i will do everything in my power to make sure khalid sheik mohamed never sees the inside of a feral court. the reason being that i am very worried about the presint you are setting when you hold someone ven years under the law of war and then all the sudden you introduce them into the american criminal-justice stem. where you use a theory of law of war detention to hold them for years without trial, and all of a sudden you give them the rights that come with the american constitution in federal court. i have no problem with the christmas and a bomber. the times square bomber being in federal court. that is a good use of federal court. i have no problem with finciers of al qaeda being charged under domestic federal law. i have real problem with taking the mastermind of 9/11 and saying that you get the same rights of an american citizen under the constitution because of then you are destroying the theory that is essential to being at war, that you can be an enemy combatants. if he is not an enemy combat, who e hell is? and what does a federal judge to do with a speedy trial issue? so we are

after it provoked an outcry that khalid shake mohammed and four other alleged september 11 plotters would be tried in new york city. >> i'm not scared of what khalid sheiks to say at trial. >> reporter: the trial date and place are now in limbo. and with controversies over everything from his pushing to quickly close the u.s. prison at began taun mow to his very public condemnation of the new arizona law that cracks down on undocumented immigrants, even some holder fans are saying, he's honest, he's smart but sometimes he can be a little tone deaf about how things play out in public. >> no, i'm not tone deaf. but i understand what the nature of being attorney general is. i don't have the same latitude that other politicians might have to put my finger up to the wind and figure out what's going to be popular. >> reporter: does the.... >> it's not tone deafness. it's a commitment to justice and a commitment to the law. it is not tone deafness. >> reporter: that got you. >> yeah, it does because i think that is a criticism that is fundamentally unfair and it's political in nature. >> we want to make sure that this department of justice is true to its great

i will do everything in my power to make sure khalid sheik mohamed never sees the inside of a federal court. the reason being that i am very worried about the president you are setting when you hold someone seven years under the law of war and then all the sudden you introduce them into the american criminal-justice system. where you use a theory of law of war detention to hold them for years without trial, and all of a sudden you give them the rights that come with the american constitution in federal court. i have no problem with the christmas and a bomber. the times square bomber being in federal court. that is a good use of federal court. i have no problem with financiers of al qaeda being charged under domestic federal law. i have real problem with taking the mastermind of 9/11 and saying that you get the same rights of an american citizen under the constitution because of then you are destroying the theory that is essential to being at war, that you can be an enemy combatants. if he is not an enemy combat, who the hell is? and what does a federal judge to do with a speedy trial

i will do everything in my power to make sure khalid sheik mohamed never sees the inside of a federalrt. the reason being that i am very worried about the president you are setting when you hold someone seven years under the law of war and then all the sudden you introduce them into the american criminal-justice system. where you use a theory of law of war detention to hold them for years without trial, and all of a sudden you give them the rights that come with the american constitution in federal court. i have no problem with the christmas and a bomber. the times square bomber being in federal court. that is a goodse of federal court. i have no problem with financiers of qaeda being charged under domestic federal law. i have real problem with taking the mastermind of 9/11 and saying that you get the same rights of an american citizen under the constitution because of then you are destroying the theory that is essential to being at war, that you can be an enemy combatants. if he is not an enemy combat, who the hell is? and what does a federal judge to do with a speedy trial issue? so

at this moment, the united states is still trying to decide where and how to try khalid sheik mohammed. they are debating whether the so-called christmas shoe bomber on flight whatever was from northwest airlines should happen ve been mirandized, and whether a person 15 years of age when he was captured in afghanistan should be tried in military court. we are privileged to have a distinguished panel of experts could this is a subject you to discuss four years -- you could discuss for years. i think that you will find our panelists today will spark your interests and i knew -- and unless you in areas that perhaps you have never considered. -- enlighten you in areas that perhaps you have never considered. professor jack goldsmith of harvard law school formerly of the council in the department of justice. justice kennedy is watching him .o datday the united states district judge from virginia who has presided over several trials, including one we will discuss today, the trial of zacarias moussaoui. prof. elizabeth hillman of the hastings school of law at the inner -- at the university of