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The united states and try them. how else are you going to do it? >> take them gitmo. we're spending $120 million upgrading it. >> bob: is that going to intelligence out of gitmo on a prosecution about this? >> don't you think that is why they aren't picking them up? because he says he wants to close gitmo. he tries them this in civilian court. he flip-flopped on that issue. they could argue we war. them because they will lead us to other intelligence sources. i am not buying it. what really is b.s., the "new york times" identified the culprits sitting at cafe drinking down to the detail, mango...

But he won't cat goricly rule it out. >> bret: cruz, paul, mike lee and the senators who have been talking in the filibuster acknowledge the imminent threat of use of drone. terrorist in the act of something. the hypothetical is the guy at the cafe drinking the drink, not attacking someone, can they take him out on u.s. soil, as an american citizen? that is the question. >> there is less here of a division than you think. they agree if there is an imminent attack and a plane headed to washington, on 9/11 you could give an order to shoot down a plane. a lot of them, including innocent americans...