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Boston bombing suspect charged, will not be treated as enemy combatant


The White House said Monday that the surviving suspect in the Boston Marathon bombing will not be treated as an enemy combatant, in response to calls from Republican lawmakers 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. 

"Although our investigation is ongoing, today's charges bring a successful end to a tragic week for the city of Boston, and for our country," Attorney General Eric Holder said in a written statement.
As the complaint was filed, White House Press Secretary Jay Carney made clear that the suspect would go through the civilian court system and would not be handled as a combatant.

"He will not be treated as an enemy combatant," Carney said. "We will prosecute this terrorist through our civilian system of justice." 

Carney stressed that the civilian system has been used to try, convict and incarcerate "hundreds of terrorists" since the 9/11 attacks, including the Times Square attempted bomber. "The system has repeatedly proved that it can successfully handle the threats we continue to face," he said. 

Carney noted U.S. citizens -- like Tsarnaev -- cannot be tried in military commissions under U.S. law.
Republican Sen. Lindsey Graham and other lawmakers, though, were not suggesting he be tried before a military commission. Graham, rather, was suggesting that the administration label him an "enemy combatant" for purposes of intelligence gathering. He said Monday afternoon that he "strongly" disagrees with the administration's decision to rule out that possibility. 





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