Fault. I cant say it was theentible but i can say security was inadequate. As we say in kansas, simply add up. Just doesnt we now know this tragedy did not have to happen. The blame . Akes at the Supreme Court, justices with how much free speech is too much, and as the begins inection year earnest, we examine the politics obamacare. Now that people are feeling its effects, you see the andcrats running farther farther away from it. Its time for republicans to end their fixation and start working with democrats on the priorities of the american people. The week, peter times, the new york tom gjelten of npr, joan reuters and jeff zeleny of abc news. Awardwinning reporting and analysis, covering history as it happens. Nations capital, this is Washington Week with ifill. Corporate funding for Washington Week is provided by additional Corporate Funding for byshington week is provided prudential. Additional funding is provided foundation, the corporation for public and bysting contributions to pbs stations from viewers like you. Thank you. Once again, live from washington, moderator gwen ifill. Gwen good evening. Whenar is too far to go National Security is at stake . That question is at the heart of roiling debate over how the nation spies on itself and on others. They the president went to Justice Department to declare there can and should be reasonable limits. Those who are troubled by our existing programs are not repeating the and those who1 defend these programs are not liberties. Of civil the challenge is getting the detail right and that is not simple. What and that is exactly still bothers the administrations critics. I want to stand up and cheer what he justze told me was all these great things about my privacy except for he really, between the lines, told me hes going to continue to collect all of my private records without a warrant. Gwen so, peter, given what we now saw and what the president laid out today, what exactly is different . Not as much as the Civil Liberties advocates would have as the National Security program advocates would fear. President eard was the made a lot of lofty statements strongexpressed a lot of sentiments about the need to guard against abuse but the details, as he said, getting the details right, are still a little bit unclear. Left to ais could be number of reviews. The attorney general and ationalr of intelligence have to come back and tell him how to do some of the things he wants to do and congress. O go to the most important, biggest controversial program, what to the bulk data storage that everybody cant agree on. Hes does it add up, what proposing or is he nibbling around the edges . Beens not undoing whats done since 9 11. Tact anding them in trying to add transparency and safeguards to make people feel comfortable without changing anything in a substantive way in terms of terrorists and its a tocky balance hes trying achieve, one that leaves neither side completely happy. I was thinking about his own record as a senator who about george w. Bush, as a former constitutional law who hasr and someone openly talked about how hes tried to balance, what is your tippedn whether hes more to one side or the other . A because he is, as you say, pass critic of some of these things, he spent a lot of the them, saying,ng there hasnt been abuse, these to do thiss who want the right way. Theyre not listening to your calls and if youre not talking to terrorists, you have about and hesy defending a program hes felt uncomfortable about. Them toard was it for find this balance, president and his advisers, specifically with the metadata program, the telephone records. How hard was it for them to decide what to say about it . This debate has beegoing on all week all the way up until last night as of theyre trying to put together this speech and make lastnute decisions. Decision in which he announced in which n. S. A. Analysts will have to go to the court forveillance judicial approval before tapping into the database, that decision late last night, added in at the last minute. So you saw a very roiling which you had a lot of actors at play. James comey, the f. B. I. Director, had come out strongly against requiring court approvals, these National Security letters, administrative go to businesses and grab records. A lot of players spoke out and the president didnt really want some of the significant figures in the National Security environment. One person that hung over all this was edward snowden. The president mentioned him a couple of times in passing. Gwen maybe a paragraph. He said it was an open investigation, im not going to talk about it. Would this ever have happened if he had not released the stolen information . Seems so. We had five years, obviously, in which the president had every opportunity if he wanted to have National Debate to start on his terms if he didnt like the debate played out because of snowdens revelations but it forced him to address it changedferent way and the politics of it. When he came into office, his priorities on security were closing guantanamo and banning torture so this almost wasnt at the agenda, either his or the countrys. Snowden put it there. Gwen was this a speech that have made anybody happy . The president is not the kind of does drastic things, rolls back one way or the other, the civilms that libertarians were not pleased with everything he did and the the Intelligence Community couldnt have been happy, either. I think both sides were uncertain exactly how to evaluate it because the details havent really been sketched out. This could be more significant change than it looks today if, fact, they come back with specific ideas about how to the metadata or standards to set for judicial review but know yet. One other constituency, the Technology Sector and executives. They have strong feelings particularly about the way the n. S. A. Was undermining their security standards. Be almost absent entirely. He didnt address those issues. Address Cyber Security and cyber attack issues that the review panel report but those issues will continue to challenge the administration as he goes because technology will only continue to advance and these issues arent going away. He acknowledged himself in the speech, even the things we hear about coming out every week in these snowden documents, i think happened 10 years ago already. Theres another debate that never seems to die, as well, the attack in benghazi, libya, that americans in 2012. The tentacles of responsibility seem to stretch everywhere from military to the diplomatic Intelligence Community to garden variety politics and when a senate with aee weighed in report that found the attacks were preventible without laying on anybody, it managed to stir all those pots. What state is Department Spokesperson marie