we have chief counsel of the center for american law and justice is my guest today. jay, looks like this guy will come back to the u.s. and tried in an american court, right or wrong? yep. they re going to try him as a criminal. i think, gretchen, this is part of the problem. the justice department keeps viewing these cases as criminal prosecution rather than as preventive. you want to be able to get the intelligence information out of somebody like this who is evidently one of the leaders or masterminds of this attack on benghazi and the idea that we re now going to put them through civilian court process and they ll probably get a conviction but is the conviction the real answer here or do we need information? you can try him later. it s a fundamental flaw with the way the obama administration views these individuals. they view them as criminals and they should be viewed as terrorists. there s a big difference. you have a lot of republican senators coming out after this capture s
related to the bombings in tanzania and kenya. the jury convicted him of one count of conspiring to destroy u.s. property. the white house pointed out it could still be enough to send him away for life. some republicans say no question this was an error in judgment. what we asked our judicial system to do is something that it s not set up to do and that is to try war criminals through the civilian court process. it was an inappropriate use of the system and it failed. shepard: they couldn t use some of the testimony because they said they got it because he was tortured. and congressman hoekstra and others maintained this is proof that the government should try terror detainees in the military court. catherine herridge with the news live in washington. the administration argues the bottom line is that this guy is going away for an awfully long time and even after it sounds like they are going to keep him. that s right, shep. rather than hold a public news conference today to trump
. reporter: as we saw in the ahmed khalfan ghailani case some evidence came out of the cia interrogation program was excluded and people will argue that ahmed khalfan ghailani was not convicted on more of the counts as a result. jenna: thank you very much. jon: for more on the ahmed khalfan ghailani verdict and what it could mean for trying other gitmo detainees we are joined by congressman pete hookstra. congressman i know you are steamed at the result of this trial. i really many, it s an embarrassment to the best court system anjou digs alsystem in the world. what we asked our judicial system to do is something that it was not set up to do, and that is to try war criminals through the civilian court process.