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York sent to gitmo? >> i would certainly consider that yes. >> are you considering that now, sir. >> i would certainly consider that . brian: no one told the southern district of new york. the attorney general never stops him. so they mirandize the guy and now he is -- he has a public defender and now he is through the system. he is not declared an enemy combatant. they don't get a chance to do with him what george bush did when he took enemy combatant and put him in south korea into the brink and question him for 30 days. don't do what they did with the tsarnaev brothers and feds stepped in a...

Uzbekistan and there's questions on immigration policy yet again. president trump is considering labelling this man as an enemy combatant. is that the right move? we'll explore it coming up.

2007. it was a disappointment for the administration at the time we couldn't try him as an enemy combatant. he's a legal permanent resident so it wasn't going to fly. i understand the instinct but i think sending him to gitmo would make him a murderer to isis. it's better to leave him here. new york city has a near-perfect prosecution record for terrorism cases. the evidence against this guy is so overwhelming. >> jesse: is it a death penalty situation? >> dana: yes. in new york state, i think. death penalty? i don't think so. i think the president saying he should get the death penalty, that'...

The suspect in tuesday's terror attack in lower manhattan is reportedly bragging about the attack and telling investigators he feels good about it all. senator lindsey graham thinks the sauce spect should be held as an enemy combatant and had harsh words for president trump comparing him to president obama. >> i'm very fired up about it. i've had eight years of this and don't want four more of it. the policies the trump administration are embracing are just like obama and make us less safe and i don't think the president understand being an enemy combatant and how you try somebody. >> and if s...

Sending this guy to gitmo and let the west deal with him as an enemy combatant. >> you know, there's a whole lot he piled in there. first of all, he called his justice system a joke. i wonder how his attorney general feels about that. and, yes, you're playing to the base when you say this is a matter of political correctness. this isn't a matter of political krengtne correctness. this is matter of being smart. supporters talk about the travel ban and people oppose the travel ban as a manner of political correctness. that's not the case. it's complicated to figure out how to do this on our turf...