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When president obama weighed in on the cambridge professor arrest there, and they said it's hard to weigh in when it's a fair and impartial jury. when you look at the term enemy combatant. we go to 1812, we go to the war between mexico and the united states in 1846, and then you go basically to 1941, the attack on pearl harbor. there's a definite distinction between a state actor that attacks us and a person. again, the global war on terror, there's a nebulous view on how we treat these folks. are they enemy combatants? you can argue that. but they don't adhere to a state but allege ideology.

Who are not citizens and who are enemy combatants and i'd open the question as to how we treat citizens who have aligned with a foreign power to attack this country as to whether we give them the same constitution rights as an ordinary system and i would say we should not. >> nfl season, i have to throw a penalty flag. whether you're a republican or democrat, constitution -- i'm not a constitutional lawyer. i want to see a terrorist in jail and the key is thrown away. let's do a side by side. hundreds and hundreds of prosecutions post- 9/11 in federal courts of prisons, high degree of convicti...

Government has the right to detain enemy combatants but they have the right to challenge the status. last year, the chief defense counsel for military commission said the due process rights are often abused. >> promised them the meeting rooms aren't involved. they have been. >> republicans, including vent center jeff sessions, complained loudly about trying suspects in federal court. today he touted the record of 500 terrorist convictions in federal courts. >> bret: thank you. the fate of army sergeant bowe bergdahl is in the hands of a judge. army colonel jeffrey nance is reviewing the eviden...

>> enemy combatant lindsey graham wants the president labeled as such. what's the significance of that? should it or should it not happen? >> that's what we did after 9/11. we labeled people enemy combatants rather than prisoners of war because we did not want the geneva laws to apply. i was a chief commissioner for the military process, so i'm familiar with it, but what was an opportunity has become an opportunity lost. we have 400 prisoners still at guantanamo bay. the latest conviction was of a marine general who was in charge of the defense military commission's defense organization for co...

Talking about gitmo is useless on this case. i would, enemy combatants on the battlefield. take them to gitmo. it's a perfectly reasonable place to put them. >> jesse: juan, do you have any problem with the way the president comported himself. >> juan: he said the justice system is a laughingstock, a joke to the world. i think our justice system is the envy of the world. listening to greg, i think like dana said, greg is right. it's like one of us is in the white house and somebody says there's a threat to the herd and we say, to the shepherd, go get him. we don't like that mean old wolf. in t...