Tags: lindsey graham | andrew napolitano | nyc | pipe bomb | suspect | treatment

Sen. Graham, Napolitano Differ on Treatment of NYC Pipe Bombing Suspect

Sen. Graham, Napolitano Differ on Treatment of NYC Pipe Bombing Suspect
(AP)

By    |   Monday, 11 December 2017 02:21 PM

New York City pipe bombing suspect Akayed Ullah should be treated like an enemy combatant, not a common criminal, Sen. Lindsey Graham said Monday, but Judge Andrew Napolitano, now a Fox News judicial correspondent, said he does not agree.

"I've been a military lawyer all my adult life," the South Carolina senator told Fox News' "America's Newsroom" program. 

"We're fighting a war, not a crime. Under the law of war, when you capture an enemy prisoner, somebody who is a soldier of the caliphate, you can hold them for interviewing. The last thing they need to hear is to give them a Miranda warning."

Ullah, 27, is being held at Bellevue Hospital in New York City, where he was taken for treatment to injuries he received when a homemade pipe bomb strapped to his body exploded just before 7:30 a.m. ET at a subway station near the Port Authority bus terminal in Manhattan.

Only Ullah received serious injuries, while four others nearby were wounded.

Graham said he'll never be convinced that the best way to gather intelligence is to read a suspect his or her Miranda rights.

"It would be easy to prove his case in court," said Graham. "What I object to is treating him as a common criminal. I want to know everything about him and how he got radicalized. He may be an isolated person, but I don't know yet. I want to spend quality time with this guy finding out all we need to know about what got him to where he is today."

Napolitano, though, said Ullah will be treated like an everyday criminal.

"Right now he is in Bellevue Hospital in New York City because there is a permanent police prison and an all-prison ward in there," Napolitano said of the 27-year-old suspect. Further, the police will not be able to speak with Ullah until his words are not influenced by medication.

And as for being treated like an enemy combatant, sending a person committing a crime in the United States to military court has not been done "in the history" of the country.

"If we begin the slippery slope of saying we hate this person, we fear this person, we believe they were radicalized by foreign forces and we'll take away their constitutional rights, that is a very dangerous step to take," said Napolitano.

The Constitution is clear on what happens in such a case, even though there is "no question" Ullah "tried to commit as much harm as he could," said the judge.

"The gravity of the harm doesn't interfere with the constitutional rights," he added. "The constitution protects everybody. Our rights come from our humanity. The right to a lawyer is expressly articulated in the constitution."

Napolitano said he's not surprised to hear Graham's argument, as there is a "myth" that the prison at Guantanamo Bay in Cuba better handles terror suspects.

"It's a myth, not reality," he said. "New York City Police and FBI and federal prosecutors in New York do a better job."

Graham said he was at the White House last week, meeting with Chief of Staff John Kelly and top national security people talking about incidents like Monday's bombing.

As a result, the senator said he hopes that when it comes to detention and interrogation policy, the Trump administration will break with President Barack Obama's model and treat terror suspects as war criminals, not common ones.

Graham also said it does not matter to him whether Ullah was trained formally in terrorism or if he got inspired by ISIS online.

"When you are dead, you're dead," he said. "Does it really matter how the guy behaves if they committed an act of terror and killed one of your loved ones? My point is this: this guy committed — tried to commit an act of terror apparently in the name of ISIL.

"That's enough for me to treat him differently than a common criminal. I would like to know what got him radicalized and everything about what got him to want to blow himself up."

And that can't happen, Graham said, in the criminal justice system, as it is not set up to gather intelligence.

© 2018 Newsmax. All rights reserved.

   
1Like our page
2Share
Politics
New York City pipe bombing suspect Akayed Ullah should be treated like an enemy combatant, not a common criminal, Sen. Lindsey Graham said Monday, but Judge Andrew Napolitano, now a Fox News judicial correspondent, said he does not agree.
lindsey graham, andrew napolitano, nyc, pipe bomb, suspect, treatment
696
2017-21-11
Monday, 11 December 2017 02:21 PM
Newsmax Media, Inc.
 

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved