need any statement he makes to allow us to convict him. i don't think there is any question. you have him on video and admitting he is the bomber to the guy he ends up carjacking. you have people who saw him put the backpack down. if he is an enemy combatant and tried in a mill tare arery tribunal isn't it true that those convictions are questionable in terms of not having gone to the united states supreme court? >> welsh the united states supreme court, first of all, has said and i got a lot of respect for peter but i disagree with the point. the supreme court said that u.s. you citizens when they become belligerent and they can become enemy combatants and subject to military tribunals number one. number two, i think it is the wrong lens. we can prosecute this guy if he survives and put him in jail forever. great. except that doesn't answer the question. by the way, it is not just the department of justice through the fbi that can mir randize