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“They would much much prefer to question him without a lawyer around, and I say this with all due respect to all my fellow lawyers. I’m a lawyer, and we tend to mess things up rather than advance things.”

The former mayor said Mr. Tsarnaev potentially can be charged for crimes in three jurisdictions: Massachusetts for murder, federal court for terrorism and a military tribunal for committing a war act on the United States.

“The idea of worrying about prosecuting him, I won’t worry about that at all,” he said. He’ll be found guilty “in so many places.”

Mr. Giuliani added he hopes the administration will approach the issue, with a legal — not a political — mind.

“Meaning, I’d like to push everything in the direction of enemy combatant, if we can get there,” he said. “We’d be much better off.”

But the executive director of the American Civil Liberties Union said it would be wrong for the federal government to classify Mr. Tsarnaev an enemy combatant.

“To hear members of Congress, the Senate, saying an American citizen who allegedly committed this crime … on American soil is not entitled to the constitutional protections is breathtaking,” Anthony Romero told “The Daily Rundown.”