"the new york times" also reported that dak duke has been charged with, excuse me, war crimes including murder and terrorist espionage before a u.s. military commission. is the fbi actively engaged with appropriate military officials on a plan to provide all necessary support and documents that would be needed for the prosecution of dak duke before the military commission? >> well, yes. not only would we be willing and able to cooperate with a military commission if he was -- if we obtained custody of dak duke, in the meantime we have cooperated with iraqi officials in providing intelligence and information for their proceedings in iraq. with several of our agents testifying in those proceedings. so we are frying trying to provide that information we have to the iraqi authorities in support of the iraqi authorities' charges against dak duke. >> and you are going to follow-up on that? >> we will. >> okay. your agency is conducting the investigation into the death of border patrol agent brian terry on december 14, 2010. it's been a year and a half since this investigation began. in octobe