If you have a source that tells you that the Attorney General of the United States ordered a U.S. judge/magistrate to do anything at all, your source is wrong.<quoted text>
Under the Public Safety Exception, the FBI (or other agency) is allowed 48 hrs to question a suspect b4 he's charged. But there were <some> urging the suspect to be charged as an "enemy combatant". So reportedly Holder ordered the Fed Magistrate to get over to the hospital (unannounced) to mirandize Dzhokhar immediately in order to eliminate that option.
She was accompanied by the Asst DA and a Public Defender.
It's a familiar series of events. Eric Holder doesn't want ANY terrorists subject to military tribunal, but wants them tried in the civilian court system instead. And he's willing to sacrifice intel that may save XXXXX number of lives so that radicals like
the Boston bomber are given their rights.
He doesn't have the authority to do that, because the Judiciary is independent of the Executive Branch. They don't work for him.
He did have the authority to order the FBI agents to give a Miranda warning at any time. They do work for him, and there's no requirement that the warnings be given by a judge or magistrate.
They could have waited to file charges. The longer they did that, the longer they exercised the Public Safety exception,, the greater the risk that the delay would become an issue in subsequent judicial proceedings.
I heard the talk about declaring this guy an enemy combatant, but that's all it was - talk. For the surviving terrorist, these were criminal acts committed on American soil by an American citizen. The judicial system is more than adequate to deal with him while preserving both the ability to get intelligence out of him and to get a conviction.