that's what we've got to do. that's what we're doing this morning. >> cardinal dolan's message for new york city good words to live by. here's shep. >> shepard: he followed isis' playbook to a tee. it's 3:00 in new york where investigators told us that and more today as they work to get answers against the man accused in the bike terrorist attack. teens from around the world digging to his past for clues. experts say the suspect rolled with a troublesome crowd. we'll take you to his home and explain what we learned about his plot. plus, what we know about the innocent victims of this attack. the heros that came forward to help and how the big city is showing big hearts. >> my message to all new yorkers is do what you do best.

be new yorkers. >> don't let the bastards get you down. >> shepard: message received. let's get to it. we're waiting to hear from the white house at any moment now. sarah sanders likely to face questions about the terror attack here in new york. we'll bring that to you live and uninterrupted when it begins. we're learning the suspect accused of mowing down people on the bike path and killing eight and injuring 11 others spent weeks planning the deadliest attack in new york city since 9-11. they have been questioning the 29-year-old at the hospital. according to the reporting of abc 7 here, the suspect said he was proud of the attack. today fbi agents and police searching for ed in patterson, new jersey where the suspect lived. about 15 miles west of manhattan. investigators say the suspect is

from uzbekistan and came to the united states legally in 2010. he's never been the focus of an investigation but may have been connected to others that were. cops say the suspect left a handwritten note about the islamic state. inside, near the truck that he used to carry out the attack. the new york governor says the suspect was radicalized domestically. meaning he became this way once he was here. he attended a mosque in tampa before moving to new jersey, a man that preached at the mosque tried to steer the man away from extremism. the suspect rented the pickup from a home depot in passaic, new jersey. about six miles or so. a little after 2:00 eastern time yesterday. about 30 minutes later, license plate readers caught the truck driving over the george washington bridge. after 3:00 local time, cameras spotted the truck entering the bike path at a high rate of

speed. i want to show you the map. the truck got under the bike path at houston street and headed south down the west side highw highway, began driving a mile later and collided with a school bus near chambers street. injured two adults and two kids. we have video of people responding to the school bus crash. >> oh, my god. can you call 911? oh, my god. oh, my god. okay. i need an ambulance right here. right here. he's the guy that t-boned. the kid there. oh, my god. oh, my god. >> shepard: that was the end of the attack. after he hit the school bus, police say the man jumped out waving air guns and yelling "god is great" in akbar. a police officer shot the

suspect, injured himself critically. listen to the police radio of the chaotic moments as police started to respond to this. >> shepard: the president called the suspect an animal. he said he's going to start getting rid of the diversity visa lottery program. >> they say he came in through that program. we'll see. they say he came in. i don't want -- i want -- look, it's simple. what we're demanding is merit-based immigration. we want people that are going to help our country. we want people that are going to keep our country safe.

we don't want lotteries where the wrong people are in the lotteries. guess what? who are the suckers that get those people? we want a merit-based system. >> shepard: the homeland security department confirmed the suspect entered the u.s. through the visa lottery program. the president called it a chuck schumer beauty. george h.w. bush signed the law that created the program in 1990. immigrants called it the golden ticket. last year more than 11 million people applied for 50,000 slots. over time, fewer than 1% of applicants are accepted. all winners are heavily vetted. there's extensive background checks. in the year 2007, the government accountability offered improvements to the program but found no documented evidence that golden ticket immigrants posed any threat. the senate minority leader blasted the president for

politicizing this attack. >> i have always believed that immigration is good for america. i believe it today. the contrast between president bush's actions after 9/11 and president trump's actions this morning could not be starker. again, mr. president, president trump, where is your leadership? >> shepard: senator schumer said the real solution is anti-terror funding. president trump's budget, proposed budget, cuts anti-terror funding by 25%. we have team fox coverage. john roberts is at the white house waiting for the briefing to begin now. first to rick leventhal who is way out in front of the investigation last night and with us from lower manhattan. to you, rick. >> still an active crime scene here in lower manhattan at chambers street and west side highway. we saw an nypd flatbed tow truck show up here. as soon as they load up the

truck at the center of the attack and get it out of here, they'll reopen the west side highway. this after a lengthy investigation with a massive team of crime scene technicians, nypd detectives on scene collecting material, taking pictures, talking to witnesses and asking the public for photos or videos that might aid in the investigation. they're confident this lone attacker killed eight now in custody and that terror was his goal. what they have been trying to determine is why. they're trying to backtrack his trail and see who he's been in contact with, who he is talking to, who else might have had knowledge or helped or inspired him to carry out this attack. >> he appears to have followed from almost exactly to a tee the instructions that isis has put out in its social media channels before with instructions to their followers on how to carry out such an attack.

