0 >> we find out that somewhere in yemen or somewhere in saudi, somewhere in pakistan, we understand that there's an activity that's basically a group of people putting together a plan to attack us. we have three ways to stop that. we can use the drones, we can use the seal attack. or we can invade the country and go to war. it seems to me you've got to make a judgment. i don't know anybody of any persuasion that down the road will be able to stand up and say i knew we had the enemy attacking us. i knew they were planning stuff. i knew who they were. so in the end, you have to choose. you have to choose something to do. >> this week, particularly, we're rolling a couple of issues together. there's an issue of whether you can use the drone to attack an american civilian. that's what the memo was all about yesterday. >> what's wrong with sticking the judgment of people around obama and not trusting the judgment of the value of people around dick cheney? >> if you give the power to this president, then you can expect the next president to have similar powers. i commend everybody with the yugs of drones and attacking not american. >> what's the difference between an american drone attack and a seal attack? are there less collateral damage? >> if you read the new york times this morning, it talks about instances. >> so what do you do? than what's going to happen in the future. and i really think that's -- so my issue is not so much that the decision was made to go after awlaki. >> what should be the protocol? >> i think what they do is fine but there should be something like the fisa court that can -- look. as a practical matter, it's going to rubber stamp most of what the white house wants to do. >> and this would be like going to a judge for a warrant. >> right. there can be an outlier. there can be a case in which -- >> the interesting thing -- >> a dispassionate observer decides, you know, this is not fairly right. this is too close a call. and i would like -- >> you would like to have a dialogue where someone says are you sure there's an actual terrorist plot here? your intelligence could be your standard? >> there's a whole conversation about imminence and what does imminence mean. and i get imminence doesn't mean the hijackers are boarding the planes. it's way ahead of that. but there's -- >> there's a benefit to having a fisa court too. i know people that worked on the fisa court. it makes the people coming to the court -- this is when you get wiretaps. it makes them do their job better. they have to meet certain standards. >> i like this. we're raising a lot of questions here. one is is there a terrorist attack at foot? is there an american involved? and how do you trade off civilian casualties, collateral damage if you want to call it that, and american casualties? mike rogers chair of the house intelligence committee defended the president today and he's a republican. he said that anwar al awlaki deserved to be killed. and he countered the criticism that there's no oversight of the program. let's listen to him. >> this is somebody who had said that he didn't want his u.s. citizenship anymore. he had officially joined al qaeda. al qaeda he did claired war on the united states. once you made that choice, you no longer get the protections you would. if you've joined the enemy overseas, you've joined the enemy overseas and we're going to fight them. we have oversight into it. i knew about the operations. the targeting sets all of that leading up to it including very shortly thereafter. and i review all of the air strikes that we use under this title of the law. >> well, that's a good interview for andrea to get that guy. he says once the guy's turned and it's manifestly so, it's easier for us. it's easier for us. >> it is. but it's not just about policy. it is about procedures. and so the memo yesterday had a lot of troubling aspects to it. as we talked about yesterday throughout the network. and so if you want to do these things and if you could make a good argument, then you should have a good procedure that reinforces that so there is some what of a semblance -- >> tomorrow john brennan, will he hit on this tomorrow? >> you'll hear a lot about this on the hearings. i don't think he'll get beat up that much. but people will ask questions they ought to ask. he has talked about this to the extent he can. >> there's one big issue described by people in the white house. >> i'd trust you running a fisa court. i would. i'm not sure just some judge doing family court -- i want to know the person that has sensitivity about what america needs for its defense and what we need to protect our constitution. both. >> it's just having an unbudsman type person overseeing this saying bring me better intelligence, let's double check. and in some administrations you can trust that perhaps more than in others. so it's good to have an independent look. >> that's republican paul broun. good luck, republicans, with that rebranding. and don't miss the rick perry, jerry broun smackdown. two governors who have very little use for each other. this is "hardball," the place for politics. she knows you like no one else. and you wouldn't have it any other way. but your erectile dysfunction - you know, that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. if the post sal service gets its way, it won't be getting mail to you on saturday anymore. the postmaster general made the announcement today. it's expected to save $2 billion a year. but the decision has touched off a fight in congress as well it should. republicans want to cut costs but democrats worry the jobs will be slashed. if the plan goes forward, saturday delivery will end this august. we'll be right back. ♪ [ female announcer ] for everything your face has to face. face it with puffs ultra soft & strong. puffs has soft, air-fluffed pillows for 40% more cushiony thickness. face every day with puffs softness. ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. 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