Isikoff: Suspect?s Miranda rights ?going to be very controversial?

>> news national investigative correspondent michael isikoff . michael , with a welcome to you, let's get to who gets to question tsarnaev and does that happen while he's still in the hospital? what do you know on that?

>> reporter: well, first of all, we understand that charges -- criminal charges may be filed against him as early as today. possibly this afternoon. we're waiting to hear on that. which does make this a bit tricky because normally in a criminal process you are entitled to be read your rights, you're entitled to know that you have a right to counsel, and, instead, as you have indicated, the administration is going to invoke the just -- the justice department is going to invoke that public safety exception to the miranda rights and try to question him by its special intelligence team without informing him of his rights to lawyers and there's already some pushback on that. the aclu, i just got a statement from them saying that this is a denial of rights to an american citizen . it's un-american, and we have to be very cautious about how much latitude we give the administration -- give the government on this.

>> michael , but can i ask you, the part they will ask him about, it's only relative to the safety of the citizens of boston and anyone in a related community, right? they have to see if he's put explosives places, and they will question him without an attorney until they feel that they have the full results of -- you know, they have dotted every "i," crossed every "t," right? after that is when he must be mirandized?

>> right. there's this limited period that they can question him. and you're absolutely right. there are real questions about whether there are other ieds out there that need to be found for the safety of the people of boston. so one question here is, you know, what is the extent of the questioning that this intelligence team is going to do? because clearly they were set up for intelligence purposes, not just for finding ieds, for finding who his potential accomplices were, was he working with any -- under instructions from anybody else, all extremely legitimate questions, but they also are questions that by its very nature would be self-incriminating. anything he says along those lines, i was working with somebody, jeopardizes his own constitutional rights to remain silent. so all i'm saying is there are a lot of questions about the latitude and scope of this kind of questioning and there is going to be pushback about it. it's going to be very controversial.

>> michael , quickly, getting word that the fbi had his brother on their radar since 2011 . what do you know about that?

>> reporter: yeah. a rather interesting statement from the fbi this morning that they had gotten a report from a foreign intelligence agency about tamerlan as early as 2011 and actually investigated him, questioned him about radical jihadi sympathies. it came from the russian intelligence service, and the fbi says they found no evidence of criminal activities and basically let the matter stand. now, what's interesting is in january of 2012 , after getting that report, after doing that investigation, he flies to russia for six months. and then returns to the country and then shortly thereafter sets up this youtube account filled with radical jihadi postings clearly indicative of sympathies with that cause. now, that's not evidence of a crime. that doesn't trigger necessarily any charges, but it's going to raise questions about what the fbi knew and when they knew it.

>> okay. michael isikoff , thanks so

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