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Everybody knows, or they should know, that but for the kind of journalism that will be chilled by this indictment, we wouldn't know nearly as much as we do about the bush administration's interrogation abuses, we wouldn't know about the obama administration's drone program, we wouldn't know about warrantless wiretapping. there's tons of stuff we wouldn't know about government conduct and government policy that the public has a right to know. and this indictment is, i think,ment to send a message to the very journalists who do that kind of reporting. >> maybe a dumb and tactical legal question,...

Know nearly as much as we do about the bush administration's interrogation abuses, we wouldn't know about the obama administration's drone program, we wouldn't know about warrantless wiretapping. there's tons of stuff we wouldn't know about government conduct and government policy that the public has a right to know. and this indictment is, i think,ment to send a message to the very journalists who do that kind of reporting. >> maybe a dumb and tactical legal question, but i'll ask it anyway. do you have to wait for the trial and some verdict to then appeal it on the grounds of the first amend...

Doing just that? >> reporter: one of the problems it is a large group. when it arrives in another country, a foreign country it has a pretty large footprint. that is in itself is a problem according to congressman rogers. and technically the group wasn't stood up until august of this year but last year's christmas bomber, the underwear bomber, is a good example how congressman rogers says the intel community is having to mirandize suspects and in the process lose valuable potentially actionable information giving the suspect a right to remain silent and a taxpayer-funded lawyer. rogers says th...

The shots here is the president, not the attorney general. >> before you go any other observations you'd like to share? >> i think that we got to ask a lot of questions about how this is being investigated, whether that high value interrogation group that was supposed to have been formed has already been formed. it's interesting the priorities, they're already investigating c.i.a. agents for alleged interrogation abuses. that's already under way. but it will be interesting to know whether the high value interrogation group that's supposed to question suspects is in place yet. wasn't in place l...

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