Congress questions 'enemy combatant' decision in Boston bombing


The Boston bombing suspect is facing two federal charges Tuesday morning: use of a weapon of mass destruction and malicious destruction of property with an explosive device.

But how Dzhokhar Tsarnaev is being prosecuted - and what that means for immigration - is drawing much criticism in Washington.

Now that we've seen the charging documents and the suspect is talking, we're learning a lot more detail bout the investigation, and the fallout Washington, DC.

Late Tuesday afternoon, members of Congress will learn more about the investigation in a closed briefing. Some are already questioning why Tsarnaev won't be tried as an enemy combatant:

"We will prosecute this terrorist through our civilian system of justice," said Jay Carney, White House press secretary.

There was also this exchange between Sens. Chuck Schumer (D-NY) and Grassley (R-Iowa) on whether the investigation could delay immigration reform:

"...I would say excuse for not doing a bill or delaying it for years," said Schumer.

"I never said that!" said Grassley.

"I didn't say you did," said Schumer.

There are also questions as to whether the FBI should've followed up after Russia targeted the older Tsarnaev brother as a possible terrorist.

"If the Russians told us about this guy being a radical Islamist how could we miss it?" said Sen. Lindsey Graham (R-SC).

"I really think it's premature for any of my colleagues or myself to conclude that the FBI dropped the ball," said Rep. Adam Schiff (D-CA).

Dzhokhar Tsarnaev faces two federal charges that could result in the death penalty. Authorities say he's answering questions.

"Are there other bombers? Are there other plots in motion? Are there other confederates who are on the loose?" said Mike German, former FBI agent.

Tsarnaev reportedly told investigators he and his brother acted alone and learned how to make bombs on the internet.

Washington held a moment of silence Monday to remember Boston's day of terror.

The suspect, meantime, has made his first court appearance from the hospital, next securing a grand jury indictment.

FBI news release on charges

Read the criminal complaint