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Classified as an enemy combat t combatant? >> i would consider that, yes. >> would the president instruct the justice department not to charge him in federal court and to therefore use these powers of enemy combatants and that status to treat him different not only in terms of interrogation but prosecution? >> i don't believe that determination has been made. that's something that we will wait till we get further in the process. >> and as opposed to having him charged in federal court. >> i won't speak to that until -- >> you said you're open to the enemy combatant. >> in terms of how we proce...

Guantanamo? >> i would prefer we take our time. designate him as enemy combat t combatant. they said they were holding him under the law of war. they have shunned using law of war as the basis for holding somebody. >> the benton spokesman who said that. designation of the law of war as the rationale for holding this guy, does that signal that under the law of war something different may happen that may bring him down to manhattan? >> not ultimately. hold him under the law of war for as long as they think they can and get as much out of him as they think they can and turn him over to law enforc...

Conspiracy. that's where our focus is right now. >> i want to play for you what republican senator lindsey graham said after the white house announced earlier in the day that the survivining suspec the 19-year-old, would not be questioned as an enemy combat t combatant. listen to this. >> i'm asking this administration to leave on the table the option, if the evidence warrants, to designate this individual as an enemy combatant. what do we know? we know that these two individuals embrace radical islamist thought, that there's ample evidence this was an attack inspired by radical ideology, they...