intimidate the public or influence the -- >> intimidated. >> that's the statue that was written in the bush administration the last time they revised it. he will be charged with attempted murder and if anybody else is involved, conspiracy to commit murder. if convicted, the punishment is the same as if he had committed murder. >> you get a free pass on blowing up -- trying to blow up times square? >> no, it's not a free pass, the penalty is still life in prison without parole. it's a different charge that is imposed on him because the congress decided for better, for worse, you and i weren't in the congress, when they did this that it has to be two more more acts of violence and this was one. >> what about attempted murder with a weapon of mass destruction? >> life in prison without parole. that's what i said, the punishment is the same. conspiracy to do this, life in prison without parole. >> one more time, back to the miranda rights, you say by definition when he appears in court, it will have happened. there's no way for him to be arraigned. >> if it hasn't, the judge will understand do you understand the