one of the conspirators was osama bin laden.ade its way back to bin laden, tipping him off about our surveillance. valuable intelligence was compromised. the rest is history. civilian trials create confusion. our intelligence services are already uncertain as to what rules apply. case in point, the christmas day bombing. this was a failed attempt to blow up an airplane over detroit. after being captured, he was read his miranda rights and asked for a lawyer. days later and only after his parents encouraged him to corroborateçó the began to talk again. is reading miranda rights to terrorists in any way to fight a war? the trial would be expensive. concern has been expressed that these trials could last for years and cost over $1 billion. this trial should not take place in new york or any other civilian court. i believe there is a better way. Ñii have been a military lawyer for almost 30 years and have great confidence in the military justice system. military law allows us to collect valuable intelligence without reading miranda

one of the co-çóconspirators, relatively obscure at the time, was osama bin laden.onviction was obtained in the trial, but a valuable intelligence was compromise. the rest is history. civilian trial create confusion. intelligence services are already uncertain as to what rules apply. the case in point, the christmas day bummer. as we all know, this was a failed attempt to blow up but -- a christmas day bomber. he was read his miranda rights within one hour of questioning and ask for a lawyer. days later, and only after his parents encouraged him to cooperate, did he begin talking again. can we rely on the parents of future terrorist to work with the fbi? is that any way to fight a war. the new york city police commissioner, mayor, and other leaders have all expressed concern these trials could last for years and end up costing over a billion dollars. the trials should not take place in new york or any other civilian court. to do so ignores the fact we are at war. i believe there is a better way. i have been military lawyer for almost 30 years and have great confiden

host: tell us a little bit the pursuit about osama bin laden.e any evidence of where he is or when he might be captured or kill guest: we really do not know. there are indication of cedar hi we is in iran and may have gone to yemen. one does not know. but osama bin laden some time back and there has not been any real evidence that he is alive. but i think he is alive for a symbol. that's my opinion. as far as zawahri, he's very much alive. we went into south afghanistan, he had enough time to take he and his own small group out. now, i am 90% sure he's probably left the region and probably gone to yemen or some other area because i don't think there's any place that he can hide in afghanistan. that is my own josh beckett. -- conjecture. host: ikram sehgal from pathfinder g4s. he writes sin kated -- caller: if you wanted to get somebody that knows about terrorism, you've got the right guy right here. i know here in the united states, if you have workers on strikes and you want them terrorized or you want families terrorized, you call -- that is o

there might be to getting bin laden at this point, and believe me i would be able to say that we got osama bin laden, but strategically the cost required to try and get bin laden and contain al qaeda, the costs far outweigh a residual benefit at this stage and point given that bin laden and the people surrounding him no longer represent operational the real threat to the united states. the real threat is spread everywhere within the muslim world being fueled by ideology and anti-american sentiment. and so this notion of denying al qaeda safe havens in afghanistan i think is a pie in the sky notion. al qaeda, there will be some safe havens. why? because there'll always be people who have sympathies and decide they want to support groups like al qaeda. the question is are they local threats or global threats? as long as their local threats, then those are threats that the afghan government needs to do with, and once that we may have to live with. again, less than perfect that it is the global threat that al qaeda may represent that we have to worry about. i think we have to worry about that last

the four example, i do have information that osama bin laden was dead.ller: hold on. i have been investigating this terrorism problem for 20 years and i never heard of the al qaeda problem until after the 9/11 attacks. i had a group of people investigate this and there is evidence that the seventh tower imploded. the wealthy elitists have overtaken the united states federal government and are using terrorism to make a lot of money. host: we will leave it there. if we have already addressed that. orlando, fla., democratic line, go ahead. caller: i was very suspicious when our forces and cia supposedly allowed bin laden to escape. i am not a conspiracy theorist, but i believe that osama bin laden is dead. i believe it benefits the military-industrial complex to keep him alive to have an excuse to have continued wars in the middle east. host: do you have any thoughts on that? guest: know. -- no. host: what is next for you after the capture of this leader in the taliban? guest: the political indications are going to be very much front and center in congress

