let these people have free speech and interrupt the other 300 million people listening. this is your opportunity to speak to the american people. let them make a judge about it. if they want to affect what the ore other 300 million people hear from you, it's too bad. you proceed now. >> homdon is one of bin laden's associates before 9/11. he is prosecuted before a military commission. signature prosecution of the bush administration. comes to the d.c. circuit. i write the opinion, saying it's unconstitutional. violates principles. you'll never have a nominee who has ruled for a more unpopular defendant, than ruling for homdon. why did i do that in that case?