A top senator said Wednesday that the suspect in Tuesday’s attack in New York should be held as an unlawful enemy combatant, denied Miranda rights and subject to interrogation to try to find out more about what motivated him and whether he is working with others.
Sen. Lindsey Graham, South Carolina Republican, said he wants President Trump to break with the Obama administration and flex the enemy combatant procedures so the government can take more time for the interrogation.
“If you take up arms against the United States in the name of radical Islam you should be treated as a terrorist,” Mr. Graham, who has spent more than 30 years as a military lawyer, said.
He said if the government realizes that the man doesn’t fit the definition later, his status could be changed. But for now, the administration must pursue him as a terrorist.
“The moment you read someone their Miranda rights there is an impediment to interrogation,” Mr. Graham said.
The suspect, Sayfullo Saipov, is a legal permanent resident who came to the U.S. through the Diversity Visa Lottery in 2010.
As a lawful permanent resident he has to be tried in a regular U.S. court rather than a military commission, said Mr. Graham, who helped write the law governing those matters.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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