>>steve: was the boston bombing a crime or an act of war? those questions are stirring up a heated debate in washington about whether dzhokhar tsarnaev should be considered an enemy combatant. doug mcelway live in d.c. >> as of early this morning no charges have been filed against dzhokhar tsarnaev, the younger brother who remains in critical condition at beth israel hospital with a wound to the throat. at issue is whether the suspect should be held as a military combatant or a u.s. citizen, entitled to all of his rights, including the right to remain silent. thus far he has not been mirandized. one former u.s. attorney general says there is no hurry. >> they can wait really as long as they like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. but they got so much evidence, including his own confession to the person