PLEDGE NOW
Terrorism, Law, And The Boston Bombings

Super attorney Alan Dershowitz on terrorism, American law, and the Boston bombing.

Boston Police Superintendent William Evans, right, speaks as Boston Police Lt. Robert Merner listens during a news conference in Boston, Tuesday, April 23, 2013 as he describes the scene in Watertown, Mass. where Boston Marathon bombing suspect Dzhokhar Tsarnaev was captured hiding in a backyard boat. (AP)

Boston Police Superintendent William Evans, right, speaks as Boston Police Lt. Robert Merner listens during a news conference in Boston, Tuesday, April 23, 2013 as he describes the scene in Watertown, Mass. where Boston Marathon bombing suspect Dzhokhar Tsarnaev was captured hiding in a backyard boat. (AP)

Alan Dershowitz has been the star attorney in the middle of some of the biggest legal cases in the mega-media age.  OJ Simpson, Patty Hearst, Mike Tyson, Claus von Bulow.  Robert Chesney has been in the middle of the country’s legal debate over handling terrorism and terrorists.

Now they’re both paying close attention to the Boston Marathon bombing and the handling of surviving suspect Dzhokar Tsarnaev.  The charges of using a weapon of mass destruction, and much more.

This hour, On Point:  Alan Dershowitz and Robert Chesney on the bombing and the law.

– Tom Ashbrook

Guests

Alan Dershowitz, lawyer and professor at Harvard Law School. (@alandersh)

Robert Chesney, lawyer and professor at the University of Texas School of Law.

Jack Beatty, On Point news analyst.

From Tom’s Reading List

The New York Times: Legal Questions Riddle Boston Marathon Case — “Still, there is not yet any public evidence suggesting that Mr. Tsarnaev was part of Al Qaeda or its associated forces — the specific enemy with which the United States is engaged in an armed conflict. And some legal specialists also doubted that the Constitution would permit holding a suspect like Mr. Tsarnaev as an enemy combatant. ‘This is an American citizen being tried for a crime that occurred domestically, and there is simply no way to treat him like an enemy combatant — not even close,’ said Alan M. Dershowitz, a Harvard law professor and seasoned defense lawyer.”

Lawfare Blog (Robert Chesney): Tsarnaev Has Been Mirandized by the Court: What Is the Next Interrogation Issue? — “It is also possible that he will not cooperate.  In that case, the million dollar question becomes whether the government would attempt to conduct interrogations notwithstanding an invocation of the right to remain silent or a request not to be questioned absent the presence of an attorney.  One hopes it need not come to this.  If it does, there will be fierce criticism whichever path the government takes (and, presumably, much litigation if the government does attempt an intelligence-focused interrogation without counsel).”

Slate: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights? — “Dzhokhar Tsarnaev will not hear his Miranda rights before the FBI questions him Friday night. He will have to remember on his own that he has a right to a lawyer, and that anything he says can be used against him in court, because the government won’t tell him. This is an extension of a rule the Justice Department wrote for the FBI—without the oversight of any court—called the ‘public safety exception.'”

Please follow our community rules when engaging in comment discussion on this site.
ONPOINT
TODAY
May 24, 2016
U.S. President Barack Obama meets with Vietnamese Communist party secretary general Nguyen Phu Trong at the Central Office of the Communist Party of Vietnam in Hanoi, Vietnam, Monday, May 23, 2016. (AP Photo/Carolyn Kaster)

Obama’s in Vietnam and Japan. The G7, Hiroshima and his pivot to Asia are all on the table. We look at the big picture. Plus, President Obama’s visit to Hiroshima.

May 24, 2016
Activist and author Gloria Steinem. (Carly Romeo / Courtesy Gloria Steinem)

Feminist icon Gloria Steinem explores how violence against women drives global instability in her new show, “Woman.” She’s with us.

RECENT
SHOWS
May 23, 2016
Robin Wright, right, attending the Emmy Awards in 2015 with Kevin Spacey. The pair star in "House of Cards" on Netflix. Wright recently shared that she fought to have an equal salary as Spacey. (Alex Berliner/Invision for the Television Academy/AP)

The pay gap between men and women is much greater in white-collar than blue-collar jobs. We’ll look at why, and what should be done about it.

 
May 23, 2016
A long line of travelers wait for the TSA security check point at O'Hare International airport in Chicago. Some major airports are currently seeing wait times exceeding 90 minutes at peak hours. (Teresa Crawford/AP)

The latest on the EgyptAir crash, and the latest on the TSA and security in the United States.

On Point Blog
On Point Blog
Gloria Steinem Explains Her ‘Bernie Boys’ Comment
Tuesday, May 24, 2016

Feminist activist Gloria Steinem explains why her apparent diss of female supporters of Sen. Bernie Sanders was anything but.

More »
Comment
 
‘Best Of’ 2016 Commencement Speeches
Monday, May 16, 2016

Excerpts from a few of the best commencement speeches delivered to the graduating class of 2016.

More »
Comment
 
Caller: Trump is a ‘Yankee moron,’ but I support him
Tuesday, May 10, 2016

“I’m a working man. I’ve worked 13, 14 hours every day. I got two jobs. I got three kids. I got a wife. You know, I’m not a misogynist.”

More »
Comment