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Process. >> sarah, the guantanamo bay question. does the president believe this suspect should be classified as an enemy combatant? >> i believe we would consider this person to be an enemy combatant, yes. >> would he maybe decide not to charge him in federal court and use the status of enemy comb combatant and that status but treat him differently in terms of prosecution. >> i don't think that's been determined. we'll wait until we're a little further in the process. >> have you decided to charge him at all on that? >> we haven't made any decision on that. >> you said you were open to the ene...

Was his brother. >> neil: did video help you with that or did he lead you to that? >> no, video led us to that. he was not -- we never got to talk to him. he didn't talk to us at all. >> neil: okay. curious about those developments. ed davis, thank you very much. >> thank you. >> neil: senator lindsey graham thinks whatever you think, he's not a criminal. he's an enemy combatant. and should be treated that way with gitmo, nothing like a regular criminal. rebecca heinricks is here. what do you through of that. >> senator graham spent three decades as a military lawyer. he's right in principle. ...

Suggesting if you're from a foreign country and perpetrate and act of terrorism, you qualify as an enemy combatant. this person unlike padilla was not a u.s. citizen but had a green card could change things around. just to reiterate what sarah huckabee sanders said, he would support it. >> shepard: a lot to go before anything like that. john, you began this asking the question about the politicalization of this. >> i remember asking the president about the bump stocks that the las vegas shooter used. he said there's a lot of time to talk about policy. now is not the time to do. that was a coup...

Consider sending saipov to gitmo, we're hearing some lawmakers say he should be treated as an enemy combatant. as far as we know he hasn't been read his miranda rights. how long does the government have before they need to make a decision one way or the other? >> the two separate issues here, they don't have to read the miranda rights courts have held in similar cases to be able to question someone and still use the evidence under what's called the public safety exception, judge court made law that says if you're trying to find out if there's a danger to the community and was anybody else invo...

Declared an enemy combatant is one that gets made way above my pay grade. this is an office of federal prosecutors. there were a number of federal crimes committed in the complaint that we were able to prove and we brought the charges and we intend to proceed with them. whether or not someone will be designated an enemy combatant or not, that's a determination that will be made elsewhere. i believe in the history if you look through precedents, there can be federal charges in place. someone can be declared an enemy combatant. as i said, those are determinations that other people make. [reporte...