"In essence, although suspects interviewed pursuant to the program are told, through the Miranda warnings, that they have the right to remain silent, the preamble suggests that invoking that right will bear adverse, and irrevocable, consequences, " the court wrote.

WSJ: NY court: Queens DA interviewing wording not legal

Another issue that continues to face the government: when to read Mr. Tsarnaev his "Miranda" warnings, informing him of his rights to counsel and to stay silent to avoid self-incrimination.

WSJ: Prosecutors Plot Strategic Course in Boston Bombing Case