>> are you ruling out a military commission? >> i am not ruling anything out. what i am telling you is he will be held accountable under the law. we have improved military commissions considerably. the fact of the matter is the only reason there is any discussion going on whether or not the trial would take place in an article iii court in the court of jurisdiction with the broadest jurisdiction, new york city, is because of the response of the congress, requiring the president to have to consider the consequences of failing to heed their basically their concerns. so, this is a discussion taking place, the decision will be made by the president. he will be held accountable. a military tribunal is available, it is the less preferable way to go, but one way or another, he will be held accountable. >> let me ask you about some of the criticism that's been leveled at this administration by former vice president dick cheney. he has argued that this administration failed to treat