Story highlights Trump has used the Halloween attack to push his agenda of tightening immigration laws and toughening anti-terror policies

Presidents typically don't comment on pending criminal cases

Washington (CNN) President Donald Trump is calling for the death penalty against the man charged with mowing down pedestrians and bikers in New York City, raising the question of whether his rhetoric could imperil prosecutors' efforts in the case.

Trump has used the Halloween attack to push his agenda of tightening immigration laws and toughening anti-terror policies.

"NYC terrorist was happy as he asked to hang ISIS flag in his hospital room," Trump tweeted late Wednesday night. "He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!"

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

He then resumed his call on Twitter Thursday morning.

"Would love to send the NYC terrorist to Guantanamo but statistically that process takes much longer than going through the Federal system. There is also something appropriate about keeping him in the home of the horrible crime he committed. Should move fast. DEATH PENALTY!"

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