one of the ultimatums that afghanistan's government had as far as osama bin laden was that pretty muchal hero of theirs to pretty much shows prove that he has done these names that you does accuse them of, then we will turn him over. we pretty much refused and said we're gong to come in. what will we not just that -- why did we just not show them the proof that he did commit these things, which would have kind of averted this war that we're going through but yet, we kinda said no and we will go in anyways? guest: you're talking about in 2001 when we ask them to turn over bin laden, i think. i mean, i think we had a pretty compelling case at that time, and i think we did make some effort to get them to turn over osama bin laden. there were not willing to go along with that. there's a lot of talk today now about how,Ñi well, maybe taliban and al qaeda are not really close. we can split them off from one another. but clearly, the top levels, senior taliban leaders are still very close to al qaedaçóçóÑii]we çóso maybe if they're not a lare a cut a presence in afghanistan -- now, if you saw

it was osama bin laden who declared war on the united states in 1988.ere a little slow on the uptake on this thing. the basic philosophy is what can a handful of people from the middle east, what impact can they have on the people from the united states of america for goodness sakes? and then we had bombings in kenya and tanzania and responded with cruise missile attacks but the impact on the adversary was not what we intended. we did not commit our treasure to the task and then we had the u.s.s. cole bombing in aidan harbor, of course and then 9/11. i skipped some things but those are the major events and then 9/11. that was perhaps the real wake-up call. i think president bush summed it up in our first national security council meeting after 9/11. we knew al qaeda was the perpetrator of 9/11. we knew they trained in afghanistan. we certainly didn't have any -- this was the next day. we didn't have any idea what exactly we would do but his last comments that ended the meeting were, you know, we're probably going to have to do some things that are going

. >> osama bin laden has issued a new audiotape praising the failed christmas day airline bombing andning more attacks to come from the unitedcreates. >> bin laden comments on the christmas underwear bomber now? that's like a month ago. that's like change your name to osama been procrastinating. >> i have been meaning to comment but idol just started. it's simon's last season. i mean, talk about evil, i mean the things that he says to people but he knows his business. >> bret: jon stewart on "the o'reilly factor." thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced, and

i also think it is interesting that osama bin laden claimed credit for it. and there appears to be ties that this individual had to al-qaeda. we don't need to go through all the fact that his father went to the embassy. that he showed up on a one-way ticket. all of the things that should have connected the dots, a phrase i hate, by the way. but we should have. it never should have reached that point. thank for some brave people who were on that airplane. >> greta: it is almost to the point of delusional with all those red flags that we got so lucky on that one. >> we certainly did. >> greta: don't ask, don't tell. you are still in favor of that policy in light of what secretary defense gates and mullen said you think things have evolved? >> i know that it is working. i spend a lot of time with the military, it's working. second of all this decision was made by the president not by the military who have their hands full in two wars. third of all, i respect the views of admiral mullen who said it was his individual opinion that we have not heard from the rest

one of the ultimatums that afghanistan's government had as far as osama bin laden was that pretty much u.s. wanted a national hero of theirs to pretty much shows prove that he has done these names that you does accuse them of, then we will turn him over. we pretty much refused and said we're gong to come in. what will we not just that -- why did we just not show them the proof that he did commit these things, which would have kind of averted this war that we're going through but yet, we kinda said no and we will go in anyways? guest: you're talking about in 2001 when we ask them to turn over bin laden, i think. i mean, i think we had a pretty compelling case at that time, and i think we did make some effort to get them to turn over osama bin laden. there were not willing to go along with that. there's a lot of talk today now about how,Ñi well, maybe taliban and al qaeda are not really close. we can split them off from one another. but clearly, the top levels, senior taliban leaders are still very close to al qaedaçóçóÑii]we çóso maybe if they're not a lare a cut a presence in afghanist

the senate intelligence committee today al-qaeda will continue to target the united states until osama bin laden and his lieutenants are dead. a bottom line uestion right out of the gate from senator diane feinstein. >> what is the likelihood of another terrorist attempted attack on the u.s. homeland in the next three to six months, high r low, director blair? >> an attempted attack the priority is certain i would say. >> mr. panetta. >> i would agree with that. >> reporter: the rest of the panel agreed. the senior leaders outlined potential threats that al-qaeda is evolving and militants are harding to stop before they strike >> the biggest threat is not so much that we face another attack similar to 9/11. i think the greatest threat is that al-qaeda is adapting their methods in ways that oftentimes make it difficult to detect. >> identifying individual terrorists, small groups with short histories using new attack methods is a new technology. we did not identify mr. abdulmutallab and we should have. we are working to improve so we can. >> reporter: changes since that at ack will allow in

