are we to presume that khalid shaikh mohammed is innocent? he was water boarded 183 times. were his miranda rights violated? of course they were. >> he'll get due process. >> water boarding extracted a lot of very critical actionable intelligence from muhammad that is true. the other point about guantanamo bay being this big recruiting tool, first of all, they hit us on 9/11 before guantanamo bay even existed. secondly, the united states and the west continues to get hit by al qaeda terrorists even after obama said he's going to close it. >> hold on. can we -- [ all talking at once ] >> hold on for one minute. can we stay away from water boarding, please? these are the actions obama took that signaled the cia to back off. one, he restricted the cia's rendition to preempt terrorism. two, he closed secret interrogation center as broad. three, he banned water boarding. four, closing guantanamo. five, he ordered captured unlawful combat anne today be read miranda rights. six, he's trying ksm, khalid shaikh mohammed and other terrorists like abdul abdul an -- abdulmutallab. he i

obama could explain to me how a $100 million civilian trial in new york city for khalid shaikh mohammed is better than an inexpensive and efficient military trial, i'm willing to listen. same thing with a plea bargain for the nigerian loon. but no one, no one has been able to put forth anything other than ideological arguments to support the trial deal. life or death situation, ladies and gentlemen, that is simply not good enough. that's a memo. the top story, does the president have a point? can the war on terror criticism go too far? joining us now from austin, texas, karl rove. i thought the iraq war criticism did go too far and i thought it cost us lives of american servicemen over there because it was so intense and the back and forth was so debilitating to the military, sapped morale, made decisions harder to make that even though iraq was controversial, i recognize it would have been better if america had come together. i think we're in the same position now. am i wrong? >> well, it is possible to take criticism too far. i think, for example, the accusation that bush lied about w

. >> larry: justice department has decided to try the accused 9/11 mastermind khalid shaikh mohammed new york city. >> terrible -- >> larry: let's listen to what the president said. first, listen to what he said, then i'll have you comment. >> all right. >> i'm absolutely convinced that khalid shaikh mohammed will be subject to the most exacting demands of justice. the american people insist on it and my administration will insist on it. >> larry: rudy, that's your city. you've tried cases there. they know how to do it in new york. >> they sure do. >> larry: what are you concerned about? >> i think this could be one of the worst mistakes that any president's ever made. >> larry: why? >> well, first of all, he has military tribunals for other terrorists. if you're going to have military tribunals, then they obviously also can provide justice. >> larry: but the crime was committed there. wouldn't you feel that all those people who lost relatives want that man tried in their city at their territory? >> well, actually, larry, most of those people -- not all. you never have all. most of t

could a federal judge presiding over the trial of khalid shaikh mohammed employ essentially the same law and reasoning contained in this decision by the judge in the blackwater case, all 90 pages of it, and dismiss the charges against khalid shaikh mohammed? >> i've been worried about this since the day i learned that some decision was made by somebody with certainly some more ontic thinking to bring these people into new york for trial and put them under our rule of law which cloaked them all with constitutional rights that any american citizen would have and the fact of the matter is, is there have been many cases over the years dismissed when there has been a showing of egregious misconduct on the part of law enforcement and they're going to claim torture and that's egregious and i am so afraid that some judge is going to be saddled with that question. >> the supreme court, 56 years ago, legendary ruling said it is unconstitutional for government agents to treat a defendant in a way that is so offensive that it, and this is a quote from the supreme court. this is their standard --

. >> they're granting someone like khalid shaikh mohammed, the 9-11 master mind, the full spectrum ofrican criminal rights, due process protection, while at the same time, not giving it to person a, person b or c and because we haven't heard a lot from the obama administration as to how they're drawing the lines or what the principles are, that underlie the decisions, it's hard to make sense of some of it. >> reporter: another american has reportedly been the target of joint attacks in the tribal areas of pakistan. >> shooting spree at the marine housing facilities at camp pendleton. >> in 2006, he urged followers to attack a military base. this shot by a fox news documentary team shows where he grew up on a goat farm in rural california. he was last in the u.s. more than a decade ago. >> if you are denied the capability to deal with someone through the criminal justice system and that person is killing targeting your citizens and killing your citizens, what else can you do? i would say it's justified. but if you ask me where the crux of that problem in my mind is, it's the issue of p

. >> granting someone like khalid shaikh mohammed the 9-11 master mind the full spectrum of american criminal rights, due process protections, while at the same time not giving it to person a, b or c, and because we haven't heard a lot from the obama administration as to how they're drawing the lines or what the principles are, that underlie their decisions, that's very hard to make sense of some of it. >> reporter: another american, al-qaeda has reportedly been the target of joint attacks in the tribal areas of pakistan. >> shooting spree at the marine housing facilities at camp preponderance of the evidenceleton. >> in 2006, he urged followers to attack a u.s. military base. this video first shot exclusively by a fox news documentary team shows where he grew up on a goat farm in rural california. he was last in the u.s. more than a decade ago. >> if you are denied the capability to deal with someone through the criminal justice system and that person is killing, targeting your citizens and killing your citizens, what else can you do? i would say it's justified. if you ask me where

this bill would help stop the misguided plan to put khalid shaikh mohammed and other terrorists on trialn downtown new york. there is a good reason why the government has had a hard time transferring these terrorists detainees to other countries. they are the worst of the worst. no one should want them. that's why we put in place a process by which these terrorists should be held and tried as enemy combatants by military commissions. the keep terrorists out of america will help to ensure to treat terrorism as what it is, a war crime, not a law enforcement issue. >> king made the remarks in the republicans weekly address. >>> two men now under arrest in connection with a new york terror plot, one of them is a new york city cab driver. he was arraigned yesterday. the other is a bosnian immigrant in court this morning. susan candiotti is live from new york with the latest. >> reporter: hello, fredricka. in fact, this was an arraignment on a two-count indictment for the suspect. this arraignment just wrapped up a short time ago. the name of the suspect is adis madua nane, a bosnian immigrant

guantanamo to trying khalid shaikh mohammed in a civilian court.o war essentially with our own cia interrogators. i think the country's saying, whoa, are you really in control? do you really see this as a war that we're fighting or is this a legal battle or pr campaign you are fighting? >> if you're going to make that argument, maybe we should blame dick cheney and george w. bush because they were the ones after all that let these guys out of guantanamo bay who went to yemen who insisted on putting this plot together. karen hunter? >> i couldn't agree with you more. you took the words right out of my mouth. i think we should blame first the terrorists but we should also blame the people who are responsible formakering sure that people don't get on planes with bombs in their underwear. there was a breakdown clearly. this man should have never been on a plane. now america has to suffer because this man didn't do his job. whoever didn't do their job ought to be fired, yeah. but it should be accountability at the top first with the people who are in ch

this would help stop the misguided plan to put khalid shaikh mohammed and others in the united states's a good reason why the government has had such a hard time transferring these terrorist detainees to other countries. they are the worst of the worst. no one should want them. that's why we should put in place a process by which these terrorists should be held and tried as enemy combatants by military commissions. to keep terrorists out of america act will also help to ensure that we're treating terrorism as what it is, a war crime, not a law enforcement issue. >> well, president obama has said that a series of mistakes kept investigators from uncovering the attempt on flight 253. >> investigators had been tracking this guy's path from nigeria to detroit. there is, however, a period of time where he is simply unaccounted for. >> investigators especially want to know where abdulmutallab was and doing during a two-month period when he was in yemen. our international security correspondent is in yemen's capital and looking into this. >> reporter: betty, t.j., american officials said her