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Case. he can. gregg: that argument was made in this particular case, but it s certainly going to be made against khalid sheik ma whom eud. he could have his entire case dismiss -pbt couldn t he. he could. i thought the judge was intellectually honest, he said you re going to apply the fourth amendment rights, i m going to follow where the law leads me. what does the administration do when he gets the charges thrown out against him, now what do we do. gregg: i m going to let kelly have the last word on this. shocking under federal court rules is one thing, it s not so shocking in time of war with terrorists captured on the battle field. isn t that the critical difference here that eric holder neither to distinguish. that is the hundred percent difference. people that come into our country that do terrorist acts should not be afforded the same protection. ....

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