until osama bin laden and his lieutenants are dead. >>> there is more quality trouble for toyota. ited to oat ahas been mitt hitt with more than 100 complaints about brake problems with the preus hybrid. the automakers opened an investigation. so far, no recalls on this one. toyota sales were already taking a big hit after huge recalls. >>> it looks like can you soon press down a little harder on the gas pezal on some areas roads. we'll tell you how fast you will likely be able to drive and where you can let it out. >> sorry. you weren't supposed to see that. we'll have the latest on the weather today and the weekend forecast. also, julie wright will tell us about her sweaters and about the traffic this morning. stay with us. we'll be right back.  ♪ ♪ i paint the numbers in the sky ♪ [ female announcer ] we might have different styles and wear different things. but we all want our clothes to look their absolute best. and that's why tide helps keep the clothes you wear looking bright, white... and impeccably clean. ♪ i see life ♪ in technicolor because what you wear is u

it was believed to be a convoy with osama bin laden going down the road, and because of the delay, held, and one key thing is that political correctness cannot dictate political and -- engagement. now,ñr another thing -- [applause] what i just talked about was the tactical level or the operational level, but we also must realize something as part of this 21st century battlefield. you are sitting in it right now in the united states of america. i was stationed in fort hood, texas, from 2002 until 2004, so what happened out there was near and dear to my heart, as well as my wife and our two teenage daughters, because we lived there, and we know what they went through you had heard about the peace with plastic explosives to wanted to blow up the synagogue -- and we know you heard bgut the situation with plastic explosives and Ñipeople who wanted to block the synagogue. we had the fort dix six. all of these things are happening right here, not to mention a christmas present that we almost got from the nigerian terrorist. see, we have got to understand that right here and right now, we hav

he had what was believed to be a convoy with osama bin laden going down a road out of kabul. in getting clearance, he got into pakistan. we have got to get this user- friendly to men and women on the battlefield. political correctness cannot dictate rules of engagement. [applause] what i just talked about was this tactical level. we also must realize something. you are sitting in part to the battlefield rainout in the united states of america. i was stationed in fort hood texas. what happened out there was near and dear to my heart. we lived there. we knew what they went there. you know about the four gentlemen who have plastic explosives. we know about a young man who somehow got is smollett passport. he came back and shut two u.s. soldiers. we had an illegal immigrant in dallas. we have a north carolina terrorists that was broken up. all of these things are happening right here. not to mention the christmas present that we almost get from the nigerian terrorist. we have got to understand that right here and right now we need to develop the right type of rules of a engagemen

osama bin laden and others. i think the caller liege this has to end. the afghans have suffered a tremendous amount here. we are also dealing with some groups whose behavior in the past has been a very abusive. >> next call for our two guests from tim in idaho. >> good evening, gentlemen. i have a retired -- i fought in three war is. it befuddles me the fact that how are we going to continue to finance this work? and do you really believe down deep, are we going to come to a solution? i listened to what you got and it is the first intelligent thing i have heard about this war. are we going to be able to accomplish what we set out to do? >> we are going to be able to develop and afghanistan that is self-sufficient in terms of personnel. if we can draw down the number of foreign troops we will be in good shape and public opposition will subside. there is an important question on how long we are going to keep funding the afghans. we have raised pay end of the cost of maintaining these forces is going to become very high which the afghan government in its c

and other western intelligence agencies indicate that the core al qaeda element remains, osama bin laden, and others. so i think the caller is absolutely -- this has to end. pieces are important that the afghans have suffered tremendous amount here. we're also getting i would argue with some groups whose behavior in the past has been very abusive. >> next call for our two guests, seth johnson mark moyar, comes from kim in pocatello, idaho. >> good eating, gentlemen. i just have a couple of question. you know, i'm a retired military, you know, it befuddles me on the fact that our going to continue to finance this war, number one, and number two, do you really believe down deep you know, i'm even going to come to a solution? i just listen to what you said and is probably the first intelligent thing i've heard about this war. but you know, are we really going to be able to accomplish you do, what we set out to do? >> i think we are going to be able to develop an afghanistan that is self-sufficient, in terms of personnel. as i mentioned, if we can draw down the number of foreign troops, i th

