SEAN HANNITY

Monday, April 22nd

Should Tsarnaev Be Tried In Civilian Courts? What rights should bombing suspect #2, Dzhokhar Tsarnaev, be afforded and should he be mirandized? Those are the firs two questions Sean posed to guests Jay Sekulow, Chief Counsel of the American Center for Law & Justice and Adam Winkler, Constitutional Law Professor at UCLA, kicking off the second hour of Monday's show. The risk that is taken by mirandizing the suspected bomber is that he could get a lawyer, clam up and no intelligence could then be gathered. If authorities wait to mirandize they could get the answers to the questions about the bombing and what other plans they had to attack other parts of the United States, under the public safety exception. This exception is very narrow because the imminent threat of Dhokhar Tsarnaev is now very limited, as no further threats seem obvious and he is not in a condition to carry out any remaining threats. Winkler felt that the government is within their right to hold a suspect longer than the law currently allows if it is indeed based upon an imminent threat to public safety. Howver, Winkler continued, this "public safety" exception is a slippery slope as the threat of the government using this law to put anyone under questioning and arrest without their Miranda rights is a possibility. "If a suspect is in custody for over 48 hours, we are beyond the public safety exemption and the suspect should be mirandized at this point," said Adam Winkler. Sekulow felt Tsarnaev should be labeled and registered as an enemy combatant of the state. Jay disagreed with Adam, and explained that the suspect is just now coming to and there hasn't been enough time to question him under the exception. Adam and Jay both disagreed on the use of the Constitution and that the need to find out about other bombs and/or terror plots should be paramount over a suspects' rights. Sacrificing Freedom For Safety? Sean kicked off Monday's show by discussing the capture of Tsarnaev in Watertown, MA on Friday. "One thing that really scared me on Friday was when the police told Watertown residents to remain in their homes with their doors locked. I wonder how many of those people in Watertown - because it's very hard to get a gun in Massachusetts - would have had the ability to protect themselves or had wished they owned a gun? I know if it was my town, or my neighborhood that I would have the weapons necessary to protect myself and I'd feel better," said Sean. As Robby Barthelmess of PolicyMic.com writes, "Individual liberty is often at odds with the safety or interest of the masses. Such is the design of governments and the social contract. With the desire to come together to live peacefully, we all willingly relinquish select freedoms with the interest of the society in which we live. Our Bill of Rights was designed to prevent certain rights from being infringed upon, despite circumstance. Many seem to be okay with the lack of the mirandizing of the suspect, a naturalized U.S. citizen. Removing certain freedoms or rights may help to assure safety in many cases; but is this the right way to achieve safety? How far are we willing to go to supposedly prevent or reduce further attacks?"

What Happened To The FBI Investigation Into Tamerlan Tsarnaev? Sean kicked off the last hour of Monday's show with a question: "How could the FBI have determined Tamerlan Tsarnaev to be safe and not a threat to the country?" To answer this, and other questions, Sean invited Brigitte Gabriel, founder of the non-profit organization ACT for America, Mike Ghouse of the America Together Foundation and Steve Emerson, founder of Investigative Project on Terrorism to the program. Emerson explained that he has done extensive research on Tamerlan and talked about his YouTube site and the amount of radical Islam clerics he featured on his page; this was a clear declaration of his support of radical Islam. Brigitte explained that over 226 home grown terrorists have been arrested in the past 4 years under President Obama, even though the Muslim religion accounts for only 2% of the national religion in the United States. Mike Ghouse told Sean that he wants American Muslims to speak out against the Tsarnaev brothers and declare them to be enemies to the country and not at all representative of the average Muslim. You can listen to the entire lively debate HERE. Today's "Hot Topic" On The Hannity Forums: Boston Bomber Suspect.... to be tried in Civilian Court - User84 Not an enemy combatant. Surprised about this? >> TV Tonight (Hannity FoxNews at 9pm ET): One week after the Boston Marathon attack Americans are learning more about the suspects. Did they have ties to radical Islam? Plus a lawmaker suggested using torture on the captured suspect. Sen. Greg Ball defends his Tweet. And was the widow of the older suspect aware of his plans? Ann Coulter weighs in.