and some subsequent statements he made as well. >> warner: jess bravin, you cover the supreme court. you have written a lot about courts. how would you explain the basis on which they're finding conspiracy here, or alleging conspiracy. >> they're alleging conspiracy because he was very close to osama bin laden. osama bin laden was the organizer, the patron of the 9/11 attacks. he's with bin laden when those attacks take place. he's making statements for bin laden afterwords. and conspiracy is a way that the government that can imfuture to one defendant the offenses of another. this crime basically says he was in on the plot and he is therefore responsible for many of the outcomes, even if he didn't pull the trigger himself. >> warner: now this is the same federal courthouse that originally the justice department wanted to try khalid sheikh mohammed in but backed down. what you can tell us about why the justice department, nonetheless, despite the outcry last time has gone forward to try abu ghaith here. >> i think there are a number of reason, they sort of learned their lesson, a les