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Him. >> you are allowing the taliban and al-qaeda and the people that hate you and me and what we stand for and the people that we love in this country, there has to be and i think and i respect you and i love what you say all the time. there has to be some respect for the constitution and i know you fight every day for the constitution. >> peter -- >> judge jeanine: the issue is that the federal court convictions are many in the years since 9/11 and in the military tribunal very few and they have been subject to a lot of reversals. so michael is sullivan let me go to you. which way do we go. ...

He came back from russia they did it a second time. at some point somebody has to say a, we don't see anything but a but we will close the case down because we term that he is not the a threat to national security. somebody makes the call. >> judge jeanine: terry, let me go back to you. this buy it goes to russia for -- this guy goes to russia for six months last year which signals there probably is a problem. he has all of the radical videos, jihaddist videos that he is posting. does any one follow up on this? you don't need a search warrant. by the way. this is public information. just follo...

Information at all. we are making a lot of assumptions about his affiliation and his brother's affiliation and others. we he don't know. he may know very little. we have to find out if there are other conspirators out there. what we want a actionable stuff. what we want is cooperation. we just don't want him to give us bad information because we know that this stuff can send us down bad alleys. >> judge jeanine: do you think talking nice to this guy, he was blowing people's legs off five days guy. >> they will go in and not just talk nice to him but try to be reasonable. the thing that they wi...

>> that could have kept him in the database. we have executive order 12333 intelligence oversight which governs collection on u.s. persons. he would have been a u.s. person. >> he wasn't naturalized. >> geraldo: he never got citizenship, tim. >> but still a legal resident alien gets the same protection. the point there is after a certain period of time if it there is little to no evidence of the decision whether to keep him in the database. >> geraldo: here is my thing and this is why i believe, ladies and gentlemen, this are many, many questions unanswered. if the russians feel strongly enoug...

About this and be able to see what exactly happened. the best place we will get those kinds of answers is right in the middle of the courtroom. >> judge jeanine: the only people who need this information is people who can act on it. the most important thing is protecting americans. do you actually this? don't you look for the usual suspects if you is a bombing in boston a guy who lives in boston, another government told us about him? you know, bob mueller has to be shaking in his boots right now at the fbi. >> i don't think the director is looking forward to appearing before congress and askin...