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Sen. Lindsey Graham (R-SC) said a terrorist who mowed down more than 20 people with a truck in New York City must be held as an "enemy combatant," not as a common criminal. 

He told Shannon Bream on "Fox News @ Night" that 29-year-old Uzbek immigrant Sayfullo Saipov should be held by U.S. intelligence for as long as necessary to figure out whether he was part of a broader ISIS plot and to examine his past contacts. 

"The last thing that I want this guy to hear tonight is, 'You have the right to a lawyer.' The last thing he should hear is his Miranda rights. I’ve been a military lawyer for 33 years. There is enough evidence to believe that he qualifies as an enemy combatant under the law of war," said Graham. 

Saipov, 29, had a printout of an ISIS flag in his car and left behind handwritten notes pledging his loyalty to the Islamic State, Fox News reported. He also yelled "Allahu akbar" when he exited the rented truck after killing eight people and injuring 11. 

Graham said he believes President Trump understands the nature of the threat and the "religious war" facing the United States right now. He said he spoke to Trump before the interview and they shared the view that America is "fighting people that are compelled by their religious views to kill us all," including fellow Muslims who don't agree with their extreme views.

"We’re in a war, and for the last eight years, the Obama administration turned the war into a crime. So, I talked to the president tonight. He is right to make sure when somebody comes into the country from a place where radical Islam, and that’s the enemy, thrives, then we’re going to ask extra hard questions," Graham said. 

Watch the interview above.

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