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>> reporter: i find that troubling as well. the constitution applies not only to citizens but the persons. gregg: i find it troubling that holder thinks we need to change miranda when in fact the law already enables him to hold people, even citizens as enemy combatants. >> reporter: i have a problem with the executive branch, the president being able to single single-handedly decide who an enemy combatant is. there were five different decisions by the supreme court, i don't think it's been decided for all time whether or not an executive could do that. gregg: padilla was held for three and a h...

>> reporter: yes, an assistant professor has been taken into custody in this case and is facing murder charges this morning in the death of those three faculty members at the university of alabama here in huntsville. also three employees were wounded in this shooting spree. harvard-educated amy bishop was arrested shortly after the shooting spree just outside the building behind me. the shelby sciences building here on campus. that shooting is taking place about 4:00 local time yesterday afternoon. now, the dead in this case include the death of the chairman of biological sciences, padilla, al...

Then there are the facts that republicans keep getting wrong. almost as if, on purpose. former bush press secretary, dana perino, as has senator mccain before her, that abdulmutallab bought a one-way ticket that should have raised red flags. he did not. he traveled to detroit on a round-trip fare. and last night with jon stewart, former republican house speaker, newt gingrich, explaining why it was not okay for them to mirandize abdulmutallab, but why it was okay for the bush justice department to mirandize attempted shoe bomber richard reid. >> the american doesn't understand reading miranda ...

Who worked with you before under the bus now? >> strangely, that's what it appears to be. if we look at where we're going right now, i think that the republicans have always seen national security as their bailey wick. the problem is, if we look at where the success of the obama administration is right now, they are being extremely successful when it comes to this issue. they're doing a great job at it, and they're getting actionable intelligence, which is everything that you want. and frankly, it's what the republicans weren't getting under president bush. so to actually say now, because you'...

National security as their bailiwick. the problem is, if we look at where the success of the obama administration is right now, they are being extremely successful when it comes to this issue. they're doing a great job at it, and they're getting actionable intelligence, which is everything that you want. and frankly, it's what the republicans weren't getting under president bush. so to actually say now, because you're being so successful, we need to get rid one of your chief guys, one of the guys we had, simply is a nonsec we tor at best. >> the fallback on gingrich, saying he didn't know the ...