the latest say about report. There was no specific threat indicating there was an attack coming. Can only act when you have information that a specific attack may be coming. Does it doesnt end here, it, tom . No. I think its fair to say that the state department was a defensive in its reaction to this report because even wasgh as you say, blame spread around, it was really targeted on the state department securityaking conditions seriously enough and this report came out with all intelligence warnings that were issued in the two or three months before the attack. Intelligence agencys saying we expect more in libya. Attacks conditions warrant safe haven in libya. These are detailed reports that they werent specific saying its going to happen on september 11, but they thoseerious reports and are the warnings that the state heed. Ment did not gwen lets take this back a minute. This is not first such report not the first investigation, probably wont be the last but we keep getting mixed signals on what the cause of this was and this report doesnt really clear that up. No. It doesnt. Although, you know, this was a bipartisan report which means you had what does that mean . Held out the promise. Key points in two which democrats and republicans actually were able to find agreement. Was al qaedahere involvement in the sense of toividuals who had ties al qaeda affiliates were definitely involved and the other one which is also did agree thatey there was no order from the white house or anywhere else to nond down, there was opportunity for the military to come in and rescue. And those, of course, were controversial points in the initial discussion. But as you know, the republicans issued a dissent or like additional commentary at the end that was as partisan, as critical as anything theyve said before. Wecan i ask about what learned about ambassador stevens, thats new in this report, how he might have resisted some things but also wanted other help. Learned . S what we i think this has been known for a long time but i think out respect to ambassador stevens in of course died tragically this attack, no one wanted to go there but this report does say down twice offers for a military Security Team in thinkzi saying he didnt it was necessary and the report for not taking conditions at the benghazi facility seriously enough. When they say its preventible, is that what theyre talking about or do they other things in mind, as well . There were a number of measures that could have been were not taken. There were security upgrades and note considered taken. There was a military Security Team that could have been sent in to help protect the facility. They didnt know about the c. I. A. Facility, wasnt that true, as well . Communications lapse, there . The c. I. A. Does not share information with other agencies well. They like to keep their locations of their safe houses no, theret and, pentagon did not know, the military did not know about the existence of that c. I. A. Safe house there. How does this fit in the context of other benghazi reports weve seen . The biggest one in the New York Times by David Kirkpatrick, the cairo bureau chief. What should people take away visavis that and are there others . One of the big issues is whether this was an al qaeda attack. Of course, that was the dispute that surrounded the talking points with ambassador susan rice at the beginning, originally saying it was a demonstration, and David Kirkpatrick reported, i think accurately, that there was not that al qaeda was not behind this attack. Youit partly depends on how define al qaeda. If you define al qaeda as al qaeda under zawar he in pakistan, thats true. When you break it down to the affiliated al qaeda groups and people tangentially involved in those groups, there was a qaeda involvement so its semantic issue and thats the way you square that circle. If you can agree on the terms, can agree on what the cause of this was. Gwen the real reason this stays alive, not just because there are Unanswered Questions but somebecause it has political value for 2016 . One of the things that mosted the democrats the is that the republicans in their comment at the end of the report single out Hillary Clinton her leadership could have made a difference in the murderedthese four americans. The democrats felt that was a real cheap shot and i think when ofy say there is kind Political Considerations here, thats what theyre talking about, the way that hillary outton herself was singled by name in this report as bearing responsibility. That one there was reference to her, that was the only time she was mentioned in the report. Other side says, they didnt say that much about her. She was not mentioned at all thehe bipartisan portion of report and just that one reference in the republican part. Gwen thank you. Steppingme court is into a slightly altered version of an old debate about abortion, also about free speech. In this case, how close can protestors come to physically preventing a woman from entering a clinic . The First Amendment debate painted yellow line, joan. Yes. In america, the abortion wars play out in many ways and this is about how close can protester get to going to a might be Health Clinic to have an abortion because they want to theyre her from it but also causing problems at abortion clinics because of the and massachusetts adopted a law in 2007 that 35foot buffer zone around Health Clinics in the abortions andform these people who want to try to talk to women as they approach it clinics have challenged as a violation of free speech rights. Its been almost 14 years since we had one of these cases. When you think of the 1980s and 1990s, you think of all these and a lot ofests violence, killings at these places but in 2000, the Supreme Court, by a vote of 63, upheld colorado, in an very divisive vote with Justice Kennedy who supports abortion rights saying youve turned your back on people who oppose because they should be able to talk to people. Gwen talk about the buffer zone. 35 feet, i dont know how to it here. Thats a big, big buffer zone, right . Actually, that was an issue courtroom. The courtroom was like, how big is this . Like two car lengths and i think there was confusion over the size of the courtroom maybe 35 yards but its a decent its a very large to other buffer zones. For example, the colorado one, which is a floating buffer zone, eight feet and you know the court has allowed others that have been smaller so 35 feet is and what some of the conservative justices said and feet,allengers say is 35 you can hardly know whos heading to the clinic until thenre within that zone, you cant actually talk to them. Its been a long time since college but i remember being speech is notee of course absolute, government can regulate time, manner