it's not clear more damning evidence the judge tossed out, entained by the enhanced interrogation would have been allowed in military commission. >> some of the challenges in the courtroom would be the very same challenges before military commission about whether or not certain evidence could be used. >> secretary of state clinton also said the conviction and sen tensing rate in civilian court is higher than that of military conviction. the white house says the reason for closing gitmo haven't changed. we know al-qaeda uses the prison at guantanamo bay as a recruiting effort to seek par tis passion of those interested in doing us harm because of that. >> steny hoyer said the military commission and trial at gitmo because the jury is likely to be sequestered anyway. >> it wouldn't be much different. it's a caribbean island. not like you are sending them to archipelago or siberia.