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Napolitano And Kilmeade Get Testy Over NYC Terrorist’s Rights: ‘I Know Your Anger’

Judge Andrew Napolitano appeared on Fox & Friends Thursday morning to again defend his position that the NYC terror attacker should not be treated as an enemy combatant and shipped off to Guantanamo Bay — much to the consternation of Fox News’s Brian Kilmeade.

Napolitano was first asked about the decision to read attacker Sayfullo Saipo his Miranda Rights, which the legal analyst described as necessary under the Constitution.

Fox & Friends co-host Steve Doocy pointed out that Saipov is a legal U.S. resident, “which entitles him to certain Constitutional protections,” adding, “unfortunately.”

“Because we’re defending the Constitution,” Napolitano said. “And the Constitution was written to protect the people we hate.”

“And the people that hate us and kill us, we actually treat them great,” a visibly angered Kilmeade said.

“We do treat them constitutionally, and I know your anger —” Napolitano replied.

“They don’t deserve it,” Kilmeade shot back. “It’s not anger. It’s not anger, it’s self-preservation.”

Kilmeade then read a quote from Sen. Lindsey Graham, who has called for treating Saipov as a “soldier of the caliphate.”

Napolitano said that he had no problems with Graham, but in that case the U.S. “should declare war on the caliphate, which we’ve not done. Which would then make these people soldiers, which would then make them subject to the Geneva convention, which would then remove them from the prosecutorial system.”

“Look, we cannot take shortcuts around the Constitution,” Napolitano said.

Watch above, via Fox News.

Correction: a previous version of this story reported that Steve Doocy identified Sayfullo Saipo as a “U.S. citizen.” He is a legal U.S. resident, not a citizen.

[image via screengrab]

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