Sen. Lindsey Graham, R-S.C., scolded President Trump for missing an “important opportunity” to make America safer by not holding the suspect of the Manhattan attack as an enemy combatant.
“The Trump Administration missed an important opportunity to send a strong message to terrorists and make America safer. This is a huge mistake. Very sad,” Graham said in a statement Wednesday.
Terrorism charges have been filed against suspect Sayfullo Saipov in connection to the attack Tuesday, in which a truck was driven down a bike lane in Manhattan, taking the lives of eight people.
“It appears the Trump Administration is continuing the Obama policy of criminalizing the War on Terror by not declaring Sayfullo Saipov an enemy combatant,” Graham said.
Saipov shouted “Allahu Akbar,” translating to “God is Great” in Arabic, after he crashed his truck into a school bus and walked out with a pellet gun and a paintball gun, according to acting U.S. Attorney Joon Kim in a press briefing Wednesday afternoon. Authorities also said they have established evidence tying Saipov to the Islamic State.
Graham, along with Sen. John McCain, R-Ariz., said Saipov should be held as an enemy combatant after the attack. Graham condemned the move because now that Saipov is “lawyered up,” plea bargaining may be the only way to retrieve more intelligence.
“Plea bargaining is a bad way to gather intelligence — not required under the law of war,” Graham said. “Given the facts, any first-year law school student could obtain a conviction in court. I am more concerned about intelligence gathering to help win a war. That is a process which takes time — time which is now lost.”
Trump said he would consider sending Saipov to Guantanamo Bay’s U.S. military prison, a move with Graham indicated he supported earlier in the day.
“I would certainly consider that, yes,” Trump said in response to a reporter’s question on Wednesday. “Send him to Gitmo.”
Federal prosecutors charged Saipov with providing material support to ISIS and for violence and destruction of motor vehicles, which lead to eight deaths and a dozen more injured.