"if we captured osama bin laden tomorrow, would he be entitled to miranda eighth warnings at the moments"? the attorney general, again, i'm not, that all democrats. i mean. he never gave a full answer. madam president, i thank the chair and believe we have got to get our head straight on this matter and cease to be providing the kind of due process rights that american citizens get and provide the kind of legitimate due process rights that a military commission provides. they are great, but they are not the same, and we understand that we are at war, and it creates a dynamic and allocation of process. i thank the chair. >> new york senator, chum schumer, and maryland congress man chris val hollins said they are looking at something in light of a recent supreme court ruling. this was a topic at the "washington journal." the new york post" this morning is "power- play." "with 15,000 troops moving into southern afghanistan." more details coming up this morning. for the front page of "the new york times is another photograph of southern afghanistan and marines moving into the province. belo

if osama bin laden were captured tomorrow, with the hague untracked hig interrogating, would he be thats interrogation rights? if osama bin laden were captured i would very much hope that the hig would interrogate them and squeeze all the information -- >> rather than randomizing him >> i'm not going to talk about that. >> director panetta, to what extent is the cia in the interrogation business at all? i've talked to colleagues who have gone overseas and met with commanding officers who when asked about who can interrogate them bring their lawyer and to get an answer because they don't seem to know. does the cia have any role in interrogation? if so, what is it? >> yes, senator, we are engaged with these teams and will he bring his obviously the intelligence value associated with the weather is being interrogated. but we do participate in those kinds of interrogations. >> so you've been participating in the hig? >> that's correct. >> how long has that hig been going? >> obviously, we have gone ahead and dispatch some of these teams with the fbi, with the cia -- >> i didn't know that th

let's review the facts, osama bin laden declared war on the united states. were a little slow on the uptake on that thing. the basic philosophy is what can a handful of people from the middle east, what impact can they have on the united states of america for goodness sakes. then we had the east african bombings in kenya and tanzania, but the impact on the adversary was not probably as we intended it. problem builded them, because we did not commit our blood and treasure to the task. then we have the bombing in aden harbor. then 9/11. that perhaps was the real wake-up call. i think president bush summed it up pretty well in the first national security council meeting after 9/11. we knew al qaeda was the perpetrator of 9/11. they knew they had trained in afghanistan. we certainly didn't -- this was the next day. we didn't have any idea of what we would do. his last comments that ended the meeting, we're probably going to have to do some things that are unpopular. if that makes us a one-term presidency, so be it. i thought that was bold. by the way, not everyb

, al qaeda and osama bin laden started using different methods of communications. the trial of the first world trade center bomber, ramsi yousef, tipped off terrorists to another communications link that provided enormousl enormously ve information. well, the use of that link that was compromised they were able to shut down because we learned about it. similarly, the trial of the blind sheikh, rahman, provided intelligence to osama bin laden. the trial of zacarias moussaoui resulted in the inadvertent disclosure of sensitive material. that's why the former attorney general, michael mukasey, who tried some of these cases, said that you cannot prevent a defense attorney from getting classified, highly confidential information in the course of an article 3 criminal trial. we know for a fact these civilian trials have aided the terrorists by giving them information on our intelligence community. the military commission system which we passed the measure to regulate, was signed into law in 2009, was designed to protect our sensitive intelligence sources and methods and

he was osama bin laden's driver. and we wrote on our blog today about hamdan.yemen and his wife has just given birth to a baby boy and he is a proud father. this is the guy that we spent many years trying to prosecute for war crimes before military commissions. host: what is he doing? guest: he is trying to find work as a driver. i talked to his lawyer who said he is trying -- having trouble finding steady employment because tourism is not what it used to be in yemen. a canadian journalist came to the capital not long ago and -- who had covered his case, and he managed to get a drivjob drivinr around yemen. but it is a a kind of an interesting postscript on what was an enormous battle that of a way to the supreme court during the bush years. the point is, people think that military commissions would be far tougher than civilian courts. >> "washington journal" live every day at 7:00 a.m. eastern. we are leaving this now and taking you live to the white house with -- for the briefing with robert gibbs. c-span[captioning performed by national captioning institute]

