'This Week' Transcript: Holder and Giuliani

GIULIANI: ... Abdulmutabalab (sic) a -- a -- right, giving him a warning after -- after 30 minutes makes no sense. It makes no sense to do that. So, sure, it may work sometimes; it may not work other times. It's not the best policy to follow.

And so far, two in a row, we've gotten lucky. So let's not rely on luck. Let's rely on solid policy.

TAPPER: My understanding, during the Abdulmutallab incident, is that -- is that actually after about 50 minutes they had to take him to get medical care, and that's why he stopped talking then, because he actually -- his life was in danger. But be that as it may, I fear the point you're making.

I want to ask you a question about, in the trial of Richard Reid in 2003, Judge William Young said to Richard Reid in 2003, "You're not an enemy combatant. You're a terrorist. You're not a soldier in any war. To give you that reference, to call you a soldier gives you far too much stature. We do not negotiate with terrorists. We hunt them down one by one and bring them to justice."

That's a different attitude than the one you're talking about. Some people say that by making somebody like Shahzad, who is certainly less successful than several of the mobsters you put away, who did far more heinous things than Shahzad actually was able to accomplish, but were tried in a criminal court, they say that what you're proposing would elevate somebody like Shahzad.

GIULIANI: Well, that's absurd, of course. I mean, you get more rights as a civilian defendant than you do as an enemy combatant, so that's a matter of semantics. Maybe you're giving them more status in terms of semantics, but you're giving them less rights, which is really important.

I mean, look at this whole thing with Senator Lieberman's recommendation that citizenship be revoked and look at the reluctance of the attorney general to support that. It shows a sort of sense of, I don't know, not understanding the magnitude of the problem.

I mean, why shouldn't we revoke the citizenship of someone who's been designated the -- an agent of a foreign -- of a foreign power or an agent of a -- of a terrorist group? Of course we should. Of course we should be able to revoke it. And I'd be happy to test the constitutionality of that.

Instead we have an attorney general who's studying that, also. They're at war with us, and we're spending time studying what rights they have. This doesn't make much sense, Jake. We're worried more about the rights of the terrorists, it seems -- or at least pondering that -- more than we are urgency about actually curing some of these things that will keep us safe and not have us rely on luck, which is how we got -- got through these last two ones.

TAPPER: We only have a little bit more time. I want to just get your reaction to what happened in Utah yesterday where Senator Bob Bennett, conservative Republican, lost his party primary. Are you worried at all that the Republican Party is not only growing more hostile to more liberal to moderate Republicans such as yourself, but also conservative Republicans who are shown to -- at least shown an ability to work with Democrats?

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