>> there are no barricades, as you know, along the west side highway at houston street where the suspect entered the back lanes and no barricades where he ended the carnage. that is likely to change. the suspect, we're told from a source of belleview hospital, has been moved to a prison ward within the hospital. >> shepard: hundreds of miles of bike paths that are right on our streets in new york city. no way to put up barricades there. last night, they had the halloween parade in greenwich village. i'll talk about that later. it was incredible. now this weekend, because new york's finest never sleep, the new york city marathon, 2.5 million people. how are they planning to deal with it? >> one of the biggest events in the year in new york city. 51,000 runners. 2.5 million people. spectators lining the route through all five boroughs of manhattan. security will be tighter than it's ever been in light of not just this attack but recent events in las vegas and other attacks around the world.

authorities say they're ready and they are beefing up. >> we've added more sand trucks, more blocker vehicles. i can't give you the exact number. i have it. it will be the most ever deployed at this event. we more than doubled our observation teams, rooftop observation posts and counter sniper teams from the emergency services unit and we've also added more heavy weapons teams. >> the nypd has to constantly adapt to the changing threat environment. unfortunately it gets more and more complicated. >> rick leventhal. thanks. now john roberts has more from the white house. >> good afternoon, shep, a lot to chew over with the press secretary when sarah sanders is likely to come out. one of the things that she will be asked about is the

president's druthers that he would send the person responsible for the attack down to the facility in guantanamo bay cuba where he can be interrogated without the presence of an attorney. this was suggested by lindsey graham of south carolina that believed that we could gain valuable information from talking to this person about what the connections were to terrorism, how this person became radicalized and without the benefit of having an attorney there. we can likely get more information than before. so the best of our knowledge, this would be the first time that anybody who committed a crime on u.s. soil would be sent down to guantanamo bay. you might remember jose padilla from brooklyn, the dirty bomber. he was declared an enemy combatant and sent to the brigg in south carolina but not transferred to guantanamo bay. he made it to the federal court system where he was sentenced to 17 years in prison. after senator graham raised that question, major garrett from cbs, who is seated just to my left here, asked the president

during a pool spray whether or not he supported that idea. let's listen here. >> mr. president, do you want the assailant from new york sent to gitmo? >> i would certainly consider that, yes. i would certainly consider that. i would certainly consider that, yes. >> i have no idea whether that is legally possible at this point, shep, because he does remain in custody in new york city. if the president had his druthers certainly that's what he would like to see happen, shep. >> shepard: and the political back and forth. senator schumer and the president. >> yeah. that was unusual. because you'll remember in the early hours and the first couple days after the horrific shooting in las vegas, the president was saying now is not the time to be talking about politics or policy. let's mourn the dead. the president jumped into it blaming chuck schumer. the fact that he got in the country on a diversity visa. true back in 1990, schumer was one of the supporters of

initiating the program but also true that as a member of the gang of eight in 2013 supporting immigration reform, he wanted to take that off the table. the president believes that he can make some political points on this toward his vision of immigration reform. so he's looking squarely at chuck schumer to say he's the reason why this person got in this country. loosely connecting i guess the very fact that he did it yesterday with the fact that schumer wanted to support this. the president also getting criticism not just from senator schumer but also from new york's major, bill de blasio and andrew cuomo, the governor of new york saying the president's tweets this morning likely were not factual. they're not helpful. at this stage of the game, nobody should be politicizing what happened in new york city yesterday. so as i said at the top a lot to chew over with the press secretary. >> shepard: thanks, john roberts. keeping a close watch there in the briefing room. we expect that to start at any moment. new reaction to the terror

attack. ahead, we'll talk to a terrorism analyst that specializes in cases like, this people in the united states and become radicalized apparently online. investigators say this suspect followed isis' playbook exactly, which raises the question why is terrorism manuals so easy to find? four hours this attack began, started at 3:00, at 7:00 the greenwich village halloween parade began. i've been there 15 years. it's always insane. rick and i were talking about it. will people come out? people can't get in to new jersey, the west side of town is so backed up. who will be there? there were a million people there in our streets, our tiny streets in hour community. a million of them. i was walking home late last night after work, late. every bar was full, every street was packed. police were in the streets.

