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They're saying they may have committed war crimes because they say in connection with their hit lists some civilians were killed, afghan police officers were killed. they're saying that -- >> [inaudible] megyn: but then you have some on the right saying the leaker committed crimes, and what about julian at sang, the guy behind wikileaks? >> well, we've looked at that. i had our office in virginia looking at that this morning. it's hard to go after the individual that published the material unless they were involved in obtaining them illegally. here you've got a situation with the original leak...

Speaking to reporters in baghdad, and he said this: >> i really am appalled by the leak, condemn the leak, and i believe that there is potential there to put american lives at risk. megyn: so, uh, are american lives at risk now because of this? or is this just more reporting of information that's already been out there? we're awaiting the white house media briefing where this question may come up. in the meantime, mike emanuel's at the pentagon now. mike, you know, they both used the term potential, but they seemed to be not on the same page on this message. >> reporter: my sense is, megyn, th...

Correct, are going to say without any question that, you know, this is evidence of military action. that's war crimes or at least make those allegations. i think, by the way, that's ridiculous. this is the nature of war, things happen in war. that's why we have internal investigations within the military itself, that's why there's an inspector general. but the leak of this information and going to the particular groups that it's gone to, what that will do is embolden those groups, and it undercuts military discipline in good order because rather than the military policing itself in a situation...

Massive leak of intelligence, megyn. megyn: in the meantime, what do we know now about the investigation into the actual leaker? we know the materials wound up on wickileaks but somebody had to leak to wickileaks. >> well, that's right. last night, we reported that bradley manning, a private first class, was being held for a leak of classified video from a 2007 incident involving an apache helicopter in baghdad, is a person of interest. i've had people in this building tell me that manning is the first guy they're going to fully look at. they'll look at others as well. but they're going to to ...

That these documents could provide in the eyes of some evidence of war crimes on the part of american soldiers. joining us with some thoughts on that, jay allen sekulo with the american center for law and justice. in particular, julian assange, the guy we behind wickly leak -- wikileaks and then there's the group on the project -- which says what these documents show us is people going in with a kill list and no public accountability. is that a war crime? >> well, i mean, it could be. here's the problem. what this really shows us is the department of defense doesn't have control of it document...