david rivkin, start by explaining to us what this means. using a weapon of mass destruction.it a term of legal art? >> it is a term of art, gwen. good to be with you. it is obviously a manifestation of the seriousness of the attack. it is a charge that carries a death penalty, and i for one, given the wealth of physical evidence and evidence that the prosecution will be able to bring to bear, would be quite comfortable predicting that he would be convicted and sentenced appropriately. >> ifill: laura murphy, that term "weapon of mass destruction," is that relatively new kind of charge? >> yeah, that's in statute. congress created that term. it's a very broad term. and it's beenroadly interpreted. >> ifill: is part of the broad interpretation what the penalty would be? >> i don't understand your question. >> ifill: as david rivkin just said part of the reason why that kind of charge is brought is because it makes you liable for the death penalty. >> well, we don't know whether the federal prosecutors are going to charge this suspect with the death penalty. so it is a prosecuti

david rivkin joining us from washington. >> clayton: thank you. coming up, the cost of terror.ocks sank to te lost level in months. will the arrest turn things around come monday? arigato! we are outta here! finding you the perfect place. hotels.com. ♪ it was the best day ♪ ♪ it was the best day yeah! ♪ it was the best day ♪ecause of yo [sigh] [echoing] we make a great pair. huh? progressive and the great outdoors -- we make a great pair. right, totally, uh... that's what i was thinking. covering the things that make the outdoors great. now, that's progressive. call or click today. that work the way you wish they would. like a front-end loader you can detach from your seat? or a mower deck you just drive over and cut through knee-deep grass no problem? yep. we thought the same thing you did. that's why we build them this way. that's how we run. nothing runs like a deere. visit your dealer or johndeere.com/howwerun to see the new signature series and 1 family tractors. >>> quick headlines for you. bodies of five snowboarders have been recovered after being buried by a massive av