The White House said Monday that the surviving suspect in the Boston Marathon bombing will not be treated as an enemy combatant, drawing a rebuke from Republican lawmakers who wanted the administration to consider that option for the sake of intelligence gathering.

The announcement came as a federal complaint was filed against suspect Dzhokhar Tsarnaev. Fox News has learned that the suspect made an initial appearance in front of a federal magistrate judge at the hospital where he still is being treated. No plea was entered.

The complaint charged Tsarnaev with using a weapon of mass destruction at the marathon one week ago, an attack that killed three people and injured more than 200. The document authorized the death penalty or life imprisonment to be sought.

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