he shoots people yelling alla akbar. . we may have trouble figuring out the motivation?> for what senator graham and mccain what to do. by calling him. >> 100 percent clear. it is a closer case and 100 percent clear. >> the advantage to that legally is what? >> question forever. you don't have to bring them to trial if you want. you hold them as long as the hostilities exist and when it is over, you have to make a of what to do with him. in his case he should have been desigated a enemy combatant . described as a terrorist. >> what about in this case with the latest suspect and the state department given a warning by the russian government that the older brother warranted a talking to . so they talk would to him and i guess they scrubbed him over whatever the expression is and realized nothing bad and did hold up his citizenship. he never got it. his younger brother did. >> i am wondering if that testimonies you anything. >> it - tells you anything. >> it doesn't. it will happen a lot like it did in september 11th. we found memos and warningings . you piece this and that