osama bin laden rich value that. when the americans withdrew from lebanon after we bombed the barracks, that showed me that they were week. we could attack the americans and not be attacked in return. he said this in interviews. and that is what kramer was yelling about for 50 years. so it is not a dismissal of doctrine. it is not wrong either there is verification but the problem is whether this is the answer. i think it is not but it is a very seductive dr. and and one that is easy to hook onto and you can see where it works out and that is part of the reason that it is so provocative in is just fascinating to me to see the speeches of donald rumsfeld when he was president ford's chief of staff he would say one thing then gets to the pentagon 1975 come with rear four weeks later he comes out with a doctrine of provocative weakness and other things that kramer has been saying for years. when he left office 1977, the farewell speech was that when he left office 2006 he said i am sorry i have to go back to the same th

if osama bin laden were captured tomorrow would the hig interrogating, would he be read his miranda rights>> if osama bin laden were cap tired i would very much -- hig interrogate him and squeeze tall information out of him. >> prior to mirandizing him? >> i'm not going to talk about that. >> director panetta, to what extent does the cia in the interrogation business at all talk to colleagues over who have gone overseas and met with commanding officers who when asked about who can interrogate them bring their lawyer in and give an answer because they don't seem to know, is the cia -- does the sigh vie any role in interrogation? if so, what sit? >> yes, senator, we are engaged with the teams and we bring obviously the intelligence value associated with whoever sing being interrogated. but we do participate in those kinds of interrogation. >> so you have been participating in the hig? >> that's correct. >> how long has that hig been going? >> well, we have been, obviously -- we have gone ahead and dispatched some of the teams with the fbi, with the cia in on order -- >> how long have they --

that question to eric holder after reports that a high ranking justice official once represented osama bin laden's driver. all right, so grassley asked this question, it took three-months for him to get an answer from attorney general eric holder, who responded and said yes, we went through our records and it turns out that at least, note at phrase at least, nine justice department officials, nine, have in the past in their legal careers represented terror detainees, and that they now are able to work on those detainee issues. air --, eric holder feels without any conflicts. byron york has been reporting on this. we've seen your reports for the past couple of days, who is chief political correspondent for the washington examiner. you lack at this story, nine, at least nine, according to eric holder, people in his department in the past have represented terror detainees in their work as attorneys. they now work for the justice department, where they will be trying to prosecute terror detainees. but many people look at that and say, you know, a lawyer can represent people from either side. t

i believe that 9/11 is a conspiracy by osama bin laden, al qaeda and nobody else to hurt america.lieve. i learned a tough lesson on this one. i never saw that language, and i never signed anything. a group came up to me at a conference six years ago and they said, we represent 9/11 families. and i said, you know, okay. what's going on? how can i be helpful? we need your help, will you support our cause. they then, i did not know the agenda and put my name on the most abhorrent crazy language and language that i never would have signed on to, and it sat there on an obscure website for years. >> reporter: they also pointed to a youtube video when you used an expletive to describe republicans, but you saw the camera rolling and maybe you should have thought, i should have curbed my language here? >> well, first of all, that was a horrible mistake on my part. camera or no camera, sometimes we get into the partisan kinds of things and trying to be funny and whatever, and you know, we don't stay true to our true selves. >> reporter: david axelrod, one of the president's advisers said he

and other western intelligence agencies indicate that the core al qaeda element remains as osama bin laden as noble as opry and others. i think the caller is -- this has to end. the afghans have suffered a tremendous amount here. we're also dealing, i would argue, with some groups whose behavior in the past has been very abusive. >> host: next call for the two gas, seth jones and mark moyar. >> caller: good evening, gentlemen. i just have a question. i'm a retired military, fighting two wars. it befuddles me on the fact that power we going to continue finances were, number one? and number two, do you really believe down deep, are we even going to come to a solution? i just listen to what you said and is from the first intelligent thing i've heard about this work. you know, are we really going to be able to accomplish what we set out tozygb form may not be able to pay for at any point. so we're going to have to come up with a way to draw down this war eventually. i think we are going to need to continue some investment in the country for a long time. you know, we pulled out after the

