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Sen. Lindsey Graham (R-SC) thinks Ahmad Khan Rahami, the suspect behind the New York and New Jersey bombings, should be considered an "enemy combatant" and stripped of his constitutional rights.

Graham took to Twitter to call on the Obama administration to do so for "intelligence gathering purposes."

Judge Andrew Napolitano said on "America's Newsroom" today that Graham's words are "particularly troublesome" to him.

Napolitano explained to Martha MacCallum that stripping a person of due process is "catastrophic" and clearly prohibited by the Constitution.

He said that he understands Graham's desire to gather intelligence from Rahami, but the Constitution - and the Supreme Court's interpretation of the Fifth Amendment - is clear that the government cannot strip the civil liberties from an individual they hate or fear in order to get information.

"If every time somebody attacks us we strip them of their civil liberties, we don't have any liberties left ourselves," Napolitano said. "These are guarantees in the Constitution. What is the value of a guarantee if it goes away because we hate the person and fear the person whose rights are guaranteed?"

On "Fox and Friends" this morning, Judge Andrew Napolitano shared more insight on why he "profoundly disagrees" with Graham.

"The Constitution disagrees, the laws of the land disagree and the Supreme Court disagrees," Judge Napolitano stated.

"The whole purpose of the Constitution is to prevent the government from subjectively deciding who has rights and who doesn't," Judge Napolitano said. "We all have the same level of rights, and the government can't take those rights away until you are convicted of a crime."

Watch more above, and let us know what you think in the comments.


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