The answer is NO, this is a slippery slope to do so. Regardless of what the man deserves, he is an US Citizen and the Constitution applies to the suspect as well. Would you want the President to declare you an “enemy combatant” just on his no word and no evidence against you? That’s what this is about, there is NO video showing these guys planting a bomb in Boston. So the man deserves a trial with an attorney to face his accusers as the Constitution calls for.

t’s a hot-button issue that is being fiercely debated in the days following the arrest of 19-year-old Dzokhar Tsarnaev. Judge Andrew Napolitano weighed in on the subject this morning on Fox Business Network, getting into it with host Stuart Varney over the constitutional protections that should be afforded to Tsarnaev.

Napolitano said that “there’s not a scintilla of evidence that these guys had any involvement with any organized group, domestic or foreign,” which he said would have to be established before Tsarnaev can be labeled an enemy combatant. Varney argued that maybe the government could get more information on that subject if they could talk to Tsarnaev without a lawyer present.

“Guess what. The Fifth Amendment prevents us from ‘getting’ what we want to get out of him. If you want to suspend his Fifth Amendment right, there will be no limit to whose rights you can suspend!” said Napolitano, pointing out that the younger brother is a U.S. citizen and therefore gets the same “panoply” of constitutional rights that anyone else would.