serving that miss, the list included, by the way, the name of a then relatively unknown man named osama binaden. that found its way into the hands of bin laden and told him, not only that his identity was known, but also the identity of all the others who were known as participants in the plot that was then being prosecuted. there have been other problems as well. the so-called 20th hijacker, who was supposed to be part of the 9/11 attack but was arrested on an immigration violation several weeks ago, pleaded guilty to participating in that plot and his sentencing proceeding alone took over a year. his case took four years. it's not done yet. and there isn't much comfort, even in the recent affirmative conviction by the 4th circuit court of appeals because the opinion sugg jeffed had he not pleaded guilty he might have entitled to access to a great deal of sensitive information to call other detainees as witnesses and turn the trial, as he did the sentencing proceeding, into a circus. that lesson has been learned by mohamed and the others scheduled to be tried in new york. kfm, as he's know

if i was osama bin laden. , we can't do anything about it, that is crap.s not the environment we work in. there are other priorities out there like health care. unless we have an unlimited amount of money, there will always be a trade-off. there will always be a prioritization between what we spend our money on within the department of homeless security whether we spend it on disaster preparedness or securing the borders or on broader issues like public policy. you raise a lot of concerns and a lot of questions but if there was an unlimited amount of money, this would be easier. host: independent caller from kentucky. caller: i was calling in about -- in reference to janet napolitano bridge probably made the most devastating statement about returning war veterans from afghanistan and iraq, saying that this was a special group that had to be observed because of the fact that they may turn to violence against their own country. i was very upfront about this. -- i was very upfront about this. -- affronted about this. i think she should have been removed from

we have the recent tape by osama bin laden, which raises questions about to what extent he is in command al qaeda. there are a lot of major security concerns now that are occupying the administration's time, and you're right. politically, whether it's decisions about giving the christmas day bomber his miranda rights or the decision about where and whether to try khalid shaikh mohammed in a civilian court, these are fodder for this debate about obama and national security. >> and, you know, norah o'donnell, it seems to me that the democrats have been on the defensive since christmas day -- since the attempted christmas day bombing. the khalid shaikh mohammed trial being moved away from new york city. and gitmo continues to linger on. talk they may not end up sending those gitmo detainees to illinois after all. there is after all a very contested senate race in that state. >> i think there was a sense among the democratic party that they underestimated how much anger and concern there is out there on this issue. scott brown used it in his campaign in massachusetts. said that we should not

. -- osama bin laden. host: pennsylvania, john on independent line.caller: a couple of things with the cheney positive response. i thought biden did a pretty good job because he was speaking actually for the most part. cheney is doing two things. he is trying to garnerw3 favor r the next round of elections in 2010 but i think more importantly, he is trying to protect himself. he should be in the hague. if obama had any spine he would have brought charges against bush, cheney and the rest of the gang for war crimes and cheney is just trying to build up a reservoir of arguments i think to keep themselves out oppression -- prison. he would end up like pinot shaikh if we ever got a nerve. host: ron in cleveland on the republican line. caller: contrary to its two previous callers, i don't really think dick cheney is trying to smooth his path for his legacy. i think what he is trying to do is bring a debate about in this country about the policies that have been put in place by the obama administration, specifically regarding the cia enhanced interrogation,

the problem, brian, is at the end of the day, the grievances that lead people to support osama bin laden and his allies remain there whether it's our presence in iraq and afghanistan, our president on the arabian peninsula, our support for the israelis and that's really the crux of the matter. the choice for people who don't like us is to fight or to surrender. and as long as that's the choice, many are going to pick to fight. >> ok, michael. that's the reality of it. so the survey won't really help in the region. thanks so much for joining us this morning. >> thank you, sir. >> all right. meanwhile, straight ahead, the race for president obama's old senate seat gets under way today. republicans hoping to score another win. one of the democrat candidates will be here live. big day for him and he's accused of cheating on his own taxes. congressman charlie rangle decides to dole out what else yesterday tax advice. diabetes scared me to death. there's so much to learn. i just shut down. but liberty walked me through it all... like when i test at night or after i eat... makes a big differenc

