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With terrorists? what we have done with them most successfully is put them in jail for civil tries in federal criminal court. there are tons of them sitting in jail for the rest of their lives. >> david, when you say that, how often has the death penalty been sought in the terror cases. we have the time square bomber, the underwear bomber and reed the shoe bomber they all got life. >> in the sally case the death penalty because sought and the jury in northern virginia district of virginia said no death penalty. that's not the only end here. sometimes getting jail for life sends an awful strong...

Give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence peo...

Combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of w...

Well as the justice department's investigation into the 9/11 attacks. all right, david. it's a pleasure to have you here. thanks for being here. you've actually tried terror cases in federal court. where does this case belong? like these. the oklahoma bombing, the 93 attack, there are so many terrorism cases where the defendants have been prosecuted successfully are doing life sentences and so it's really the best system or the best process we have to deal with these. now there's been talk about tribunals. tribunals have been in effect since late 2001. we are 12 years out. show me a prosecutio...

People. get all the intel you can. then turn him over to the civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group, fbi, cia, dod. they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these p...