Should Rahami Be Held as an 'Enemy Combatant'? Jud
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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."
On "Fox and Friends" this morning, Judge Andrew Napolitano said he "profoundly disagrees" with Graham.
"The Constitution disagrees, the laws of the land disagree and the Supreme Court disagrees," Judge Napolitano said.
He explained that if the government can strip a citizen of their constitutional rights because they are "anti-American" or engage in violence, then nobody's constitutional rights are secure.
"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."