There is, however, a public safety exception to Miranda, allowing suspects to be questioned about imminent threats. Both the Times and the Journal seem comfortable with that exception – although the Times adds that “in 2010, unfortunately, the administration improperly told agents that they could expand that exception for terror suspects even when threats were not imminent.” That brings us to the fundamental question: Just what is the purpose of interrogation in a case like this? For the Times, it seems, it’s for purposes of prosecution and, fairly narrowly, to “allow investigators to question suspects about imminent threats, like bombs or specific terror conspiracies.” (emphasis added)

That contrasts sharply with the Journal’s view. The Miranda issue is a distraction, the Journal says. The evidence gathered prior to giving Dzhokhar his warning will not be admissible in court, but that doesn’t matter because there’s already plenty of evidence to prosecute him. The purpose of extended interrogation, which hasn’t yet been tested in court, is security – “finding out what Dzhokhar knows that might prevent a future attack or break up a terror network.” There’s already ample evidence to suggest that there may be wider, international aspects to this bombing. It’s not a simple bank robbery or even a domestic bombing case like we had in Oklahoma City. The Journal seems to think that Dzhokhar needs to be labeled an “enemy combatant” in order to be so interrogated. Why? That too is a distraction.

Dzhokhar will get all the process he’s due to defend against the charges that will be brought against him, however difficult that defense may be with all the video and other evidence already before us. The larger question, given what we already know, especially concerning the activities of his older brother, is what more needs to be known to better protect against the kind of terror we saw in Boston last week. The Constitution ensures that the accused will get a fair trial. But it also allows the public to protect itself in ways that violate the rights of no one.