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Can interrogate him or not. if we treat him as a criminal and he says he wants his lawyer, we are going to have a hard time getting anything from him. on the other hand, if he is treated as an enemy combatant we can continue to talk to him. >> sandra: should he be treated as an enemy combatant? >> i believe he should. that's a big debate among lawyers and civil rights activists but we're at war and when we're at war, we should treat the enemy as enemy combatants, not as criminals. this could have been an enormous tragedy and we're very lucky it was not. >> sandra: when you say that as someone ...

U.s. criminal justice system. >> martha: do you think gitmo should be reopened? >> absolutely. enemy combatants and this is what it is there for. >> martha: thank you. great to see you both. >> thank you. >> martha: senator elizabeth warren faced criticism for suggesting she is native american without proof. now a prominent university is facing questions about the effort to diversify and allow people to check the people of color box even if they actually are not. the story next. ♪ ♪ohhhhhh, ou! guess what i just got? uh! ♪i used to be spellbound hello again. ♪i used to be spellbound hi...

Almost immediately. another one of those things where it was the professionals that know how to do this, counterterrorism and law enforcement and then a president who is not taking advice and saying things flippantly that actually have consequences for those prosecutions. >> looks like somebody got to him overnight, because he did right this morning. steve, lindsay graham, the senator from south carolina, he argued for this. this is not just the president asking for this. lindsay graham asked for this for sometime. his reasoning is you want to look at them with enemy combatants, and lindsay gr...

This administration will use all lawful tools at our disposal, including prosecution and article 3 courts or at guantanamo bay. if anyone has any doubt about it, they can ask the more than 500 criminals whom the department of justice has convicted of terrorism-related offenses since 9/11 and ask the dozens of enemy combatants at guantanamo. >> so at this point this is an academic argument, josh, because this terrorist will not be charged as an enemy combatant and not going to guantanamo bay, but the attorney general seemed to conflate two things there. he still said he wanted to keep guantanam...

Individual to guantanamo bay. it's clear there would be some constitutional questions, some legal questions, because to our knowledge, no person on american soil has ever been sent to guantanamo. it's just been people from other countries. enemy combatants who don't get their miranda rights read. apparently the president has sort of changed his mind. the question, of course, whether he is tainting the jury pool by expressing his outrage is something we'll have to hear in the weeks and months ahead. john, back to you. >> joe johns at the white house thanks so much. we are getting new details ...