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United states, will say you have to throw out everything this guy said in his trip across the atlantic because he has not been read his miranda warning. how do you answer that? >> you say that dog doesn't hunt, judge. interrogated on safety exceptions cited against quarrels the main case there. don't plan to use anything he said in court against him anyway. the judge will not jump right to dismissal. might give him extra question to ask the jury, might do nothing and say they are not using the statements against him, there is no issue so i will deny your motion. there is a slight risk but not ...

Bastardized, contorted, twisted, unamerican version of justice. they're going to give this guy the miranda warning. i'm not the aclu, but they and others will be on this case. they're going to give him a week after they've interrogated him on the ship. and they're proud to say, we're doing this on international waters. so there is no issue in terms of america and the constitution is on our side. this is bad for two reasons. you can't fight the war on terror in a courtroom. number one. number two, we're going to send a message to the world that we are the most weak-kneed people in the world, th...

Warnings, and we use that information to search for other terrorists, to develop information to build other cases. all of that is completely permissible. the only thing you can't do with statements obtained without a miranda warning is use it against this defendant. so anything he says can be used by law enforcement, can be used by our intelligence officials. it just can't be introduced in court against him until he gets his warning. >> you're a former federal prosecutor, why was a decision made to file this complain here in washington, d.c. district court in washington, presumably he'll be br...

The constitution requires an indictment. meaning in order to be tried in a federal system, the case has to be sifted through a garage jury which is 23 civilians sitting in secret, deciding whether or not in their opinion, it is more likely than not you are the person the government is after and you have done what the government said you did. it's not a conviction. >> and so it's more expedient, too. correct? talk about the miranda. >> in fairness to colonel kirby who didn't distance on the question whether he knew if he was mirandized. theoreticall theoretically, when someone is arrested they ...

And they're interrogating him for intelligence purposes, that mean whatever he tells them cannot be used in the prosecution against him, but it can be used for them to find his comrades. that would probably enable them to question him without give the miranda warning and without effecting the integrity of the prosecution. >> what do you say about the people who are angry he would get the same protections we get under the law? >> their problem is eye were the constitution. because the constitution protecting persons. it didn't just protect citizens. once he's in custody of the fbi, he was in cu...