Page 3 - Harder Question News Today

Have done that in the courtroom in a very inclusive way. nobody wants to have the finger pointed at them and say, youre a racist. everybody will react and say, no, im not. you can say, we live in a culture thats steeped in a number of racial biases, and that can affect our thinking and lead to implicit racial biases in all of us, including me. its extremely common. i asked you to really think deeply about that and put that aside in a case where theres a white man alleged to have shot into a car ...

Say this -- >> overcharged. >> overcharged, thank you. but i guess the question is, if she hasnt gone for first-degree, would we be saying she didnt shoot high enough? given that were talking about murder. >> no, i dont think so. heres why. first of all, theres a great strategic advantage if she just charged him with second-degree murder. she would have had a jury of six in florida, not 12-of course, its much easier to get consensus from six people than it is among 12 people. that would have bee...

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 ...

Al qaeda and those are hotly contested issues. were saying and weve said against the government that at the time that an kwar al awlaki and the others were killed there was no around conflict in yemen and the government instead of saying here are all the reasons why theyre saying we dont think the court should look at it -- >> just to be clear, the governments law is to secure states secrets. >> saying they have no role in assuming its an armed conflict. >> i dont think you could possibly make t...

Wise or moral, whats the option? >> i think the second prong is important. there needs to be a serious inquiry and feasiblelet of capture. again, i go back to the question if its a armed conflict. i dont think theres if theres evidence that hes engaged in ongoing attacks and capture is not feasible, i dont think its as hard of a question. if that information is not accurate and were talking about operating in a self-defense rubric, i think that there needs to be extremely high demanding standard...

A challenge for me and my successor for some time to come. theres a remoteness to it to make it telling too somehow think it can without any mess on our hand solve the veking problems. that gets to the question whats the bar for actually doing this stuff. i want to talk about that and the concept of imminence and how important that is and then whether we are at a perpetual war. what does that mean for the way we operate, as citizens, as a nation right after we take this break. one? think again. ...

Different said of understandings. he was working on the high-valued targeting program and i talked to him about the kill of the boy. >> hes a 16-year-old boy, son of anwar ail awlaki. >> he said theres a reason im not doing this anymore. stanley mcchrystal who ran it and is often associated even though hes a social liberal, mcchrystal has come out and said this is a counterproductive policy because of the potential for blowback and the hatred that it inspires. you asked what sounds like a simple...

Citizenship here is because its clear that citizens have a right to the courthouse, they can get into the courtroom door where its less clear with noncitizens. >> i think noncitizens have the right to do this as well. >> listen, i completely agree with you. unfortunately the courts havent i mean its their problem. theyre wrong. >> but this does get back a little bit -- i dont mean to be repeating myself, but this getting back to the question are we in an armed conflict or are we not because its ...

Under. if were operating under a war construct and if theres a huge question on who qualifies and when that war ends, its a debate that needs to end and i believe the administration add least hinted through a speech that was made back in november by the former general council to the department of defense its a huge critical question, and in war, killing is permissible. this is not torture. tortures imper messable in every situation. killing is permitted in war. and the question is what do we do ...

To do is to ask the question about this precrime stuff and the criminal laws more complicated on that. we not only have a law of murder, with very a law of aiding and abetling and conspiracy to commit murder and under these circumstances if theyre engaged full-time conspiracy, its certain they could be prosecute nard if we send out the call and say, come on home and be prosecuted. theyre going to flee at that point. they become outlaws. so i dont think youd f want to say every man in yemen count...