barricades an sand trucks and people were shaking cops hands and saying thank you so much. thank you for being here. cops were saying thank you for being here. thanks for coming out and being a part of our community. thank you for doing what our leaders have said from washington down to new york, stay strong, do what you do. be new yorkers. don't change your way. that's what they want. don't stay at home when you plan to go out for halloween. so it wasn't a lot of young people. it was but normally just kids everywhere. adults but young people. just everywhere all over the village. last night there were a lot of families. saw a lot of older people, senior citizens. a lot of grandkids. a lot of pets dressed. by the time it was late, it was kind of a greenwich village mess, but this morning the street cleaners were out early and everything was cleaned up. kids were walking to school early on a brisk day.

probably the coldest morning so far. buses were loading. people were getting on to subway stations. sixth avenue was a mess but new york city was strong and solid and impressive. this city does not bend, not to anyone. here's sarah sanders. >> offering our thoughts and prayers today with the people of new york city. some of the toughest resilient people on earth in the wake of yesterday's cowardly terrorist attack. this attack underscores the threat is real as we defeat isis and affiliated groups abroad, we have to be vigilant in our country. inspiring such attacks through hateful propaganda has always been part of isis and other terrorist strategies, this underscores the need for the most careful vetting of who enters our country. there are hundreds of active law enforcement investigations into foreign nationals suspected engaging of terrorism. we must vet those seeking entry

into the united states thoroughly. last night hours after the attack, a million new yorkers including families with their children marched through the city for a halloween parade. their message was heard loud and clear. the american spirit will never be broken. those that hope we will succumb to fear will never get what they want and those that seek to divide us will only bring us closer together. in the midst of the attack, new york city's finest, our incredible police and first responders rushed to the aid of fellow citizens. they ran into danger so others could run to safety and performed like the heros they were performed to be. specifically officer ryan nash, a five-year veteran of the nypd was among the first to respond to the scene and fired the shot that stopped the attacker from continuing the violence. he's a hero. that doesn't come as a surprise to most of his colleagues. he's received two awards in his young career, one for excellent police duty and another for other police actions. yesterday he earned something

that could never be properly displayed by a ribbon or a medal. he earned the never-ending thanks of a grateful nation. the president has vowed to defend our country, protect our communities and put the safety of americans first. this is the oath he took as president and that is his sacred pledge to the citizens of our country. with that, i'll take your questions. sean. >> sarah, in the hours and days after the horrific shooting in las vegas, president repeatedly said now is not the time to talk about policy, now is not the time to talk about politics. that's for another time. right now we need to mourn the dead. yesterday this morning the president launched into a political argument with senator chuck schumer on twitter literally hours after this incident. why was he so quick to go the political route and point fingers at chuck schumer for the fact that this person was in the country at all? >> this wasn't about going the political route. it's something the president has been talking about a long time.

it's not a new policy or new position. this is not a new conversation. the president has been talking about extreme vetting and the need for that for the purpose of protecting the citizens of this country since he was a candidate, long before he was ever president. this isn't a new argument. this isn't a new position. this wasn't new for the president to speak about it. >> we heard today about 11:30 a.m. from the mayor and the governor of new york who said at that time the president had yet to call. has the president called his mayor, his governor? he's a new yorker. >> the president has spoken with the mayor and the governor of new york. >> sarah, why wasn't uzbekistan on the travel ban? >> as we outlined mull time times before, those were determinations made by several factors in large part. congress helped play a role in determining those factors in placing specific priorities on different countries and that was -- would be the reason they

weren't part of that. >> why aren't you calling for uzbekistan to be put on the list? >> that's something that we could look at but not called for at this time. we haven't ruled it out. >> why? >> again, there's a lot of different criteria that we use to determine which countries should be on there. they haven't been determined as one of the countries yet. i'm not saying that's been ruled out. jordan? >> on senator schumer, can you tell us when was the last time he and the president spoke and more broadly, the president saying that he is responsible at least in part for this attack. does the president still seem him -- >> before you go further, the president did not blame senator schumer and doesn't feel that the senator is responsible for the attack. we believe very strongly that the individual who carried out the attack is responsible and no one else. however, we do think that there are policies that could be put in place that help protect american citizens. we've been talking about them a long time.

