matter of legal authority, if you have the authority under the laws of war to detain someone a the hamdi decision said that in 2004, that is true irrespective of what happens on the prosecution side. >> so, therefe, the prosecution becomes a moot point? >> no, i'm not saying that at all. you raised the issue of what happens there's an acquittal. >> right. >> in my judgment, as a matter of legal authority, there are -- you could get there -- there might be policy judgments one would make but as a matter of legal authority, if a review panel has determined this person is a security threat and, you know, they've lost in their habeas and we've gone through our periodic review and we've made the assessment, a person who is a security threat should not be released and a person who is not convicted for a lengthy sentence, as a matter of legal authority, i think it's our view we would have the ability to dein tt person. whether, in fact, that happens would depend on the circumstances and the facts of the particular case but as a matter of legal authority, i think we have law of war authority pur