If the Tsarnaev's had blown up an empty office building or similar place, without loss of life, I could go easier on him.
After listening to Mark Levin explain this several times, I still doubt I could accurately repeat the finer points of it all.
What I do believe to understand is that yes, there is no doubt his actions fall under terrorism and thus he would be afforded no miranda rights, however, with the help of leiberman and graham, they passed a resolution to give due process rights to terrorists...in line with the whole unintended consequences theme.
It was passed in 2001 and stated that an enemy combatant had to have a connection to al quaeda or be an operative of al quaeda...however you spell that dang word!
Just go to his web page and anyone can listen for free to his shows this week, he covers it several times.