we continue to push and advocate for those policies. >> the president still consider senator schumer as someone that he could work with? >> we would love to work with senator schumer to pass extreme vetting. if he would do that, we would welcome his support. john? >> the president was asked a little bit earlier when he met with his cabinet about the possibility of sending this terror suspect to the detention facility at guantanamo bay. he said he is open to that. does the president believe he has the authority as commander-in-chief to sent this terror suspect to gitmo? that's my first question. my second question is about gitmo, what advantages does the president see in sending this terror suspect to guantanamo bay, cuba? >> the point he made is that he supports or would support that. he wasn't advocating for it. he would support it. if he felt like that was the best move. >> are there advantages in terms of sending any terror suspect to

guantanamo bay? >> that's a question that we would have to dive in teacher and talk with an interagency process before answering that. >> the president said last night he ordered dhs to step up the extreme vetting. i'm wondering if you can tell us specifically about what extreme vetting entails and if there's any indication it might have had an impact on preventing yesterday's attack. >> sure. some of the specifics for extreme vetting would be enhancing the collection and review of biometric and bio graphical data, improving our intelligence streams, improve documentation requirements and verification, improving information sharing with partner nations and foreign law enforcement and intelligence services, an overall heightened scrutiny and thorough review procedures for cbp and other agencies that would play a role in that process. major? >> separate from the guantanamo bay question, does the president believe this subject should be

classified as an enemy combat t combatant? >> i would consider that, yes. >> would the president instruct the justice department not to charge him in federal court and to therefore use these powers of enemy combatants and that status to treat him different not only in terms of interrogation but prosecution? >> i don't believe that determination has been made. that's something that we will wait till we get further in the process. >> and as opposed to having him charged in federal court. >> i won't speak to that until -- >> you said you're open to the enemy combatant. >> in terms of how we process, yes. >> on what basis? >> the actions that he took justify that. >> sarah, i want to follow up on the question john was asking you earlier. you're making the case that these are not new policies we're talking about. yet the question still remains, he's delving into a policy and

political discussion. he and you were clear after the las vegas shooting it wasn't appropriate to talk about policy. so what is the difference now? >> i said it wasn't appropriate to politicize the conversation, which i don't believe we are. we're talking about protecting american lives. there are thing that this president has consistently and repeatedly talked about, advocated for, pushed for, supported legislation for time and time again since long before he was president of the united states that support this position. it's not a new position. there's facts that we know about this horrific tragedy that we know caused some of the things in this horrific tragedy that i think determine what those policy positions that he's been advocating for long before yesterday are very consistent with the activity that could have prevented something like this from happening. >> the president invoked chuck

schumer's name. how can you argument it's not a political -- >> senator schumer supported these opposing policies. that is a very basic fact. margaret? >> not unifying the country. >> he helped implement them -- the gang of eight would have addressed one part of that problem as we talked about before. he may have helped isolate one part of the problem but exacerbated so many other parts of the problem that fall within our immigration system. if you only address one part and not the totality of it and introduce fully and more responsible immigration reform like the president has proposed, like the president has outlined, then you're not addressing the problem or fixing the problem. you're only making things worse. margaret? >> what he's talking about, quicker, greater punishment, is he just talking about better

enforcement of laws that currently exist or are you talking about extra judicial process and are you looking at doing an executive order that would empower him, would he make something like that public or would you you considered a secret order? i want to ask you, is he serious about tying the obamacare subsidies to the taxing. that seems like -- >> very different questions. try to address the first part. he was voicing his frustration with a lengthy process that often comes with a case like this. so i think that was simply the point he was making. in terms of the mandate, we're focused on pushing through tax cuts and tax reforms separately. obviously we have never made it a secret we would like to repeal and replace obamacare. we would like to do that. we think it's more likely to do that in the spring.

