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