Federal authorities have charged the lone surviving Boston Marathon bombing suspect, 19-year-old Dzhokhar Tsarnaev, with a terrorist act that could carry the death penalty. The charges allege that Tsarnaev detonated a weapon of mass destruction that killed three and injured more than 200. Questions remain to why Tsarnaev was not charged with the murder of MIT police officer Sean Collier, who the brothers are believed to have shot dead; or his own brother Tamerlan, who Dzhokhar reportedly ran over when driving a stolen SUV while trying to escape.
Furthermore, Law Professor Alan Dershowitz has said that authorities will regret not reading Dzhokhar Miranda warning right away, as prosecutors may have blown their chance to get a death penalty conviction.
New York State Senator Lee Zeldin and Counterterrorism Specialist Kerry Patton joined "Wilkow!" Tuesday to discuss the charges laid out against Dzhokhar, the difference between labeling him as a civilian or enemy combatant, and the debate over how delaying a Miranda warning could effect the outcome of Dzhokhar's trial.