>> the deputy police commissioner said the suspect made the attack in the name of isis. how can the president make the case that we're annihilating isis when an attack like this occurs? are his policies emboldening isis? >> not anyway. i don't think you can discredit the progress that has been made on isis with a total defeat taking place, taking away their strong holds in raqqa and mosul. when that happens, as the president even said today, you have people that splinter off, go other places. look, we're meeting them in each of those places as much as possible and we're going to continue to do that. another reason this president wants to institute extreme vetting to keep people out of our country that want to do us harm. >> the president said early ier-

what did he mean by stopping the process? >> we're going to continue pushing for and advocating for getting rid of this program. something he's talked about. we would like to see the lottery visa program not be part of any immigration system in this country. >> a follow up on margaret's question. you said the president is not considering broader criminal justice reform. >> as i said, we'll look at other ways to deal with it. right now he was addressing his frustration with the lengthy process. john? >> a follow up question on john decker's question. the criterium that you listed for enhanced vetting sounds like that for a national i.d. card, a subject that comes up every few years in congress. which has never been acted on. is the administration in favor of a national i.d. card as part of the enhanced vetting? >> look, we've laid out what our

principles and priorities are. we'll work with congress on making the best way to make those specific pieces of legislation. the things i outlined are what we would like to see. whatever form that comes in, yet to be determined. those are the principles we would like to see. >> you're not ruling out a nash name i.d. card. >> right. but i'm not saying we're fully in. we laid out the principles and the priorities that we would like to see and we think are important in extreme vetting program. blake? >> the president sent this tweet out last night saying that he called for a step up of extreme vetting. can you lay out what has been stepped up in that time frame? >> look, i'm think he's taken a call to action. he's spoken several times with members of his national security team to look and see what specific things can be done. we have put in place executive orders already since the

president has taken off that help go as far as we can at this point. >> on tax reform. do you mind? it's possible that one of the things that republicans are looking at right now is drastically lowering the cap for 401(k)s. the administration has said that the tax plan has to help the middle class. how would bringing down the cap on 401(k)s help the middle class? >> look, we're continuing to work with the house. i'm not going to negotiate. every day i've said this week. i'm going to let the economic time in the white housework with the members of the house and senate to put forth the best bill possible. we also are making sure that the priorities that we laid out including helping the middle class are part of the final piece of legislation. we support where we are in the process right now. we're going to continue working with the house and senate to make sure we get there. >> what does the president want the bill to be called? there's the report that he wants it to be called the cut, cut,

cut act. is that accurate? >> if it's called the cut cut bill, great. the biggest priority he has is making sure it does what he has laid out or his priorities in that piece of legislation. that is providing tax relief for middle class, making it more fair and simple. those are the things that he's mostly focused on. if it's called cut cut cut and has massive tax cuts, we'll be fine with that name. >> is the federal reserve chair going to be a man of a woman? >> i cannot echo that it's not major garrett. poor major. >> the president talked about wanting merit-based immigration and criticizing the diversity visa program. was he aware that it does have a merit base component to it in. >> there may be a component to it but the fact that we have a

lottery system that randomly decides who gets the greatest opportunity in the world -- one of the best things that we have in this country is the fact that everybody wants to be here. to give that away randomly, to have no vetting system, to determine who comes, why they're here and if they want to contribute to society is a problem. the president strongly supports making sure the people that come here want to be here for the right reasons and not bring harm. that's something that any american wouldn't want to support. >> they are ranked by their job -- >> he's point is they're randomly selected. this isn't -- it's the lowest level of criteria that any part of our immigration system has, through the lottery system. so to try to argue that this is a system that thoroughly vets people just shows a total lack of understanding for what the process is. >> since the gentleman game in,

thousands have come in. one of them apparently has been accused of a terrorist act. >> there may be more. all i know you can't randomly select people and not have them thoroughly vetted and not have the ability to know if they want to do good things or bad things when they get here. i don't think it's unreasonable to ask when people come to this country that they go through a vetting process, that they want to contribute to society and not harm the people of this country. jim? >> why did the president call the u.s. justice system a joke and a laughingstock during his comments? he said that the system of justice in this country -- >> he said the process has people calling us a joke and calling us a laughingstock. he's simply pointing out his frustration of how long that this process takes, how costly this process is.

