aev stopped talking after being read his constitutional rights.
Officials briefed on the interrogation say the 19-year-old suspect went silent after a magistrate judge and a representative from the U.S. Attorney’s office gave him his Miranda warning. The officials insisted on anonymity because the briefing was private.
Before being advised of his rights, Tsarnaev told authorities that his 26-year-old brother, Tamerlan, recently had recruited him to be part of the attack that detonated pressure-cooker bombs at the marathon finish line, say two U.S. officials.
The FBI filed a federal criminal complaint against the 19-year-old on Sunday, and federal District Court Judge Marianne Bowler arrived at the hospital where he is being treated to preside over his initial hearing Monday, when she read him his Miranda rights.
But Fox News’ sources say there was confusion about Bowler’s timing, with some voicing concerns that investigators were not given enough time to question Dzhokhar under the “public safety exception” invoked by the Justice Department.
Two officials with knowledge of the FBI briefing on Capitol Hill said the FBI was against stopping the investigators’ questioning and was stunned that the judge, Justice Department prosecutors and public defenders showed up, feeling valuable intelligence may have been sacrificed as a result.
The FBI had been questioning Tsarnaev for 16 hours before the judge called a start to the court proceeding, officials familiar with the Capitol Hill briefing told Fox News.
The exact timeline is unclear. A transcript of the court proceeding shows Bowler asking a doctor if Tsarnaev was “alert.”
“You can rouse him,” she says in the transcript.
“How are you feeling? Are you able to answer some questions?” the doctor asks Tsarnaev, who nods.
Although Bowler advised Tsarnaev, an ethnic Chechen and U.S. citizen, of his Miranda rights, it remains to be seen whether anything he told investigators before Bowler arrived can be admitted as evidence against him — or whether such interrogations would even be needed to convict him, given the amount of other evidence referenced in the criminal complaint signed by FBI Special Agent Daniel Genck.
Some Republican lawmakers have criticized the Obama administration for deciding against treating Tsarnaev as an enemy combatant, which would allow more time for interrogating him. The public safety exception to Miranda lasts only 48 hours.