to change this policy, i'd be willing to listen to them. he has a different position now. saying the president of the united states and defense secretary don't qualify. their opinion doesn't matter. senator mccain asking admiral mike mullen, they had a survey and they say there would be bumps in the road and they could do this. senator mccain said why don't you ask the simple question in the survey, do you want us to change the policy? >> why don't you ask the question s question? >> i think it's an incredibly bad precedent to vote on a policy. >> it's not voting, sir. it's asking their view. >> at the same hearing secretary gates essentially backed up admiral mullen. >> that's the way our civilian-led military has ever worked in our entire history. the should question needs to be decided by the congress or the courts as far as i'm concerned.