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Senate on, you know, the -- what happened with farouk, the christmas day bomber and that clearly republicans knew that this guy was an fbi custody, he was going to be mirandized, even though he did not specifically outline that for us. >> did he call you that day? >> i talked to him on christmas night. >> did he tell you the fbi arrested snim. >> he said this guy was in custody, he talked a little bit about the attack on christmas day. and that this guy was being questioned. and that was about it. he did not -- >> if he tells you the fbi has him in custody, can't you just assume he's been mira...

Much evidence against the 23-year-old. >> if a prosecutor can't make a case against a guy who comes in with his underpants full of chemicals that he tries to set off, burns himself, and with 200 witnesses, you ought not to be in the business of prosecuting. >> at the heart of this discussion is the future of a little-known group headquartered at the fbi called the h.i.g. or high value interrogation group. senator bond says it should be used in the future for domestic cases. >> as far as we could tell, they were going to set up a high value interrogation unit overseas. but not in the united sta...

Kind of variability even under fbi control is something that this administration was saying the high value interrogation group would have the discretion to do. >> congresswoman harman, hold your thought, because i have to take a break, but quickly when he said that the fbi has him in custody, did you ask him specifically about whether or not he had been mirandized? >> oh, you are talking to me. >> yes, on the phone call when john brennan said he was in custody, and you mar fa reek abd abdulmutall abdulmutallab, did you ask him? >> no. >> was that a mistake? >> well, there were a lot of questio...

Senate on what happened with farouk, the christmas day bomber and that clearly republicans knew that this guy was an fbi custody and he would be mirandized even though he did not specifically outline that. >> did he call you that day? >> i talked to him on christmas night. >> did he tell you that the fbi arrested him? >> le said that the guy was in custody and talked about the attack on christmas day, and that this guy was being questioned. and that was about it. he did not have -- >> well, let me press you on that congressman, hoekstra, because if he says that the fbi has him in custody, can ...

Congress. i spoke to senators mcconnell and i spoke to representatives and i explained he was in f.b.i. custody. that mr. abdulmutallab was, in fact, talking. he was cooperating at that point. they knew that in f.b.i. custody means there's a process, then, you follow as far as mirandizing and presenting him in front of the magistrate. none of those individuals raised concerns with me at that point. >> our next guest, though, says national security advisor john brennan is wrong. former white house chief speechwriter joins us now. he's the author of "courting disaster." mark, is he wrong because...