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Longer speak. >> i ask the president can you kill an american on american soil? it should have been an easy answer. it's an easy question. it should have been a resounding and unequivocal no. the president's response he hasn't killed anyone yet. >> bret: senator rand paul on the senate floor, almost exactly seven hours ago. he has been helped along the way with question and answer sessions. back and forth with a number of members including one democrat. >> the congress and the public need to know what the rules for targeted killings are. so that they can make sure as senator ball touched on in...

>> a bipartisan filibuster. old-fashioned style. steve hayes for "weekly standard." a.b. stoddard, associate editor of the hill. syndicated columnist charles krauthammer. okay, steve. what do you think? >> what an interesting day. rand paul going back to his objections from the beginning and the extraordinary exchange with eric holder in front of the judiciary committee this morning. as a practical matter, political matter there is no question if the president needed to use a drone to -- in the middle of a terrorist attack, just as in the bush administration shoot down order was given for one ...

I can understand how the administration wants not to exclude this extreme example. what is ridiculous here is we know it isn't going to happen. we have consensus between democrats and republicans. obama and bush in practice. why don't we sit down and establish a code of conduct that would get 90% approval in the congress and in the country instead of playing gotcha and come up with extreme examples? >> bret: i think if judge andrew napolitano were here he would argue that the constitution -- he would probably argue that an american citizen still would have the rights to trial. >> bret: in a ci...

But he won't cat goricly rule it out. >> bret: cruz, paul, mike lee and the senators who have been talking in the filibuster acknowledge the imminent threat of use of drone. terrorist in the act of something. the hypothetical is the guy at the cafe drinking the drink, not attacking someone, can they take him out on u.s. soil, as an american citizen? that is the question. >> there is less here of a division than you think. they agree if there is an imminent attack and a plane headed to washington, on 9/11 you could give an order to shoot down a plane. a lot of them, including innocent americans...