and particularly for someone to be a known terrorist, the process should move faster. that's the frustration he has. >> getting back to george papadopoulos. does the president recall at that march 31, 2016 meeting of his national security advisory board mr. papadopoulos suggesting the meeting between then candidate trump and vladimir putin? did he recall that? >> no, i don't believe he does. april? >> two questions. as far as mary francis berry says if everyone wants. in but to stop people from coming because they come from different countries is totally wrong. who say you? >> nobody says because they come from a different country. that's the definition of immigration. they wouldn't be u.s. citizens. we haven't said that immigration as a whole should be outlawed. >> the lottery is specifically for those coming from other

nations that you are not favors right now because you believe there's a possibility of terrorism. >> i believe that we have a fundamental right to protect the people of this country. if we see or think that someone is a threat to the united states citizens that we should take every precaution that we can to protect the people of this country. i don't think most americans would disagree with that. in fact, most americans do support extreme vetting and certainly support the protection of the citizens of this country. >> last question. compromise. the issue of compromise. what is the definition of compromise as it relates to slavery and the civil war? >> i'm not going to relitigate the civil war like i told you yesterday. i've addressed the concerns that a lot of people had and the questions that you had. i'm not going to relitigate history here. >> so i'm going ask the question again.

>> you ask it in a way that you're apparently accusing -- >> i'm not accusing. i'm asking a question. the question is, does this administration believe, does the president believe slavery was wrong? before you answer, mary francis berry said in 1860 there was a compromise. the compromise was for southern states to keep slavely but the confederates filed on fort sumter to cause the civil war -- >> i think it's disgusting and absurd to suggest that anyone inside of this building would support slavery. peter? >> yesterday from that podium you said all of our leaders have laws. washington, jefferson, roosevelt and kennedy. what are his flaws? >> that he has to deal with you guys on a daily basis. >> in fairness, he doesn't deal with you. >> most every day he does.

>> what are his flaws? simple question. >> i just gave you one. tray? >> what is the future of guantanamo bay look under the trump administration? >> i don't have any announcements or changes or adjustments to policy. >> can you give us more of the tick tok of how the president found out about this terror attack in new york city, how he immediately responded, who he got on the phone with right away? just trying to get a better understanding of where he was at this time and what he was doing and what actions he took following the news. >> the president was in the oval office when this took place. he was first briefed by general kelly shortly after it happened. one last question. >> thank you, sarah. >> right here. >> thank you. will president trump look for enhancing anti-terror measures with other foreign countries during his visit to asia and will he be with the leaders of

argentina and belgium to express his condolence? >> he is working with the leaders to set that up. in terms of conversations around anti-terrori anti-terrorism, that will certainly be discussed throughout the trip the next several days. and as i said earlier this week, general mcmaster will be here tomorrow to discuss the trip in more detail and certainly in more depth for the briefing tomorrow. thanks so much. have a good day. we'll let you know later tonight what time that should be. most likely take place in the afternoon. thanks, guys. >> shepard: a lot to get to there. a couple things we'll be following up on. some politics. obviously some politics. the bigger news headline for now is the white house now considers this man according to sarah sanders an enemy combatant. this has been building throughout the day. senator graham of south carolina, senator mccain of arizona say they have gone to

the president -- graham says he's gone to the president about this. the suspect does not have a right to remain silent or legal counsel. senator graham said in moments like this, it's important to gather intelligence, not to convict him in a court of law. senator graham said he spoke to the president about this and urged him along the way. senator mccain said from orlando to san bernardino and manhattan, these are not attacks in isolation but recognize them for what they are. acts of war. going on as such, the new york terror suspect should be interrogated humanely. they asked the president about this earlier. would you be in favor of sending him to gitmo. let's hear that. >> mr. president, do you want the assailant sent to gitmo? >> i would certainly consider

