US president Donald Trump has backed away from his threat to send the suspect in the New York bike path attack to Guantanamo Bay.
He acknowledged in an early morning tweet that the military judicial process at the Cuban detention centre takes longer than the civilian federal court system.
But Mr Trump called again for the man to be executed, which could complicate the case for prosecutors and give defence lawyers a chance to argue the president’s tweets hurt their client’s right to a fair trial.
Would love to send the NYC terrorist to Guantanamo but statistically that process takes much longer than going through the Federal system…
— Donald J. Trump (@realDonaldTrump) November 2, 2017
…There is also something appropriate about keeping him in the home of the horrible crime he committed. Should move fast. DEATH PENALTY!
— Donald J. Trump (@realDonaldTrump) November 2, 2017
Mr Trump tweeted on Thursday morning that the case against Sayfullo Saipov, 29, “should move fast. DEATH PENALTY”.
He had tweeted on Wednesday night: “NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!”
His comments broke with longstanding tradition against presidents publicly commenting on criminal cases.
NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!
— Donald J. Trump (@realDonaldTrump) November 2, 2017
Mr Trump on Wednesday, in seemingly off-the-cuff responses to reporters, said he would consider sending Saipov to Guantanamo, a notion the White House later reinforced by saying it considered Saipov to be an “enemy combatant”.
Authorities say Saipov was inspired by the Islamic State group when he veered into a city bike path in Manhattan on Tuesday, killing eight people.
In NYC, looks like another attack by a very sick and deranged person. Law enforcement is following this closely. NOT IN THE U.S.A.!
— Donald J. Trump (@realDonaldTrump) October 31, 2017
But just a few hours later, the government filed federal terrorism charges against the Uzbek immigrant, signaling an intent to prosecute him within the US.
The one-two developments marked a sharp disconnect between the president and his administration.
Mr Trump said he would love to see Saipov prosecuted at Guantanamo, but tweeted that there is “also something appropriate” about keeping him “in the home of the horrible crime he committed”.
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