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For this hearing and i am concerned that the administration is making the same mistakes that were made before 9/11 when the cia missed vital information on ksm, the mastermind of the attacks and decided to forego a capture operation of osama bin laden. the commission cited the administration's focus on using the article iii court process as factors in both instances. you and i also discussed the committee's report on the cia's detention and interrogation program which was approved in december by a slim majority. you told me that you had completed your review of the report's executive summary a...

Of americans. we're talking about making decisions based on secret intelligence. and we see in this memo that some of the definitions are a bit more elastic and open to interpretation than the administration has publicly let on. >> mike, on the three part, so it has to be eminent risk. and you just described the broader concept of eminence, which is the phrase in there. >> yes. >> and that there can't be a capture that we're killing somebody because they can't be captured. there is also an elaboration on that which it seems to me seems to be quite a wide definition. i'm fascinated by the fact ...

And you just described the broader concept of eminence, which is the phrase in there. >> yes. >> and that there can't be a capture that we're killing somebody because they can't be captured. there is also an elaboration on that which it seems to me seems to be quite a wide definition. i'm fascinated by the fact that we don't really capture terrorist suspects in yemen and somali and pakistan and these other places where we know drones, american drone strikes have killed people. people get killed there. they don't get captured. the definition for why a capture is impractical always seems to be v...

Actually they refer to what they call a broader concept of eminence than direct active intelligence of a plot against the u.s. in fact, it explicitly states that eminence does not mean that the united states has to have clear evidence that a specific attack on u.s. persons or interests is under way. if the u.s. believes that this the target has in the past been involved in such violent activities, and the target has not renounced such activities, it can be assumed that they are an eminent threat now, and that that would justify an attack. now, again, remember, we're talking about targeted kill...

There is always language in there that suggests that if the host government where the target is located is not on board with a capture operation, that could be a reason to conduct a targeted killing as well. i mean, the problem when you go through this memo and by the way, we're posting it all on nbc news.com tonight, and people can read it for themselves, is that there is a lot of language in there that is as i said before, somewhat elastic, somewhat open to interpretation and can be defined in very different ways by different administrations in the future, by the way. >> michael isikoff. mik...