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Trying to destroy america. we're at war. these are warriors. and by virtue of the fact that the administration is saying, we're never releasing this guy even if he were acquitted, does that not make the point that they should not enter our justice system where three due process? a presumption of innocence? anyone knows the consequences that the defendant walks if they're not convicted? >> i think even in the case of heinous crime that have nothing to do with terrorism or foreign nationals there's a frustration that people we believe are guilty might somehow get away. that's what drives the lyn...

There is frustration. that's what drives lynch mob mentality. we've always had that sort of tension. the fact remain there is have been three convictions under military tribunals, three are now free. it's no great guarantee anything is going to happen in terms of guaranteeing guilt and a long sentence to do the tribunal route. when richard reid came up in civilian court and tried to make the case he wanted to be called a soldier, he wanted to be treated in the terms of war, the judge on the case said you are not an enemy combatant. you are a terrorist, you are not a soldier in any war, to call...