Sen. Lindsey Graham said Monday morning a suspected terrorist in New York City must be "held under the law of war" and interrogated accordingly.
"I urge the Trump administration to reject the law enforcement model and reject Obama's policies of turning the war into a crime," said Graham (R-S.C.), adding the suspect should not be read his Miranda rights.
Three people suffered non life-threatening injuries Monday near Times Square when the ISIS-inspired Bangladeshi national detonated a device which was strapped to his body.
Another photo allegedly of the terrorist: pic.twitter.com/racDVvHxu8
— Joe Borelli (@JoeBorelliNYC) December 11, 2017
Akayed Ullah, 27, was taken into custody after the blast occurred on a crowded subway platform near Port Authority Bus Terminal during the morning rush.
Graham said the military legal system was created to gather intelligence in a time of war, while the federal criminal justice system was not.
"Whether he was a lone wolf or not, I hope they will treat this as an act of terrorism, not a common crime," said Graham.
He noted that the terrorist who drove a van into a crowd of New Yorkers on October 31 was prosecuted and immediately afforded the right to an attorney.
Later on the show, Fox News senior judicial analyst Andrew Napolitano expressed the opposite view, saying it would be unprecedented for Ullah to be handed over by civilian authorities to the military for a crime committed in the U.S.
He said taking away Ullah's constitutional rights would be a "slippery slope."
"Remember, the Constitution wasn't written for good people. It was written for people in a situation like this," said Napolitano.