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independently. al awalaki was a top member of al qaedaing and personally declared war on the u.s. a missile from the u.s. drone hit his car in yemen. president obama makes no apology and calls his death a major blow to al qaeda. >> he directed the failed attempt to blow up an airplane on christmas day. in 200 he directed the failed attempt to blow up cargo planes. and he repeatedly called on individuals in the united states and around the globe to kill innocent men, women and children to advance a murderous agenda. >> in an interview with cnn's erin burnett today, leon panetta defend...

Capability. .risks certainly in my view is if you lose a predator, it can be shot down, there might be some technology exploitation. i think that's not a big deal nor should it work into the calculation to use them. however, again it it sends a signal to the rebels that we're with you and we're still on your side. i find it a little bit cynical that we're still trying to do this exclusively from the air. there should be as i've said boots on the ground. they don't have to be u.s. boots, but there should be some form of a presence supporting them if in fact we're serious. >> let me ask you one ...

For example so they know how to get away and the attacks won't take place. we can at least mitigate the degree of killing even if we can't forestall it completely. >> one final question before i let you go and it's a tough one. if the u.s. were to find out where gadhafi were hiding out right now, would it be appropriate to kill him, to drop a hell fire missile from a drone let's say and kill him once and for all? >> that is a pretty tough question. boy. you know, i'm really tempted to say yes. i am a little bit nervous that if you had unilateral action by the u.s., that that would res na reson...

This legislation for some time. when i saw the published reports about the killer capture recommendation from the government, i thought now is the time to move. i suspect it will be much easier to launch a hell fire missile against a non-citizen. >> reporter: he says if al awlaki is captured live they can hold him by the military which they can't do if he's an american citizen. megyn: who has the legal authority to do this. >> reporter: the statement department has the legal authority. pj crowley was neutral on the issue. he said it was clear that the american cleric had a an alliance with al ...

Citizenship by taking up arms against the united states. he is a dual citizen. he is a citizen of both yemen and the united states. you've mentioned the capture or kill order, and i suspect it would be ease your to launch a hell fire missile against a noncitizen. jane: is the point of this, i guess, as we go forward if he were potentially to be not killed but captures, he comes back to this country we can treat him differently in the system. >> well, if the he were not a citizen, he could be treated like any other enemy combatant that we're currently holding at guantanamo bay, so that would be...