>> it makes it look like amateur night down there. it makes us look weak. it is weakness. i can't understand the vacillation or the choice to bring it to new york in the first place. >> reporter: despite that criticism, key allies are standing firm. patrick leahy say some are playing poll teches with the issue and the top democrat is pointing to the successful use of civilian trials in the past. >> we will it will play out. remember the statistics. the bush administration prosecuted hundreds of these terrorists. 34 of them are in prison now. >> senate minority leader mitch mcconnell said he is in support of this blamed to block funding for civilian terror trials an he sounded like he may not necessarily think it has to happen. mcconnell is predicting that the administration will retreat from the idea holding any of the trials in the u.s. bret? >> glenn: m >> bret: much more on this in the panel.