acknowledged part of a terrorist attack on our troops. i don't think barack obama would have a moment's hesitation if he has the chance because appeals in this case will drag on for years and may outlast his presidency. >> if it goes on that long and a complicated case, is it possible that hassan could avoid the lethal injection and technically given the death penalty? >> absolutely. there is not a lot of legal history as i think you have pointed out. there's not been a military execution since 1961. the military is not set up, the legal system for this. it is quite possible that an appeals court could find some problem with the case that would result in a life sentence. but he could also get the death penalty because he seems to be trying to get it. >> yes. >> doesn't seem to be much doubt that the trial is a kind of slow motion suicide. >> it's interesting. most of the victims' families don't want him to get the death penalty. >> do you want to give him the satisfaction of martyrdom or do