Specifically, Senator Lindsey Graham is asking Trump to hold the suspect, Sayfullo Saipov, as an enemy combatant.
"Representatives from the Center for Constitutional Rights, which has defended detainees in the prison, said Trump only wanted to send Sayfullo Saipov, the suspect in the attack that left eight dead, to the facility because he's Muslim".
Trump also said that the Diversity Visa Lottery program used by the suspect to gain entry into the USA should be halted, and questioned immigrants' ability to sponsor family members who want to enter the country.
"We also have to come up with a punishment that is far quicker and far greater in the punishment these animals are getting right now", Trump said. "We're so politically correct that we're afraid to do anything".
Graham called on Trump to hold Sayfullo Saipov without access to an attorney so he can be questioned by US intelligence about the Halloween attack. We need quick justice and we need strong justice.
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Trump's suggestion about sending Saipov to Gitmo came after Sen.
Sen. John McCain, R-Ariz., also called for trying Saipov at Guantanamo, according to the Huffington Post. "Transferring the suspect from NY would raise a host of constitutional and legal issues", the Times reports, "and it was not clear that Mr. Trump actually would follow through on the idea since his comment was in reaction to a question rather than part of his prepared remarks".
But Mr Trump said America's criminal justice system was too slow, offering an extraordinary rebuke of America's legal process. "He's a terrorist, he should be kept there".
"Take him to Guantanamo", McCain said Wednesday. He should not be read Miranda Rights, as enemy combatants are not entitled to them. Law enforcement authorities said the suspect in followed an ISIS playbook to carry out the attack.
Asked about the Guantanamo military commission's poor track record thus far, McCain conceded the system isn't working well.
Forty-one detainees now remain at Gitmo, though the facility hasn't accepted any new prisoners since 2008.
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