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rudy giuliani was of course the mayor of new york on 9/11 and became a symbol after the al qaeda attacks but does not necessarily believe new york is the place to try these terror suspects. mayor rudy giuliani is joining us on the phone. what's your reaction, mayor, to bring abu ghaith to new york? >> i'm very surprised by it after the prior decision and all the controversy, all the issues about how much money it would cost new york to provide the additional security but i'm mostly concerned because al qaeda would be that you tried it as a war crime rather than a civilian crime because after all, they declared war on the united states back in 1998, 1999. we tried the first attack on the world trade center in 1993. we just had the 20th anniversary of it. they were tried in civil court. the african bombers were tried

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