>> used the same tactics against khalid sheikmommed when we captured him in pakistan as we did against osama bin laden. that is killed him rather than captured him? >> well, the aim with regard to bin laden was to kill or capture him. i would think that with regard to khalid sheikh mohammed, we could probably apply those same standards. we have the ability there. >> does it seem some ways inconsistent or difficulty for more relevance to say that it is per se so shocking to the conscience that one would subject khalid sheikh mohammed to waterboarding, but it would not shock the consciee to put a buet in his brain? >> one has to take into account a variety of things. and when you're on the scene, you want to get the person you're trying to capture. but you also have to make sure you're protecting the lives of the people who are on our side and who put themselves at risk. and it is for that reason that there's a safety component there. and the kill or capture component raises itself in a way that would not of somebody else. >> since you imposed a military commission trial for khalid sheik