stated the framework under custom we make the determination about collateral damage or the killing of innocents. in in case that turned out to be wrong. the standard that the president put in place is very high near certainty that there won t be death to civilians. this didn t meet those standards. the protocols were followed the standard whether or not this was a military facility where al qaeda operated out of and was a threat to our forces was accurate. but hostages were held against one of the facilities we took into action. what the president said here is we should take another look because it was a tragic accident. you say that the protocols he announced all of these in may 2013 almost two years. but it doesn t seem like many of the new protocols have been implemented. he wanted to refine and repeal
in our briefs, there s five votes including justice kennedy justice ginsberg and justice justice once the case was finally decided because of the inherent rights of individuals, we can count the justices that already decided the defensive marriage case and their explanation why they decided that. does it matter if it s 5-4 or 6-3? does it have a different impact? i think civil rights cases ought to be decided 9-0, 8-1 the way the civil rights decisions were largely made. it sends a message this country doesn t tolerate discrimination. i think the more justices that sign on, the better. i think if you just look at, you are reading tea leaves, look at
casual tees. in that case here it turns out not to be correct. and that s why the president asked for a review. a. but is it a failure in intelligence. i said the protocols were followed and it was accurate with respect to whether or not this was an al qaeda facility. but in fact there were hostages being held there. now, it is difficult to know that obviously. i spent a lot of time for example, working on the hundred for bin laden. it took us years over the course of two administrations to find him. he is a very tough business. and if you are looking for again, as tragic as this was, two things this is very important to protecting the united states and secondly and if you are looking for accuracy you are not going to find it in the war setting. i m now joined by mike azello an expert on drone warfare. mr. zenko, welcome to meet the press. let me ask you this. the drone program as it stands now, is it as necessary and successful as you heard it
windsor. i think it s very hard to see how any one of the five majority justices would decide this case differently. on the other hand, i think it s hard to figure out for sure that you can get any one of the four. always a pleasure. we bring in the panel now. we ve got the republican governor of arkansas asa hutchinson. i went through the states rights argument on this front. do you believe you re an attorney i believe. do you believe there is a line you can draw between saying the federal question is states have to recognize versus the question of whether states have to authorize? i thought your arguments were persuasive in the previous discussion. i think there is a way the court can do that. if you look at the windsor case that was spoken of, it was not just how gays were treated that was part of the decision, but
they were in the military facility. if the united states decides to take action against a american there are processes in place that allows that. had we known there were americans there the drone strike would have been at least delayed until they got the proper protocol. there would have been a review an additional review by the attorney judge and justice department with respect to ensuring that the constitutional and statutory rights of those individuals were protected. final question do you believe this was an intelligence fail oou? this is not a raid against a military facility. it was based on hundreds of hours of intelligence. and the assessment that it was an al qaeda compound in the military war zone was correct. secondly with respect to the near certainty standard with respect to not having civilian casual tees. in that case here it turns out