idaho where she happened to be where when this story broke today. catherine, we know anwar al-awlaki was the first united states citizen ever put on this capture or kill list. was he the only one. based on my reporting, shep. i know that serious consideration was being given to putting samir khan on that list. i asked john brennan two weeks ago if they were considering this and they did not comment. late thisfternoon, a military source suggested to me that there may be as many as three other americans on that list but the cia would not comment on that tonight, shep. shepard: so, is there a definitive answer on whether this is legal? well, here s the problem. today the white house launched an attack on an american citizen which effectively made the president judge, jury and executioner for that american. and, at the same time, the obama administration has wanted to take the five 9/11 suspects, all foreign-born, including the self-described architect of that attack khalid sheikh mo