and then, is this an issue . Time, place and manner is what theyre saying, can regulate it because of the situation there clinics available to these women but those things arent absolute, either. Always have to have the least restriction means when youre talking about free speech surese you want to make that a message isnt squelched way and what massachusetts is saying, they can get their message out in actuallys, that this hurts Public Safety when they get so close to the clinic and driving by trying to drop off literature and people get hurt. Is this idea of buffer zones clinics . Abortion abortions big enough enough for allat of us but the afl croix was in on the side of the challenger saying they want to make sure these kinds of time, place and manner restrictions arent so otherctive so its things. What did chief Justice Roberts have to say about this . Questions,sk any right . No, and that is highly unusual. Only Clarence Thomas. For the past seven or eight years Clarence Thomas has not a question but the chief surprisingly asked nothing. That . T do you think about i think the chief would be inclined to think this is too big of a zone but we done from anything he said. The Supreme Court has a zone itself. You cant get up on the plaza, right. Feet . Thats more than 35 feet. Much more than 35 feet. Like a stalking horse issue . You mentioned, 14 years since Abortion Case big at the court. Does that mean now antiabortion activists finding other ways in . Its been 14 years since weve had an abortion protest case. Had abortion since then. Yes, but youre right, gwen, oft the fundamental issue roe v. Wade, can abortion be outlawed, thats basically settled. Outlawed. Be since 1973, women have had a constitutional right to end a there have been all sorts of access issues and this is another access issue of close can people get there. Will it be hard for a woman to get to a clinic . Gwen thank you. Here is the least surprising news of the week, the Affordable Care act with all of its glitches, snafus, delays, cancellations and complications, primeoing to be a political football this year. Surprise. Television ads have already state andd in key federal races around the country, its learned defining the debate. You watching it play out, jeff . First of all, its playing most aggressively right now in Southern States where democrats are facing reelection in red states, red republican states so were talking north kay haguesenator hagan, president obama went there this week. Gwen he said nice things about her. Louisiana, senator Mary Landrieu and in arkansas, senator mark pryor, three key democratic seats. The outside conservative groups have been on the air for weeks and months hitting these onocratic senators hard obamacare but its moving beyond that. Talking a few days ago we saw ads in iowa and michigan and those arent the top tier Democratic Senate races so across the throughout the senate, any democrat who was up is now worried about obamacare. I talked to one this week who i cant say who it was but i talked to one democratic candidate who said i can beat my opponent, i dont know if i can beat all this stuff on obamacare. At him. Ing so hard gwen what do the ads say . The ads are saying basically, insurance, your can keep your insurance. And its in those voices and they have someone specifically that state saying, i lost my insurance plan. Itst necessarily, basically a reprise of what weve heard but theyre very localized, very personalized for those states. Gwen rand paul today talking about privacy said, i think the like yoursaid if you privacy, you can keep your privacy. What is the white house doing, though . Didnt the president have a bunch of several democratic of calm themo sort down . The white house is paying attention and they had the first alldemocratic senators meeting Midterm Election year over on wednesday night, all 55 invited, most came. Theyre basically saying, look, the best thing we can do is get and working, the rollout working but there is deep anger here among the democrats. Some of them didnt want to vote for this in the first place but they walked the plank and now they feel no one has their backs on this. All these outside groups are them up and the white house isnt defending them. A quote from a democrat from a couple of years ago, it might Chuck Schumer saying, in two years this will be a political advantage, you wait and see. Its obviously not. Gwen still waiting. Is there any chance that could change by november if the plan starts to work better or is it too short a time to change dramatically . At the very least they hope it will be neutralized and the to to will stay opposed but its the independent whors who may know someone knows someone who actually is on insurance now so they believe if fixed, moreis if i people sign up, it will improve be toot but then it may late in some respects. How much of a consensus is side on the republican about focusing on this issue . Because its not across the to sit backhey want and let this selfdestruct, right . Republicans realize that is a big issue but one thing we saw interesting this senate was moving for it on the spending bill, 1. 1 trillion spending opportunity toan defund this but republicans have a new sense of discipline. Cruz was thinking about gumming up the works and decided against it so they really believe obamacare is a that hurtsue democrats so they did not take away the funding for it because of itself itin and hurts democrats. They dont want to look obstructionist. An element of the party that Still Believes in obstruction strategy. The party butt of the house voted overwhelmingly spending bill as did the democrats but it is playing out in primaries. Gwen into any democrats have a strategy for saying obamacare is good yet . No one whos facing a tough reelection battle but they definitely are collecting stories from their states and to showo have anecdotes that some people are helped out by this and there are, of course, people being helped out. Gwen but they havent figured out a concerted way to make the case. Too toxic. Gwen thank you, everyone. We have to leave you for now. Conversation will continue online. We have a lot to talk about so well go there and tackle all we didnt get to here, including the rash of could reshape contract. That streams live at 8 30 weekend longall and at pbs. Org washingtonweek. Daily developments now sevenmeights a week on the pbs news hour. Be sure to do your best on the coming king holiday and well week onhere next Washington Week. Good night. Captioned by the National Captioning Institute www. Ncicap. Org Corporate Funding for Washington Week is provided by we went out and asked people a simple question, how old is the oldest person youve known . 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