she said she had the balance a little bit off when she wrote that back in 1995 and she said she skewed it too much toward saying the answering is appropriate even when you provide some kind of hints about past supreme court decisions and future supreme court decisions. and throughout the morning, as she's had exchanges with members of the senate panel, as they've tried to press her on some of those issues, she's lived up to the new kagan standard, i think it's fair to say, and not really answering the questions. i want to play you one example of that with dianne feinstein about an hour ago. >> does the president, in your view, have the authority to detain american citizens without criminal trial if they are suspected of conspiring to aid terrorists or participating in acts of terrorism? now, does your answer depend on whether the individual is arrested in the united states or abroad?