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To do that. one of the great things in america we come together at times of trial. i very much regret the fact that there are those that want to precipitate debate whether he's enemy combatant or whether he is a terrorist, murder, et cetera. federal law, we have had 435 terrorist convictions. under federal law. we had 100-plus arrests. maybe half a dozen under the military commission. this is clear to me that the course that can be taken, the high value interrogation group. they are skilled and they know how to do this. the miranda right can be read at a later time. he has reportedly been shot...

Life, which he really wanted, i believe, a little bit easier for the hr team. >> martha: it appeared he did want to live. did he not want to go out by way of suicide, apparently. now what about now? he's in the hospital. we know that the high value interrogation group known as hig will be involved in this investigation. how does this work? you've got a patient in the hospital. the f.b.i. says he's in serious condition. how much access would they have to him? how much ability would they have to get at him and try to get him to answer some questions to the best of his ability? >> i think probabl...

Years ago for just these type of contingencies. it's called the high value detainee interrogation group and it consists of federal officials, fbi, cia, dod, people who are experts in the language, the culture, the sort of cases they're investigating. so it won't just be folks from the local fbi office, it's a special team that's set up for these. >> already some calls specifically from senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama admi...

It's not even 48 hours. it's really as long as it takes. we don't know if the defendant is conscious. we don't know if he's speaking at this point. we don't know if the f.b.i., c.i.a. and the department of defense has had the opportunity to interrogate him yet. but there is such an exception under federal law. >> martha: that's another big question that i have. i talked to dr. siegle about this. >> i saw that. >> martha: so if he's conscious, does this high value interrogation group have the right to overrule the hospital or to say, we need to get in there, we need to talk to him now. this is ...

Right to lawyer, if one can't afford one, one will be presented for you, anything you say can be used in court, the usual miranda warning and that's normally given whenever anyone is arrested and if the government doesn't do that, if the police don't give that you warning, then anything you say cannot be used in court. but there is an exception. the law says basically if it's more important to protect public safety to get information about whether there are continuing threats, then you can question someone without the miranda warning and you can still use the evidence in court. this has been t...