Former National Security Agency Stewart Baker http://www.volokh.com/2013/04/25/why-wasnt-tsarnaev-searched-at-the-border/ asks a good question: why wasn’t Tamerlan Tsarnaev searched at the border when he returned from his six-month sojourn in Russia? As Baker notes, the government has much more power when someone is seeking to enter the country than when he is inside it. His conclusion:
“It sure looks as though the system failed. Tsarnaev should have been given a very close look as he entered the United States. But it seems as though someone — probably at the FBI, perhaps at DHS or elsewhere — decided we should just say “Welcome home” and wave him through.
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