Sen. Lindsey Graham (R-SC) told the hosts of Fox & Friends on Monday that Boston bombing suspect Dzhokhar Tsarnaev is subject to the laws of war and not American criminal justice. He was less emphatic in his insistence that Tsarnaev should be classified as an enemy combatant than he was on Sunday, but Graham was still clear that the laws of war do pertain to Tsarnaev’s case.
Gretchen Carlson asked Graham to clarify his insistence that Tsarnaev be treated as an enemy combatant. Graham said that authorities do not know if he is an enemy combatant and would not know for some time. “It took us weeks or months to figure out 9/11,” Graham said.
“I could care less about the trial – a first year law student could do this trial – I want to gather intelligence,” Graham added. “He’s a potential enemy combatant. He has ties with overseas terrorists. He’s clearly a radical Islamist. I would hold him under that theory when the public safety exception expires.”
“This idea that the only way we can question him about national security matters is to go through his lawyer turns over to the terrorist and their lawyer controlling information to protect us all,” Graham noted. “That’s crazy. That’s absolutely crazy.”
“Citizenship doesn’t give you immunity from the law of war,” he went on. “If you take up arms or hostile acts against the nation, you can be killed or captured. That’s the law.”
“In World War II when American citizens helped the Germans, they were hung,” Graham recalled starkly. “We had [Jose] Padilla held for four years because he was working with Al Qaeda.”
“If you’re an American citizen thinking about helping out Al Qaeda, let me give you some advice: you can be killed and captured,” Graham said. “You don’t have any right to kill us and be immune from the law of war.”
Watch the clip below via Fox News Channel:
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