that, yes. i would certainly consider that. send him to gitmo? i would consider that, yes. >> shepard: certainly an option that the president has. the system is in place for that. president obama never did away with the prison at guantanamo bay or any of those other things. critics would say that this violates rights. those that are proponents say look, you can gather more intelligence this way. let's remember facts involved. it's important to do that. khalid sheikh mohammed is in guantanamo bay. he's been there 15, 16 years. still doesn't face any charges. he's not been charged with anything. yet in federal court, these terror charges have a 99% conviction rate. so important to think about all of the things that go into this. let's got to john roberts at the white house. they just said we would consider him an enemy combatant. that was note worthy, john. >> it is. you'll remember jose padilla, the dirty bomber, considered an

enemy combatant as well. never sent to guantanamo bay. he was sent to the brigg in south carolina and made it into the civilian court system and know behind bars for 17 years. to declare him an enemy combatant would open the door to transfer him to a military prison at least for a time if not permanently. i don't know if the mechanism is there for him to go to guantanamo bay or not though. nobody who has ever been arrested on u.s. soil for committing a crime has gone to guantanamo bay. certainly sarah huckabee sanders said this is an idea that the president supports in principle. she said he's not actively advocating for it. senator lindsey graham as you pointed out raised that point earlier today. let's listen to what he said. >> he is acting as a soldier of the caliphate. we should treat him as a soldier of the caliphate. the idea that america is not part of the battlefield is insane. >> so lindsey graham is sugge

suggesting if you're from a foreign country and perpetrate and act of terrorism, you qualify as an enemy combatant. this person unlike padilla was not a u.s. citizen but had a green card could change things around. just to reiterate what sarah huckabee sanders said, he would support it. >> shepard: a lot to go before anything like that. john, you began this asking the question about the politicalization of this. >> i remember asking the president about the bump stocks that the las vegas shooter used. he said there's a lot of time to talk about policy. now is not the time to do. that was a couple days. hours after the attack, the president pointed fingers at

chuck schumer to say the reason this guy was in the country is because chuck schumer supported the diversity visas in 1990. so i asked sarah huckabee sanders earlier today why different now than back then. listen here. >> after the shooting in las vegas, the president said now is not the time to talk about policy important politics. right now we need to mourn the dead. yet this morning the president launched into a political argument with schumer on twitter literally hours after this incident yesterday. why was he so quick to go the political route and point fingers at chuck schumer for the fact that he was in this country at all? >> this wasn't about going to political route. this isn't a new policy or new position or conversation. the president has been talking about extreme vetting and the need for that for the purpose of

protecting the citizens of this country since he was a candidate, long before he was ever president. >> so the white house is insisting the president not politicalizing this. they don't think he was politicizing it. chuck schumer thinks he did. new york city mayor bill de blasio and andrew cuomo think he was as well. cuomo said that the comments about schumer were factual or true. he said he doesn't like somebody politicizing something like this. a lot to be said there's lots of policy debate that will go on as a result of what happened in new york city. maybe some of it surrounding whether he should go to guantanamo bay. some people saying it's too early. still mourning the dead. sending out condolences. let's talk about that first and then the politics of it. the president insisting because

this is a direct threat to the national security to homeland, it needs to be talked about now. shep? >> shepard: thanks, john roberts at the white house. good to talk to you. it would be interesting and fascinating if we weren't talking about the politics of this. since the president is and the white house spokesperson did and talked about labelling this man an enemy combatant, what would that mean? in other words, would who happen if he were treated as a criminal, a murderer in new york city, what would the process be and how would that carry itself out and who would happen if they designated him as an enemy combatant? we'll give you both sides from judge andrew napolitano. he's good at this stuff and he's up next. we just got a bullpen in out of the united kingdom. dateline london. the counterpart to our defense secretary jim mattis, michael fallon has just resigned after allegations of inappropriate

behavior. it is sweeping the nation. now the world. michael fallon, the u.k. defense secretary is out. resigned after allegations of inappropriate behavior. the news rolls on after this. if you're on medicare, remember,

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start getting the benefits of an aarp medicarecomplete plan. call unitedhealthcare or go online now. [sfx: mnemonic] >> shepard: we're at the beginning of this investigation to the deadly terror attack in new york city. investigators think they the man started supporting isis long after he moved from uzbekistan to the united states. let's bring that tara maller. she's a spokesperson and senior policy adviser for the counter extremism project that focuses on domestic radicalization. that is their focus. tara, having this program to keep -- people come in with green cards by the millions. but it's those that are radicalized here that are most difficult. where are we in figuring out what to do about this? >> you hit the nail on the head.

