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obama administration has embraced military commissions and for the first time under president obama's watch charges will be brought at guantanamo against an accused terrorist, in this case, washiri, of the u.s.s. cole attack, was water boarded in the cia secret prisons, legal sources familiar with the case argue that the trial would be a trial within a trial about the cia program. the coal attach killed 17 sailors in 2000, the size of the hole in the ship was about the size of a 2-story house. the coal families have told me separately they often buried their sons twoor or three times because the navy kept finding remains. for context, the three cases that have gone through the commission so far since 2009, they were cases that were already in process by the bush administration, jon. jon: catherine herrid, live for us in washington, thanks catherine. >> you're welcome. jenna: a fox news alert. again we've been mentioning this news conference with attorney general eric holder

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