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Feeling on that. will so much evidence be squashed they will not be able to get the trial the families want and sheikh mohammed claiming he cannot get a fair trial? >>guest: not against these five. almost all the evidence is before they got to gitmo, battlefield evidence, admission they made and miranda does not apply, you do not need to give miranda on the battlefield. there is more than enough evidence. the trials are more than they are entitled to but they get the trial, and the evidence is going to get in and we will have a jury of military experts and they are more able, i believe, to sor...

Terrorists are executed, and not here to provide us with any answers, is we lost something? >>guest: we have gotten all we can out of these and, quite frankly, most of the intelligence we are getting is from the preobama days, and it is hard to carry out the type of interrogation that is meaning will. most of the intelligence we got from the characters what before the obama administration. and that intelligence is still helping us as we saw last year, when they got bin laden because that evidence, the genesis of it, started with the intelligences in gitmo. >> this week we had a suspected bomb ...

America. that is different but do not set up a nice little place for them to stay while we are waiting to decide on what to do with them. >>dave: particularly an administration that wanted to shut down gitmo bay and now we make their stay comfortable. congressman, we appreciate you being with us this morning. coming up, more outrage surrounding president obama's berth z birth control action expressing why catholics are so upset. and another green energy gamble is a losing bet. ok, guys-- what's next ?

Gitmo bay, and among them, a high risk detainee wanted for the murder of thousands of afghan shiite muslims when he was a taliban commander and those being considered as part of the reconciliation deal are among the first prisoners brought to gitmo bay after 9/11, and retired general jack keane is in kabul and spoke about the deal. >> white house is pushing for reconciliation as a way to determinate our involvement in afghanistan more rapidly. >> there are already complaints from capitol hill because he was captured near the prison where right broke out in november of 2001 and c.i.a. operative...

Suspected terrorists whom the feds saymented -- plotted attacks of 9/11. military prosecutors have filed new charges against five men including the accused ring leader, so the men will likely face trial before a u.s. military commission at gitmo bay. as you may recall the white house wanted to hold the case in civilian court in new york city but those plans fell through after congress enacted new restrictions on where they can be tried. and now, catherine is live in washington, dc. this is the second time they have been charged. >>reporter: that is right. this e-mail obtained by fox sent to fa...