i agree with that in a battle. when someone is shooting at you, you don't ask for-- they don't get miranda rights or a trial, you shoot them. when anybody is actively attacking you, you're allowed to repulse that with lethal authority. however, if they're not engaged in combat and if they're in the united states, i don't think that the law of war applies to the united states. the police act differently in the united states than the military acts overseas. there's different rules of engagement. i don't want to give up on the procedural constitutional protection that we have to all of the amendments, particularly the fifth and sixth amendment. jury trial is an important thing. arrest, be charged, determining your guilt, these are important things, we can't leave that up to one politician to decide guilty or innocence. >> megyn: as now, there's a history in our country of having to make decisions like this. when you first wrote to the attorney general expressing concerns whether we might use