as much intelligence as you possibly can to see what cells he is connected to, are they here or abroad and then ones that is done prosecute him for the terrorist act in an article three court. he would be facing the death penalty under the circumstances. >> and third -- >> we have to give some thought to this notion. why wasn't the navy seals then involved? why wasn't the green berets involved in the takedown? why wasn't the battalion -- you you are confusing. >> no, i'm not. >> with the investigation. >> i'm talking about. >> judge jeanine: the issue, gentlemen, without getting. >> peter. >> do we give it over to the military? no. >> judge jeanine: without get into the issue whether it was seals or here or there. at the end of the day this guy is going to be tried in civilian court. will the government seek the death penalty? >> yes. >> they have to. >> they will. >> and i also think that the government -- yes, they should. and i hope they will seek the death penalty if it goes into an article three court and a i also believe that the united