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When president obama weighed in on the cambridge professor arrest there, and they said it's hard to weigh in when it's a fair and impartial jury. when you look at the term enemy combatant. we go to 1812, we go to the war between mexico and the united states in 1846, and then you go basically to 1941, the attack on pearl harbor. there's a definite distinction between a state actor that attacks us and a person. again, the global war on terror, there's a nebulous view on how we treat these folks. are they enemy combatants? you can argue that. but they don't adhere to a state but allege ideology.

On terror. if you send them to gtmo that they have the same rights because they are then enemy combatants. this might be the first time we disagree. it why do you think maybe it's not the best idea? >> if you try to send him to gtmo there will be a protracted legal quagmire that will last for years. it would have to be done under the 2001 use of military force authorization from congress, which was designed for taliban and al qaeda. >> sean: that authorization continues. the lawyers will get involved, it will take five or six years, it might not be resolved. the most efficient way to prosecute...

Said that the trump administration missed an important opportunity to send a strong message to terrorists and make america safer. this is a huge mistake. very sad. let start with you, senator. what do you think? >> i think he could be tried in the united states. the crime was committed here on our property in the united states. it was clearly a murder trial. there is terrorism connection to that, i think we can pull that out through a traditional court system. the reason to move him to gitmo if he is connected to a larger network and we want to engage in a larger network size. we don't know th...

Neighbor showing a similar truck parked in front of saipov's home on october 22. saipov appeared disheveled, handcuffed in his wheelchair is said to want to hang an isis flag in his hospital room and is proud of what he allegedly did. that prompted the white house to consider classifying him as an enemy combatant who could be shipped to gitmo. president trump backed away from it. >> terror should know this administration will use all lawful tools at our disposal, including prosecution in article three courts or at guantanamo bay. if anyone has any doubt, they can ask them more than 500 crimina...

Ices atrocities. in the pickup truck, there is literature written in english and arabic praising isis. there were knives as well as a stun gun. june, as i told you, when i asked if he could be tried as an enemy combatant, potentially sent to gitmo, he said, yes, it's possible. that decision could be made, there has been similar presidents in the past where someone was charge with a federal crime and considered an enemy combatant. we are also learning more tonight about the victims in this horror. nicholas cleaves was only 23 years old. he lived near the site of the attack. he graduated from sk...