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As much intelligence as you possibly can to see what cells he is connected to, are they here or abroad and then ones that is done prosecute him for the terrorist act in an article three court. he would be facing the death penalty under the circumstances. >> and third -- >> we have to give some thought to this notion. why wasn't the navy seals then involved? why wasn't the green berets involved in the takedown? why wasn't the battalion -- you you are confusing. >> no, i'm not. >> with the investigation. >> i'm talking about. >> judge jeanine: the issue, gentlemen, without getting. >> peter. >> ...

Need any statement he makes to allow us to convict him. i don't think there is any question. you have him on video and admitting he is the bomber to the guy he ends up carjacking. you have people who saw him put the backpack down. if he is an enemy combatant and tried in a mill tare arery tribunal isn't it true that those convictions are questionable in terms of not having gone to the united states supreme court? >> welsh the united states supreme court, first of all, has said and i got a lot of respect for peter but i disagree with the point. the supreme court said that u.s. you citizens when...

Unconstitutional and i don't believe we he have a true basis to do this. i say interrogate the heck out of this guy -- >> i disagree. >> -- as long as it takes but let's have a trial. >> jay is absolutely, correct. he can be he designated an enemy combatant and get as much entell against as we can from him. >> it is up to the president. the president is not going to do it. let's deal with the cards we have. >> that doesn't mean he should don't it. he should do it. >> judge jeanine: based upon the way the u.s. attorney has spoken we are going in under the public safety exception and charge him ...

Two off duty officers showed up within a men or two and we were in a serious gunfight in a backstreet in watertown and 2 or 300 rounds went off and three bombs went off in a ten minute period. >> reporter: as the battle raged 3-year-old transit officer richard donahue was gravely wounded. >> tell me about that battle and the arm ament that they had? >> handguns and long arm and they threw five bombs. three went off, two didn't. one of the bombs my understanding is, is a similar if not exactly like the bomb that went off at the boston marathon. >> this guy lit something and it was much bigger. ...

Need any statement he makes to allow us to convict him. i don't think there is any question. you have him on video and admitting he is the bomber to the guy he ends up carjacking. you have people who saw him put the backpack down. if he is an enemy combatant and tried in a mill tare arery tribunal isn't it true that those convictions are questionable in terms of not having gone to the united states supreme court? >> welsh the united states supreme court, first of all, has said and i got a lot of respect for peter but i disagree with the point. the supreme court said that u.s. you citizens when...