This column by ACRU Senior Legal Analyst Ken Klukowski was published April 26, 2013 on Breitbart.com.

Updating our earlier report:

Details are emerging that when U.S. Magistrate Judge Marianne Bowler read Dzhokhar Tsarnaev his Miranda rights, she went to his hospital room accompanied by a federal public defender (meaning taxpayer-funded) and an assistant U.S. attorney from the Massachusetts prosecutor’s office.

Reports say the FBI was only partway through questioning Tsarnaev to get intelligence to determine who else was involved in the plot and how broad it was. The FBI told federal lawmakers in classified briefings this week they were “stunned” […]

This column by ACRU Senior Legal Analyst Jan LaRue was published April 23, 2013 on the American Thinker website.

Dzhokhar Tsarnaev should be tried by a military commission at Guantanamo Bay rather than in U.S. federal court on charges related to the Boston Marathon bombing. Naturalized American citizenship obtained by fraud is revocable.

There is Supreme Court precedent for revoking naturalized citizenship based on swearing a false oath of allegiance. See Knauer v. United States (1946); Perez v. Brownell (“Of course, naturalization unlawfully procured can be set aside.”); and Fedorenko v. United States.

Moreover, during WWII, a German soldier who […]

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 21, 2013 on Breitbart.com.

This is an update to an earlier story, presenting the analysis of why the Constitution probably entitles Dzhokhar Tsarnaev to the full range of protections in the Bill of Rights that he would receive as a civilian in federal district court.

As indicated at the time, such a civilian designation should be contingent on Tsarnaev not being an operative or agent of a foreign military or foreign terrorist organization. We know that the older brother, Tamerlan Tsarnaev, traveled to Russia for six months last year. […]

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 20, 2013 on Breitbart.com.

As a newly-minted U.S. citizen captured on U.S. soil, Boston terrorist suspect Dzokhar Tsarnaev will get the full range of constitutional protections from the Bill of Rights, as we explained yesterday, except one: Tsarnaev wasn’t read his Miranda rights.

In 1966, the heyday of the liberal Warren Court years, the Supreme Court held in Miranda v. Arizona that the Fifth Amendment right against self-incrimination requires police to inform anyone they’re taking into custody that (1) they have the right to remain silent, (2) anything they […]

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 19, 2013 on Breitbart.com.

The Obama administration has placed Boston terrorist suspect Dzokhar Tsarnaev in federal custody with plans to give him a civilian criminal trial in U.S. District Court in Massachusetts. That’s what the Constitution requires, though some will undoubtedly question that decision.

According to reports, Tsarnaev became a U.S. citizen in Sept. 2012. He was captured on U.S. soil by federal law enforcement officers (not military). This was not a battlefield setting, and at this point it appears Tsarnaev was not working for a foreign government or […]

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 19, 2013 on Breitbart.com.

We now know the Boston Marathon terrorists were Muslims with roots in Chechnya, the Russian province in an ongoing conflict with Moscow, with a large Muslim population and a history of violent conflict with the Kremlin in a long struggle for independence. They were likely not right-wing Americans, as some on the left had predicted and hoped.

We do not yet know whether they are part of a larger cell or whether these attacks were directed from abroad versus being exclusively the idea of these […]