On Twitter, he suggested the Obama administration toss the court system and Constitution for “intelligence gathering purposes”. He declared the administration should hold the accused bomber, Dzhokhar Tsarnaev, 19, as an enemy combatant. This legal status has been mostly reserved for al Qaeda and those held without charge for the last decade in Guantanamo Bay’s military facility.
Senator Graham is a known proponent of military-style detention for American suspects merely accused of terrorism. During debates regarding indefinite detention provisions in 2011, which effectively invalidated the Bill of Rights, he notoriously bellowed that Americans accused of a terrorist-related crime should be denied Due Process. “When they say I want a lawyer, you say “Shut up! You don’t get a lawyer.”