. There is no reason to declare Tsarnaev an “enemy combatant,” and the White House was correct Monday to not do so.
Those making that demand include Sens. John McCain and Lindsey Graham. Their reluctance to use U.S. courts in terrorism cases is a symbolic mistake. It gives killers and would-be killers a special status they do not deserve, and makes U.S. courts seem incapable of justice.
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