the highest ranking canadian in al qaeda and lease until osama bin laden canadian passport turns up atthe back of the cave. he was killed in a shootout with pakistan forces. one's son of his was captured on the battlefield in afghanistan and killed a u.s. soldier and he was shipped to gitmo and he is now a cause celeb for the canadian bar association and similar groups of this is quite a family. another son was paralyzed in a firefight in pakistan and not fanzine spending the rest of his life in a prison hospital there were health care is about the level it will be after this new plan kicks in here --. [laughter] the kid and his mom blue quote home to toronto to enjoy the benefits of ontario health care. in this boy is canadian born and bred, canadian troops are in afghanistan fighting al qaeda so if you're canadian born and bred that's the side in canadian is meant to be on. when instead in this guy is fighting for al qaeda the enemy, the other side. it could be he just checked the wrong box of one who i don't know. [laughter] trees and used to be defined give up their as giving aid a

what if osama bin laden gets arrested on the battlefield somewhere?m of arriving at them. >> judge, what you make of these issues? you try many criminal cases. there are established rules. what about another set of rules for cases that come out of this context? >> i was with you up until the end. another set of rules consistent with our constitution. it is hard for me to conceive of what those rules would be. if people have problems with the way they gathered evidence. if they gathered evidence through harsh interrogation techniques, it may be that there may be some people who cannot be convicted because of the way we conducted ourselves. so be it. the world is not at a loss for dangerous people. the fact that we are unable to convict one or more of these folks is part of the price we pay for being the country we are. we either live up to our responsibilities as being a leader in human-rights and a commitment to our constitution or we should not. -- we should not profess to be what we say we are. [applause] i say that if there are problems with some o

and other western intelligence agencies indicate that the core al qaeda element remains as osama bin laden as noble as opry and others. i think the caller is -- this has to end. the afghans have suffered a tremendous amount here. we're also dealing, i would argue, with some groups whose behavior in the past has been very abusive. >> host: next call for the two gas, seth jones and mark moyar. >> caller: good evening, gentlemen. i just have a question. i'm a retired military, fighting two wars. it befuddles me on the fact that power we going to continue finances were, number one? and number two, do you really believe down deep, are we even going to come to a solution? i just listen to what you said and is from the first intelligent thing i've heard about this work. you know, are we really going to be able to accomplish what we set out to do? >> guest: i think we are going to be able to develop and afghanistan that is self-sufficient in terms of personnel, if we can draw down the number of foreign troops i think will be in good shape. i think the public opposition will subside once that

one of the ultimatum is the afghanistan, the government says as far as osama bin laden is pretty much if united states wanted the national hero there to pretty much shall prove that he had done these things you guys accuse him of and we will turn him over. and we pretty much reduced and said no, we are going to come in. how, we won't just actually -- how come we didn't show them to prove that he did commit these things which would have kind of averted this war that we are going through, but yet we kind of said no, we are going to go in any way. thank you. >> guest: you are talking about in 2001 when we asked them turnover bin laden. i think we have a pretty compelling case at that time and we did make some effort to get them to turnover bin laden. they were not willing to go along and now there's talk about how al qaeda and the taliban are not really close. we can split them off from one another but clearly the top level mullah omar and other leaders are still close to al qaeda and they do pose a threat so even if they are not allowed in our julca presence in afghanistan now i think i

it was very critical of general tommy franks for not having captured or killed osama bin laden in torabora in december of 2003 and without -- without necessarily agreeing with everything that he had to say, there was a snide reference that he had retired and joined the board of directors of bank of america and chuck e. cheese that boards of directors are part of celebrity culture than they were corporate governance. that a board of directors meeting was a celebrity appearance. what can we do to make boards of directors a full-time job? a real job. and we don't have people on there that treat it as a celebrity appearance? >> i think actually making directors full-time employees is not a good idea because that would make them like insiders. it would make them more dependent on the firm. what we need to do is, obviously, have them spend enough time but the most important thing is to make them dependent on the shareholders in a way that would give them the right incentives. and the kind of governance arrangements we were discussing. arrangements that enabled shareholders to replace directo

