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At guantanamo bay, and also a professor of law. why not just try them there? >> well, there's several problems with the military commissions. they have improved them with the act of 2009, but you still have the possibility of the administration of coerced evidence. you still have the appearance of command influence, of its military judges, military jury, it's more secretive, far less open and transparent than a federal trial would be. >> why does the appearance matter? >> well, you know, we entered this war as part of a broad international coalition, and over time our partners have gradually m...

Throughout the region also become a casualty. thank you. >> mr. secretary, do you believe the investigation should go beyond the source or sources in the military to include those who received or used the information, wiki also leak wik? >> obviously in the middle of an investigation, and particularly one that is in the military justice system, there's very little that i can say. because of the potential for command influence. my basic position is that the investigation should go wherever it needs to go, and one of the reasons that i asked the director of the fbi to partner with us in this -- ...

Puckett, the attorney for mccabe, says the clear implication is that major general cleveland is under pressure to charge the accused in the wake of abu ghraib regardless of the merits of the case. now, this by no means proves there was undue command influence, but it's something that the attorney says if it happened, it needs to be considered by the court. jane: what other testimony do we expect here? >> reporter: well, today we're expected to hear from possibly congressman dan burton who, as you know, like the people behind me gathered outside the navy base gate is very much supportive of the...

He's claiming there was undue command influence from the top down to keep these charges against the three navy seals. now, for evidence he cites an exchange on "the o'reilly factor" on april 22nd, and we can listen to that first. here it is. >> cleeveland has the power to drop the cases, and he shouldn't -- >> i'm not sure that he does. >> he could do it. >> i've spoken to people close to him just today, and they think that he is really being scapegoated in this case, and he would like very much to do the right thing -- >> then do it. >> well, maybe it comes from the chairman of the joint chie...

S.e.a.l.s painted them into a corner and they said we will not go out, nice and quietly and take the administrative punishment and cop to something we didn't do. you want to prove us guilty, take to us a courts-martial and the government paints them into a corner, what do we do with the case and frankly i'm surprised at this point no one stepped in, secretary gates... uma: that is what surprises me, too, we haven't heard from high-level officials to intervene at this point knowing the facts as they are. >> and once of the defense tactics in the case has been to keep it in the made yeah aedia y...