Page 20 - Balancing Test News Today

Demonstrates how daunting a task it is to protect against attacks, and, really, the balancing test that has to go on in society about allowing access, the access we all want, but also striving to provide as much security as possible. >> yeah. robert, same to you. i mean, whats your sense of it? are you feeling less secure today? >> i dont know if im feeling less secure but i am feeling, theres no way we can be 100% -- safe if you will. feeling safe or secure. when you go a mall, a grocery store,...

Fantastic, great ideas all of them, but to call the police, what youre doing is saying to all patrons of that business, you come here, and you risk, whoa, one beer maybe ill call the cops if you have one, two, three, maybe call him then. its the kiss of death for the business to do that kind of thing and the bar owner was perfectly within his right. >> megyn: youre on the bar owners side. okay, but mark, if she hadnt called the cops and the guy hits and hurts somebody while drunk driving his car...

Right, in which the balancing test. the balancing interest is can you capture them and is there going to be undue harm? will it be too hard? you can malk a scenario in which the test that is laid out in the white paper leads do you the conclusion that under that balancing test you strike it. >> i think -- >> you want to attack the test. but before you start to say that these things are likely to happen, if you had a pramg like this going on -- >> i didnt say exactly. >> even impropable. the key ...

Of americans. were talking about making decisions based on secret intelligence. and we see in this memo that some of the definitions are a bit more elastic and open to interpretation than the administration has publicly let on. >> mike, on the three part, so it has to be eminent risk. and you just described the broader concept of eminence, which is the phrase in there. >> yes. >> and that there cant be a capture that were killing somebody because they cant be captured. there is also an elaborati...

And you just described the broader concept of eminence, which is the phrase in there. >> yes. >> and that there cant be a capture that were killing somebody because they cant be captured. there is also an elaboration on that which it seems to me seems to be quite a wide definition. im fascinated by the fact that we dont really capture terrorist suspects in yemen and somali and pakistan and these other places where we know drones, american drone strikes have killed people. people get killed there...

Again, thats a factor that was not stated publicly by attorney general holder. and raises a host of questions. what is an undue risk? who determines what that risk is? and how is this balancing test met? there is always language in there that suggests that if the host government where the target

This is a very tricky balancing test for the nine justices. we expect their opinion by june. shep? >> shepard: shannon bream in the d.c. tonight. historic day for cooperstown for just the second time in more than four decades. the baseball writers failed to elect even a single former player to the hall of fame. of course, the biggest names on the ballot all faced steroid allegations. the home run leaders barry bonds seven time cy young winner and sammy sosa. need 70% of the writers vote to make ...

Homosexuality and would like your rights there is an equal protection clause in the constitution. so the court is actually going to be visiting this and applying a balancing test to what if any rights gay people and gay marriages have, and apply it accordingly. it will be interesting to see how the court particularly will interpret that classification of people, specifically homosexuals and what they want to do, which is get their full rights as any one of us members of society have. that is goi...

>> neil: your -- heres something you dont have to be a lawyer over. this bugs me. it lets out a antibusiness bias. not just from you. >> im a business owner, by the way. >> and youre a person and a nice person. my point is it is so weird for a whole convention hall of 20,000 people to clap and roar when she says corporations are not people. im thinking the people who run corporations say thats a fox nut alert. >> and all the people employed by corporations everywhere and getting money from corpo...

Faith might have a point, they may be probe ty, but will this preaj the defendant? obviously f be they introduce anything that he intended to do what he did at the movie theater, its going to be prejudicial can, but its a balancing test, and thats why the judge needs to make the call. >> just because something in a record may be bad, that doesnt mean they arent allowed to be turned over. thats unfortunate for him, but prejudicial to who? were not talking about a jury right now. were talking abou...