and other western intelligence agencies indicate that the core of qaeda element remains, osama bin laden kent zawahiri and others. i think the caller-- the afghans have suffered a tremendous amount. we are also dealing with some groups whose behavior in the past has been a very abusive. >> host: the next golf for two guests, seth jones and mark moyar comes from tim in pocatello, idaho. >> caller: good evening gentlemen. i just had a couple of questions. i am a retired military, fought in three wars and it puzzles me the fact that how were we going to continue to finance this ward number one, in number two do you really believe done deep, are we even going to come to a solution? i have just listened with to set and the probably the first intelligent thing i've heard about this war, but are we really going to be able to accomplish what we set out to do? >> guest: i think we are going to be able to develop and afghanistan that is self-sufficient in terms of personnel and as i mentioned, if we can drawdown the number of foreign troops i think we will be in good shape. i think public oppositi

meanwhile, terrorism trials during the 1990's exposed sensitive and classified nfltion to, among others, osama bincluding the fact that the u.s. intelligence community was targeting his communications. let me be clear. these are not common criminals and they should not be treated as such. the five terrorists responsible for planning and organizing september 11, 2001, terrorist attacks, including self-proclaimed 9/11 mastermind khalid sheikh mohammed, should not be entitled to receive the same legal treatment as our constitution gives to common criminals in this country. these terrorists committed an act of war, an act that led us to an armed conflict in afghanistan where today more than eight years later our troops are still battling al qaeda. these terrorists should face justice through the military commission process for the atrocities they committed, the same process that had already charged these five terrorists and began over a year ago. the same process that k.s.m. already pleaded guilty under but that the president abolished as soon as he took office. for these reasons, i joined a bipartisa

if i was osama bin laden. , we can't do anything about it, that is crap. we're spending $100 billion per year for what? c'mon, man. host: i think he is gone. guest: the viewer feels very strongly. i respectfully disagree. if we spend an unlimited amount of money, can we do a better job of security at the borders? sure, but that is not the environment we work in. there are other priorities out there like health care. unless we have an unlimited amount of money, there will always be a trade-off. there will always be a prioritization between what we spend our money on within the department of homeless security whether we spend it on disaster preparedness or securing the borders or on broader issues like public policy. you raise a lot of concerns and a lot of questions but if there was an unlimited amount of money, this would be easier. host: independent caller from kentucky. caller: i was calling in about -- in reference to janet napolitano bridge probably made the most devastating statement about returning war veterans from afghanistan and iraq, saying that

to recapture osama bin laden on the battlefield and say you have the right to remain silent?s being captured that are terrorists be treated as criminals within the civil system or as an enemy combatants? >> lun will give the audience something to think about. i have tried cases all my life. let's take two different groups. one art enemy combatants on the battlefield. you cannot try them in a civil court because you cannot get evidence. what if the person commits a crime in a civil setting? all these people are enemy combatants. they are all organized to do harm to the u.s. for political reasons. what kind of moral aggravation do you want to attach to the person? if they are an enemy combat in , what do you want to say to that tribal leader? what do you want to say to their family? do you want to say your son was an enemy combatant and killed a child for no reason? he was participating in need jihad and is therefore a martyr? do you want to say to that family, this young man is a criminal, he killed a child. he violated laws of every civilized country and we should try him as

osama bin laden would say that. he would say when the americans withdrew from lebanon after we bombed the barracks, that showed me they were weak, and we could attack the americans and not get attacked in return. he had actually said that in interviews. that's what kramer had been yelling about for years. so it's not wrong, either. the problem is whether this is the answer in every instance, and i think it suredly is not, but it's a very seductive doctrine, you can see where it works out, and that's part of the reason that it has been so provocative. just fascinating to me to see how the speeches of donald rumsfeld, when he was president ford's chief of staff, would be saying one thing. gets to the pentagon in 1975 and three or four weeks later is coming out with with -- with the doctrine of provocative weakness. when he left office in 1977, his farewell speech was that, and in 2006, he said, i'm sorry, i have to go back to the same theme i hit in 1977. we have to -- not to show weakness because that will invite our