courtenay sullivan, a counterterrorism prosecutor for the department of justice, and a former prosecutor for litigation for the office of military commissions. welcome back to the programme. what are the problems from the beginning in the design of guantanamo and the manner which we view these prisoners from today on out. >> i think the threshold matter, there was no design. you know, when it hoped in 2001, it was a place where the previous administration was housing battlefield. it was long before the high valuer detainees, those responsible for the 9/11 attacks, the u.s.s. coal attacks. before they were contemplated to go there. i think the flaws are the lack of success, were based on a lack of planning from the outside. i don't want to sound judgmental, because it's not. we were in unprecedented territory, but were we kind of making this up as we went along, because we have. >> i think it's right. it's a legal basis for having a time. this is an unconventional war. immediately following in the 1997 attacks. that was the basis for continuing to use force in afghanistan and iraq for man