terrorists around the world, but american citizens even those tied to al qaeda are a special case. >> those sorts of thresholds and criteria are all laid out in classified either executive orders or internal documents to the intelligence communities. >> reporter: blair made clear that the line is crossed when radical americans take actions against the u.s. >> and whether that american is involved in a group that is trying to attack us, whether that american is a threat to other americans, those are the factors involved. mr. chairman, we don't target people for free speech. we target them for taking action that threatens americans. >> reporter: and cnn legal analyst jeffrey toobin says that is the unpleasant reality. >> if the intelligence agencies believe that someone is on the ground in pakistan, in afghanistan, in yemen,