often smiling. at one point sharing a joke with the judge about his poor english skills. is he one of three high value detainees to be waterboarded by the cia including khalid sheikh mohammed the self-architect of 9/11. it seemed today that the cia interrogation program will be on trial in the case. through one of his case the judge asked for his position on the death penalty, how he would define torture and if he found evidence of torture, would he report bush administration officials to an international court for prosecution? >> one of the very powerful arguments that we intend to make at every stage of the proceedings by torturing him the united states has really lost all moral authority to try and kill him. >> i am confident the military commission that was convened here today to try the charges against mr. al nashiri referred to it will answer the call with fairness and with justice.