New York Terror Suspect Must be Held as Enemy Combatant: McCain, Graham

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Furthermore, the senator explained that the government’s goal is to gather intelligence when terror attacks happen. He believed that it is not difficult to convict Saipov in the court of law, but he will have his day in court.

According to Graham, Saipov is a green card holder therefore he cannot be tried by military tribunals. However, under the law of war, the United States has the authority to detain him as an unlawful enemy combatant. He has the right to appear before a federal judge within 30 to 60 days. The government would have to prove based on the evidence that Saipov is associated with radical Islam.

Furthermore, the senator emphasized that reading the suspect’s Miranda Rights is not the best way to gather intelligence. He stressed that the war against terrorists is already in our backyard.

Moreover, Graham said under the law of war, the U.S. can interrogate suspects without limitation of time. The government cannot torture them. He emphasized that time is a good interrogation technique not torturing the suspect.