this individual came here but became radicalized since he was here. how did that happen? i haven't spoken to him. i can speculate that he came across material online -- >> shepard: that's what the authorities have saying. >> exactly. he might have had other issues going on in his life. may have had multifactors and drivers here. i can speculate as authorities have suggested already, that he was supposed to radical extremist content on facebook, twitter and google and youtube. we see this across a lot of cases and the radicalization process becoming shorter. the time of exposure to attack, it's more condensed. that's concerning. one of the reasons you had facebook and twitter and google on capitol hill, in addition to talking about russian interference, it's about extremism and violence on their platform. we want this content down and off. we don't want terrorist

organizations to exploit a space that they have had free reign. there's technology we've been pushing for to prevent this technology from being uploaded. hopefully you'll see the tides turning now there's eu pressure on them, congressional pressure on this and the public is starting to see this role this is playing. we've gained back a lot of territory from isis. we've done a great job on the military front. but they'll have a virtual caliphate to continue unless we stop it. >> shepard: we're in the middle of it. tara maller, thanks. if you're considered criminal, murderer, a mass murderer, what happens on that front. it's a debate. it's just been set off by if white house. judge andrew napolitano is in with expert opinion next.

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call to request your free decision guide now. because the time to think about tomorrow is today. >> shepard: the news this hour, the white house considers the suspect from the manhattan bike path terror attack an enemy combatant. andrew napolitano is here. what is an enemy combatant by law? >> a soldier, government or group as to which the congress of the united states has declared war. the last time the congress of the united states declared war was december 8, 1941 in response to the attacks on pearl harbor. >> there has to be a declaration of war. without that, there's nothing to stop the government from declaring anybody it wanted as an enemy combatant. senting them to guantanamo bay and stripping them of their constitutional rights. the portions of the constitution

that protect these to a fair trial, tools that a lawyer has addresses persons, not citizens, persons. this guy is not a citizen. he's a lawful resident of the united states. he's obviously a person. he has the same rights of all citizens except he can't vote or run for office. he has all the due process rights. >> enemy combatant would deny him miranda rights, deny him access to counsel. >> correct. deny him a jury trial. he would be in whatever the heck is going on in guantanamo bay, whether that three or four military trials in this same time period that in lower manhattan there's been 30 terrorist trials. almost all of which have resulted in conviction. so when the president calls that system a joke -- >> shepard: he did call that system a joke. >> it's very upsetting for those that believe that that system is the fairest and the most just on the planet. >> shepard: for clarity, the.

himself did not say enemy combatant. sarah sanders was asked and the president said he would consider sending him to guantanamo bay. you're on the record saying that is the wrong idea. >> you send him to guantanamo bay, you make him a hero or marter. even worse, you recognize some unconstitutional authority to strip people of their natural rights protected by the constitution.we don't do that in the united states of america. >> shepard: how do you try him? >> before a jury in lower manhattan in federal court where the trials are strong and stern and fair. he has all the protections of the constitution. >> shepard: and the federal conviction rate it's my understanding in the main overall is something about 99%. >> extremely high. you try him in state court, he's not supposed to get the death penalty. try him in the federal court, he's exposed to the death penalty. >> shepard: and that's the

decision, state or federal. >> within the next 72 hours. >> shepard: thank you. time flies on a busy news afternoon. great to have you with us. look up the pictures of the greenwich village parade. new york is strong. morning on the beach was so peaceful.

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four weeks without the car. okay, yep. good night. with accident forgiveness, your rates won't go up just because of an accident. switching to allstate is worth it. >> neil: a day after the attack, a nation on high alert in new york, chicago, boston, los angeles for the last game of the world series tonight. a nation preparing in every way it can for the un expeexpecunex. we're learning more about the suspect, his mosque and more. investigators going through his home in new jersey. was he plotting this for a long time? rick leventhal broke more news yesterday and earlier than any one i know. he still has more. rick? >> i'm told they're about done