one thing that khali shaikh mohammed was told after they captured him when he started to talk, he saidind out. so if you're a c.i.a. agent and you're questioning khali shaikh mohammed, what's next? you'll find out and there's an anthrax attack at home, we have the buildings burning and all the other guys captured. what do you do? time for the good cop, bad cop or say we have to turn it up a notch, mr. president, i need your permission to get that. that's what happened. i'm talking about jose rodriguez who took over in counter intelligence in charge of capturing al-qaida and getting the most information possible to prevent the next attack. what he watched was america forget about 9/11 and then all of a sudden condemn people like him for telling khali shaikh mohammed you're not going to sleep -- you're not going to sleep for a while. you only get to sleep two hours a night. you're going to be standing up and you're going to be waterboarded. this all happened over 2 1/2 week period as it did with others. now, all of a sudden, the c.i.a. is on the defensive and forced to defend themselves

khali shaikh mohammed and his four co-defendants will be arraigned on may 5th at guantanamo bay. they were first charged by a military commission back in 2008. but the case was suspended after president obama tried to have it moved to federal court. they face the death penalty for murdering 2,976 people in new york, d.c. and shanksville, pennsylvania. and they may be an odd pair but that isn't stopping burger king from putting them together! check out this advertisement for the new bacon sundae. >> huh? >> delicious! >> that's right. soft serve vanilla ice cream drizzled in chocolate and caramel sprinkled with bits of bacon with a strip of bacon for the finishing garnish. right now, it seems the bacon sundae will only be available in nashville, tennessee. yeah, they need a bit of a test market first. if you live in nashville, tennessee, this morning, let us know if that sounds good to you. do you think it will be a hit down there? >> gretch, i had one of those at the minnesota state fair. >> oh! >> couple of years ago when we were up there for the big convention and it was fantas

. >> let me tell just tell you, khali shaikh mohammed would use his fingers to count the number of secondst in all likelihood, we would stop at 10. so this doesn't sound like a person who is afraid of dying. >> jose rodriguez is the former c.i.a. head of the clandestined services and he says the interrogation methods used under president bush were legal, effective and no less humane than drone strikes approved by president obama. >> meanwhile, the colts officially have a new face of their franchise. indianapolis took stanford's andrew luck last night as first pick in the draft. luck who replacing peyton manning looking forward to playing. >> it's nice to officially be a colt and it's still sinking in. it makes me smile saying it so, you know, can't wait to get out there really and get in the locker room with the guys. >> replace peyton manning, what's the big deal? the baylor quarterback robert griffin iii going second in the draft. the redskins taking the heisman trophy winner. he's got a nice smile and the rest of the top five look like this. browns moving up one slot and gave up so much

he's now going to actually try khali shaikh mohammed again after saying that he's going to shut down guantanamo bay. that was his first executive order. now they're moving forward with that. he got rid of qaddafi. i mean, this is actually a legitimate thing that they should probably focus on because they actually have had success. >> you're right. bullet points. if you look underneath the curtain, we rushed out of iraq to point we lost all of our leverage and left the door open for iran to walk in. guess what, they have. all those people that have helped us out the last eight years in iraq have been left for the slaughter inside iraq because without us there to protect them and out of their loyalty. look at afghanistan, he asked for a surge. great. he gave us 9,000 less troops and pulled us out six months early and talked about an end date that's killed countless people. he promised peace in the last 18 months in israel, where's that gone? >> the israeli issue is important with the voters. if you look at polls at how people feel about iraq and afghanistan, he may have them on his sid