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Executive order at anytime. but this is not an assassination because it's conducted as part of an operation, a military combat, and as a matter of u.s. law, the authorization for the use of military force, enacted after 9/11, which gives the president the authority to use force that he deems reasonable to go against those that were behind 9/11, clearly applies to bin laden. so there's no question about its lawfulness under u.s. law. under international law, bin laden is an enemy combatant. and one of the points of war is you can kill enemy combatants. now, if they surrendered and cease being a...

Scholar. eliot, you've been a heavyweight in the law as well. i'm not going to argue that. but a president would normally do that, yes. but the president would also ask -- a moral question, is it right, in effect. i think the answer comes to the same place. this is the man who declared war on the united states. he was a combatant. he said that he would never be taken alive. he gave indications he would have explosions on him. in the middle of the night, it seems to be morally justified, rooted in some sense of natural law, that you could take him out. i think it would be a pretty open and shut...

There's absolutely no way i would take any bet, any odds, the intelligence service in pakistan knew they was there. they had to, they're part of it, game over, this is not even a dispute. it's just incredible. >> this area, i'll tell you this also, eliot, the military people aren't here confined to this area. there's a lot of movement all throughout this area so that's why i think a lot of people were saying that. there's a golf course not far from here. so the truth is you got a lot of people moving around here. that's one of the reasons people keep looking at it. just the geography alone in ...

That town. we didn't specifically see cluster bombs, but it is a town that's absolutely been smashed by a lot of heavy weapons. eli eliot? >> fred, this sounds like the horrific issue of land mines that have been placed all over the world in other conflicts that sit there unexploded and cause devastation to kids and families when they're triggered. in cambodia there was a problem with that. does the gadhafi regime acknowledge it's been using cluster bombs? >> reporter: by no means. i was talking to the spok spokesperson for the gadhafi regime and i put the question, is this true? he said absol...