Could Trump send the NY terror suspect to Guantanamo?

Authorities respond near a damaged school bus Tuesday Oct. 31 2017 in New York

When a reporter asked whether he would send Saipov to the Guantanamo Bay prison, Trump replied, "I would certainly consider that".

Trump took to Twitter to condemn the terrorist, and in doing so, suggested that he receive the death penalty.

It is an open question whether the administration could send Saipov to Guantanamo Bay, in part because courts have not ruled whether the 2001 Authorization for Use of Military Force - which permits the government to detain enemy combatants for the duration of a military conflict - applies to the Islamic State and its followers, said Stephen Vladeck, a national security law professor at the University of Texas at Austin.

The charges are one count of violence and destruction of motor vehicles causing the deaths of eight people and one count of providing material support and resources to a foreign terrorist organisation.

Trump tweeted Thursday that there is "also something appropriate" about keeping Saipov "in the home of the awful crime he committed".

U.S. President Donald Trump on Thursday reiterated his call that the Uzbek immigrant accused of killing eight people by speeding a rental truck down a New York City bike path should get the death penalty.

"NYC terrorist was happy as he asked to hang ISIS flag in his hospital room", Trump tweeted late Wednesday night.

Tuesday's attack injured 12 people, some critically, in addition to those killed.

Trump also said in a tweet late Wednesday that the alleged terrorist who killed eight people in NY should get the death penalty. The president agreed that the US base in Cuba would be an option for Saipov, an immigrant from Uzbekistan who authorities say was inspired by the Islamic State.

On Wednesday, the US announced that a man arrested in Bosnia had been brought to NY to face charges that he abandoned the United States in 2013 to join the Islamic State group.

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Islamic State claimed responsibility for the attack, the group's online publication said yesterday. But Trump's intervention may actually make it harder for prosecutors seeking a tough sentence for Saipov-who told FBI investigators that he had been inspired to carry out the attack after watching a video of ISIS leader Abu Bakr Al-Baghdadi calling for Muslims in the United States to avenge the deaths of Muslims in Iraq.

The US President's harsh public statements about alleged criminals, including the man charged in the NY truck rampage this week, could see them walk away with lighter sentences.

Separately, the Federal Bureau of Investigation was questioning people who might have information about his actions before the attack, including a second Uzbek man.

The law enforcement official said Kadirov was a friend of Saipov's and may not have a role in the case at all, but authorities got suspicious because he "went off the radar" when they went to speak with him.

Five Argentine tourists, a Belgian woman, a New Yorker and a New Jersey man were killed in Tuesday's attack.

He has also supported the idea of sending the suspect to Guantanamo Bay terrorist detention centre in Cuba.

"The defense is sure to raise this as unfair and raising questions about a jury being able to reach an impartial verdict", said James Acker, a professor at the School of Criminal Justice at the State University of NY in Albany who specializes in the death penalty.

He added that he plans to terminate the diversity lottery programme.

Miller said Saipov had never been the subject of a criminal investigation by the FBI or NY police, but appears to have links to people who have been investigated.

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