This argument is now being tested during the military trial of Seargeant Bowe Bergdahl, who faces up to life in prison after pleading guilty to desertion and misbehaviour for walking off his remote post in Afghanistan in 2009.
President Donald Trump called on Thursday for the man charged over the NY truck attack to be executed, after investigators said he confessed to being inspired by Islamic State group propaganda.
Trump wrote on Twitter. He did not enter a plea in federal court Wednesday.
The US President took to Twitter to not only condole the loss in the recent attack, but also to slam the terror outfit.
The complaint against Saipov listed two counts: provision of material support and resources to a designated foreign terrorist organization, and violence and destruction of motor vehicles. The president agreed that the USA base in Cuba would be an option for Saipov, an immigrant from Uzbekistan who authorities say was inspired by the Islamic State.
Sanders said the Trump administration considers Saipov to be an "enemy combatant", but stressed that no decision had been made about how to prosecute him or where he would be detained.
Donald Trump has declared he wants to immediately work with Congress to terminate the diversity immigration lottery programme, which he says is how the "animal" NY terror suspect got into the US. And no one held within the US has been sent to Guantanamo since the detention center opened in January 2002 to hold suspected members of al-Qaida and the Taliban. Trump said there was something "appropriate" about keeping Saipov where he committed the crime, and tweeted, "Should move fast".
Overnight Mr Trump tweeted that Sayfullo Saipov, 29, should be sent to Guantánamo Bay detention camp and get the death penalty.
Sen. Lindsay Graham, a Republican, on Thursday repeated his criticism of the Justice Department for charging Saipov in the courts rather than treating him as an enemy combatant. The men remain at Guantanamo and have yet to be tried. Those cases are bogged down in pretrial litigation and are likely years from resolution.
The president's potential for influencing a criminal case also has arisen in the court martial of Bergdahl.
Mr Trump has also assailed Senator Chuck Schumer, the top Democrat in the Senate, who in 1990 introduced the bill in the House of Representatives that helped create the Diversity Immigrant Visa Program - despite the fact that Mr Schumer was among a bipartisan group of lawmakers in 2013 who sought to end it.
Bergdahl faces up to life in prison after pleading guilty to charges that he endangered comrades by walking off his post in Afghanistan in 2009.
Some anxious that the president's suggestion of a sentence could jeopardize a possible upcoming federal trial.
Police also said Saipov had left behind a note extolling Daesh, also known as ISIS.
"Trump's kind of a diarist in real time, and there's nothing comparable", said Brinkley, a history professor at Rice University in Houston. Trump tweeted Thursday morning. The latter was actually announced in a series of tweets beginning at 5:55 a.m. on July 26.
U.S. President Donald Trump speaks while meeting with members of his cabinet November 1, 2017 in Washington, DC. Trump cited "Fox and Friends" as his source for some of his information, but the Department of Homeland Security later confirmed that Saipov had benefited from the lottery.
Judges, like everyone else, can't ignore what the president is saying.