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Logistical issues involved. if you have a city saying no and a police department that's saying no and mayor that's saying no, that makes it difficult. >> so what exactly is going on here? we check in with fran koun send, who was president bush's homeland security adviser and also jeffrey toobin with me right now in new york. jeff you think it's a foregone conclusion and not happening in new york. >> it's over now. >> that was my read on what he said, too. >> this subject has gone from a fairly controversial but settled decision to a political and legal train wreck. there is no answer out there...

Shoe measure has walking away from it and other state and local officials are not going to want to be seen as embracesing the idea. it really is -- as jeff rin put it, it's a train wreck sdplac. t >> that's a technical legal term. >> that's right. >> it is part of a broader issue. you talked about the christmas day bombing that has all of these issues it's fair to say have been clouded by politics. let me specifically and you fran about the puck bat the reps have for chrnlging in a criminal court for reading him his miranda rights right away sfed of turning him over to military can you tell or...