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Necessary flexibility, a system that can deal with a situation that agents now confront. so we're going to work can -- with congress to come up something that gives the necessary clarity, is flexible, but it's also constitutional. bill: kelly simpson is senior legal know at heritage foundation. kelly, welcome back here. >> hey bill. bill: why the push for the change? is it because, a, you find out that christmas day body bomber knows more than we thought in the beginning and b, the suspected terrorist from times square is singing like a bird, apparently? i don't know what's happening behind cl...

Need to start from. bill: but my point would be they are learning things that they did not think before. and that's what forces them to change their minds. >> yeah, well, it's interesting, bill, the left, the middle and the right have all been advising the obama administration informally and in written products and in public events that starting from a law enforcement model only is inappropriate, that enemy combatant is an enemy combatant, that you can detain an american citizen as an enemy combatant and miranda is simply a distraction, bill. miranda is used when you have somebody in custody s...

Pointing a finger of blame at pakistan, saying that the suspected bomber from times square a week ago is tied to the taliban in pakistan, they are getting ready for the potential next attack, or hopefully a failed attack. when you get that guy in custody and try and get as much information from him as you can possibly. >> when the next guy exercises his right to remain silent because you mistakenly have given a miranda arning, then what? the problem here, bill, is that they are starting from a criminal model only. the law of war applies. the president himself said during the inaugural address ...