CNN: "The government is invoking the public safety exception to question Tsarnaev"

to play the devil's advocate here is a link that spell's it out www.nytimes.com... from the link

The Obama administration justifies its handling of the Warsame case under the laws of war. But Mr. Warsame was not picked up on any recognized battlefield. The administration claims continuing authority for military detention, interrogation and trial. This applies not just to battlefield detentions, where it is often appropriate, but to detentions anywhere, and not just to personal involvement in violent attacks, but to a broad range of offenses directly or indirectly related to terrorism. That is far too broad a claim.

Two important goals must guide terrorist-related cases — eliciting information to thwart future plots and punishing the guilty. The overwhelming evidence from the past decade is that both are most reliably served by lawful interrogation and prosecution in civilian courts.

so yes they can ask him questions with out his rights and have the right to chose where to have trial Mil court or civilian court as far as the Patriot act it is not aimed at an individual acts but is aimed at finances www.fincen.gov... Now for the NDAA and what it can do www.policymic.com... form the link

The Military Commissions Act of 2009 redefined who would be eligible for trial before military commissions, stating that an "unprivileged enemy belligerent" is compared to the previous "unlawful enemy combatant."

Critics of the statute contend that the definition of a "belligerent" is too broad because it expands the class of persons who will be tried by a military commission as opposed to a civilian court, and that it limits the judicial review for non-U.S. citizens who are accused of even providing "support" to hostilities, putting them on the same ground as those who "engage" in hostilities.

thus is the one question of two: will he, the bomber, be tried in a Mil court or civilian, and second will the Obama admin say he is under enemy combatant statute.