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Because he did something against the other side. is there such a thing as military justice? >> no. >> that's what i keep getting at. so we just want to -- a lot of people say khalid shaikh mohammed did it, execute him. do it quick. have a trial and get it over with. why do we have to have juries impaneled, weeks and weeks of showing off jurors who want to make a case or be famous. who wants that? >> if we're going to guarantee that he's going to be convicted and going to be shot, we've decided that, why don't we take him out in the front of the courthouse and do it. >> if we've already decided...

Pretense of having a trial -- >> that's the transparency concept. if what we're trying to do is tell the rest of the world that we believe our system is the best in the world, and we will prove he is guilty, i like that idea. >> impanel a bunch of new yorkers, few who are islamic people. maybe one. bruce, do you think the rest of the world is going to say that's a fair trial? your thoughts? >> if it's -- >> or is it vengeance. >> if it's an opportunity for defense, the answer is yes. but the catch-22, even if there's an acquittal he'll be in guantanamo for life because he's a combatant. tokyo ...