Sessions asked again: "Who made the decision that he would be treated as if he were a criminal to be tried in civilian courts and be provided Miranda warnings? Who?"
"The decision to arrest him, put him in criminal courts," Mueller answered, "the decision was made by the agents on the ground. The ones that took him from the plane and then followed up on the arrest -- "
"So the decision was made by agents on the ground based on some protocol or some policy that they understood?" Sessions asked.
"Based on an ongoing, very fluid situation," Mueller answered, "in which they are trying to gather the facts and determine what culpability this individual had, but as important as determining the culpability of this individual, what other threats were out there that needed to be addressed?"
After the agents decided to treat Abdulmutallab as a civilian criminal, he was given a lawyer and a Miranda warning informing he had the right to remain silent. "Immediately, I assume, the lawyer advised his client not to talk," said Sessions.
"Without getting too much into the details," Mueller answered, "in this particular case the agents interviewed him for a period of time for any information relating to ongoing and other threats -- "
"Before or after a Miranda warning was given?"
"Before Miranda warnings were given."
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