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President's druthers that he would send the person responsible for the attack down to the facility in guantanamo bay cuba where he can be interrogated without the presence of an attorney. this was suggested by lindsey graham of south carolina that believed that we could gain valuable information from talking to this person about what the connections were to terrorism, how this person became radicalized and without the benefit of having an attorney there. we can likely get more information than before. so the best of our knowledge, this would be the first time that anybody who committed a crime...

Now we know the attacker had been planning this for weeks, the exact ties to terror unknown. we do know that a handwritten note was found in the truck that he used connecting him to isis. on capitol hill senators john mccain and lindsey graham called on the president to make the alleged attacker, sayfullo saipov, an energy combatant? >> why should this guy be treated as an enemy combatant? >> declaring this man as an enemy combatant would allow us to hold him, and it doesn't have to be in gitmo. >> a correspondent specializing in isis and all things terror. brooke, i want to ask you about the ...

To gitmo. if this was your city and you were the chief, in new york, you have a death penalty involved with federal charges there, does this enemy combatant issue factor into thinking or you want to try this guy where this happened so everyone gets to see him? >> it wouldn't factor into my particular thinking. i would want him prosecuted to the fullest extent of the law. there are certainly people that would make that determination beyond me. i would want to see to it that he was -- however way we tried him that it was done to the fullest extent of the law. this is a case where the death penal...

That, yes. i would certainly consider that. send him to gitmo? i would consider that, yes. >> shepard: certainly an option that the president has. the system is in place for that. president obama never did away with the prison at guantanamo bay or any of those other things. critics would say that this violates rights. those that are proponents say look, you can gather more intelligence this way. let's remember facts involved. it's important to do that. khalid sheikh mohammed is in guantanamo bay. he's been there 15, 16 years. still doesn't face any charges. he's not been charged with anything....

New york authorities have talked about this. apparently they've agreed it's going to be a federal case. charges could be filed as early as today but probably tomorrow. but the real question whether there would be even legal authority to send him to gitmo but that doesn't seem it's going to happen. >> this might be out of your purview, why would the president throw that out there? >> he said before that perhaps terrorists should not be treated in the civilian courts. this is something that has been back and forth between republican and democratic administrations. but the fact that he's in the u...