BRIAN KILMEADE (CO-HOST): Can you tell me if you would read him his Miranda rights and put him through our court system or put him into the brig and question him for a great period of time? 

JAMES MITCHELL: I think that he is swore an oath of allegiance to the United States when he became a U.S. citizen, if he was. If he's on a green card, this really doesn't apply. But I think he's an illegal, an unlawful enemy combatant. He should be treated like an unlawful enemy combatant and see a military commission if they can ever get that straightened out and then punished for that. 

KILMEADE: I 100 percent agree.

Previously:

Fox & Friends is furious that suspected NYC attacker is going through the criminal justice system: “We're in a war”

Fox's Kilmeade suggests constitutional rights should not apply to all American citizens

After Manchester attack, Fox hosts architect of post-9/11 torture program who attacks civil rights