mr. julani.will they seek the death penalty of khalid shaikh mohammed and his co-conspirators, and why did they not elect it in the case of julani? >> it is my intention after the processes have gone through to seek the death penalty with regard to the 9/11 plotters, we made the decision not to seek the death penalty with regard to mr. julani. four defendants in that case, the prior prosecution did not seek it with regard to two, did with the other two and the jury made the determination not to impose the death penalty. as we looked at mr. julani's role, the other two defendants, did not. >> the trial judge and the prosecution of the blind sheikh, omar abdul raqman. and the padilla case. an experienced judge has always asserted that the trials of the conspirators from the 1993 world trade center bombing damaged national security. for example, the prosecution is compelled by the rules of discovery to provide a list of unindicted co-conspirators. this list made it to the hands of osama bin laden. t