Charges of Using a Weapon of Mass Destruction have been filed against the surviving brother, Dhokhar Tsarnaev, that aided in carrying out the bombing attack in Boston during the annual marathon last week.

He has also been charged with Malicious Destruction of Property Resulting in Death. Tsarnaev, a naturalized citizen will not be treated as an enemy combatant according to White House spokesman Jay Carney.

This is counter to the demands from three Republican Senators and one Republican Representative that Saturday demanded that he be treated as an enemy combatant. Those four are Senators John McCain(Ariz), Kelly Ayotte(N.H.) and Lindsey Graham (S.C.), as well as Representative Peter King of New York.

Tsarnaev has been answering questions in writing that have been posed by investigators as he is hospitalized at Beth Israel Deaconess Medical Center. Reports say that he he is in critical but stable condition and has been drifting in and out of consciousness. Tsarnaev was wounded in the throat. It is still unclear at this time if the wound, that leaves him unable to speak, was self-inflicted or as a result of the firefight with authorities.

The elder of the two brothers, both of whom are Chechan immigrants, Tamerlan Tsarnaev, was killed during a shootout with police on Thursday night. The younger brother was captured alive after being discovered hiding in a boat in the man’s backyard. He was discovered about a block outside of the perimeter that authorities had set up to contain the suspect. The homeowner suspected something was awry when he spotted blood on the outside of his boat.