'This Week' Transcript: Holder and Giuliani

So it's -- it's difficult to -- it's difficult to know what to -- which way to go on this. I think Glenn Beck is sort of taking the classic constitutional position and saying, let's -- let's make sure we do it the right way. This is what makes us unique as Americans, and so let's Mirandize people that we may suspect are terrorists.

TAPPER: John?

PODESTA: Yes, well, you know, for all those people who want to, as Mayor Giuliani said, put him in -- into the military system, I think if you look back and see what's happened, Shahzad, Abdulmutallab, the Headley in Chicago, Zazi, they were all given their Miranda rights. They kept cooperating. They kept talking, as Shelby was indicating. They got actionable intelligence out of them.

If you look at the two cases under the Bush administration where U.S. citizens were declared enemy combatants...

(CROSSTALK)

TAPPER: Al-Marri and Jose Padilla, yes.

PODESTA: ... al-Marri and Jose Padilla, they were put into a military detention system, they didn't talk for years. Finally, you know, the cases ended up being resolved on the other side.

So I think the real question is, what works? And I think there's some indication that the path that the attorney general has proceeded down is working better than -- than -- than the alternative there's being suggested.

I think this idea of expanding the public safety exception is one that ought to be taken up by Congress and probably will be in short order.

TAPPER: Robin, what's wrong with the argument that this is a war that we're in and so we should treat these individuals as enemies of the state and treat them -- you know, Dr. Sam Mudd, who was accused of participating in the assassination of Abraham Lincoln, he went before a military tribunal. I mean, it's not like these things were just hatched up by George W. Bush. Why is it so crazy?

WRIGHT: Well, I think that, as we find more and more of these operatives are working inside the United States and they're not coming from the outside, that we have some real questions to answer. And you see also what Senator Lieberman has introduced this week about stripping people of their citizenship. There's a lot of confusion about, what do we do? How do we handle them? Who qualifies as an American? If you engage in terrorism, do you -- is their citizenship then liable?

And there are some real constitutional questions about all of these issues. How far do we want to go in stripping the rights of the document that -- that makes us a great nation? And there are problems with -- for example, in the Lieberman bill, at what point do you say that anyone who votes, anyone who serves in another country, anyone who serves in a foreign army is eligible to have their citizenship stripped...

TAPPER: Right, that already is on the books. Those laws are already on the books.

WRIGHT: Right. But the fact is, it's not -- it's not applied. There are lots of Americans who have served in the Israeli army. In an era of globalization, you see lots of nationalities where people vote in American elections and they vote in the country from which they came. And so that becomes -- it really opens up a Pandora's box if we -- if we engage in actions like that.

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