Can actually solve some problems. This reform comes as close to anything we have got to a law that will benefit everybody now and far into the future. So lets see if we can get this done. And lets see if we can get it done this year. Contractors involved in the troubled rollout of the nations new Health Care Exchanges appear before Congress Thursday to face questioning from lawmakers. The online portal for uninsured americans and 36 states has been marred by crashes, glitches, and system failures since it went live earlier this month. Cheryl campbell of the cgi federal about improvements in the coming weeks. The system will continue to improve. From our perspective, as painful as it sounds, i know the experience has been a difficult experience. The system is working. People are enrolling, but people will be able to do so at a faster pace. The experience will be improved as they go forward. Byple will be able to enroll december 15 time frame. We will have more on thursdays hearing later in the broadcast. Two members of the National Guard were wounded on thursday when a subordinate open fire at nab facility in tennessee. The gunman, a National Guard recruiter, was been relieved of his duties he retrieved the weapon from his car. The Lincoln Police chief announced the shooting. About 12 33 we responded to a 911 call at the ra national National Guard unit. When officers arrived, we had to individuals that had been injured, one suspect who is in custody at this time. A 13yearold boy has been shot dead in california after police mistook the public and he was caring for an assault rifle. Andy lopez was bringing the plastic replica weapon to her friends house he was spotted by police. Believing the pellet gun was real, lopez was shot dead within 10 seconds. The two officers have been placed on leave. 125 groups of over led by the aclu is seeking a Justice Department probe of the new York Police Department spying on muslim communities. The nypds demographics unit, as it was known until 2010, has secretly infiltrated Muslim Student groups, sent informants into mosques, eavesdrop on conversations and restaurants, barber shops, and gems, and built a vast database of information. The program was established with the help from the cia, which is far from domestic spying. In a letter, the Coalition Says two africanamerican customers have accused the highend new York Department store Barneys New York of racial profiling after they were detained for making expensive purchases. Rayon christian, 19, was arrested moments after buying an expensive else. Despite showing his id and debit card to undercover officers, christian was told the purchase was suspicious because he cannot afford to make it. Lawsuitn has filed a against the store. Another African American chopper has come forward saying she endured a similar experience earlier this year. The National Action network has vowed to picket barneys alessi alleged racial profiling stops. Two people were arrested the city college of new york and the protest at the closing of a hub for student activism. The student and Community Center was abruptly shut down last weekend after School Officials said they needed the space to expand the campus Career Services offices. Student activist said they believe the center was targeted in retaliation for the recent protest against the hiring of former cia director and military general David Petraeus to teach a course. The chair of the center, sheppard mcdaniel, said student activists are being silent. Thanis is a lot bigger just the administration here at city college. We know this is coming from the federal government, particularly with the petraeus demonstrations going on and organizing for those took place in that center. It has been a target. At this point, that is really trying to silent student rights in terms of first amendment, in terms of a neville to organize against dissent and so forth. Protesters held signs condemning the killings of children and other civilians as they stood in front of the entrance to handcuffed Hank Hatfield near syracuse, new york. Calling the drone strikes illegal, the activist had argued in court their intent was to uphold the law, not break it. And the former head of the National Security agency has been subjected to some unwanted eavesdropping of his own. Achael hayden was riding train from new york to washington, d. C. On thursday, giving an off the record phone interview as an anonymous former official. He did not realize who is sitting close to former moveon tog director who proceeded live tweet his account of heyns phone call. Ie says heyns comments included Harsh Criticism of the Obama Administration as well as bragging about the cia renditions program under president george w. Bush. Those are some of the headlines. This is democracy now , democracynow. Org, the war and peace report. Im amy goodman with juan gonzalez. Welcome to all our listeners and viewers from around the country and around the world. The Obama Administration drone and targeted killing policy will come underscore need today at the United Nations. The u. N. Special repertory human rights and counterterrorism is scheduled to present a report that concludes at least 400 pakistani civilians have been killed by u. S. Drone strikes over the past decade. Victims have been deemed probable noncombatants. The report also looks at u. S. Drone attacks in afghanistan, iraq, libya, yemen, and somalia as well as israels use of drones in gaza. The u. N. Report comes at a time when u. S. Drone policy is facing unprecedented public criticism. Earlier this week, Amnesty International said some drone killings in pakistan may amount to war crimes. Human rights watch criticized u. S. Drone strikes in yemen. On wednesday, and pakistani Prime Minister nawaz sharif urged u. S. President barack obama to end drone strikes in pakistan. Pakistan and the United States have a strong counterterrorism cooperation. We have agreed to further strengthen this cooperation. I also brought up the issue of drones in our meeting. Emphasizing the need for an end to such strikes. During his public remarks with nawaz sharif, president obama did not directly address the u. S. Drone war. We talked about security and the concerns that both of us have about senseless violence, terrorism, and extremism. We agreed we need to continue to find constructive ways to partner together, a way that respects pakistan sovereignty, the concerns of both countries. I am optimistic we can continue to make important strides in theng forward because both pakistani people and the American People have suffered terribly from terrorism in the past. One day after the pakistani leader met with president obama, the Washington Post reveals how the u. S. And pakistan communicated about, and in some cases coordinated, dozens of drone strikes in pakistan from late 2007 to late 2011. To talk more about this growing debate, were joined by ben emmerson, the United Nations special repertory human rights and counterterrorism. He will be addressing the u. N. General simply today. Welcome to democracy now talk about your findings. The first point to make is this is not a final report. Findings is perhaps putting it too high. This is a process of dialogue which will involve a number of reports, but the general simply in the Human Rights Council. What i am presenting to the general simply this morning as an interim report. In terms of the key issues, what we sought to do was take an overview of the use of deployment of armed drones both by the u. S. And the United Kingdom in afghanistan and other parts of the world, and by israel and gaza as well. And to get a sense of the difficulties involved in assessing civilian casualties. There are real practical problems in that process from a partly due to the lack of transparency from the states and gauged in these counterterrorist engaged in these operations. And partly because of the sheer topographical challenges involved in conducting investigations in these largely ungoverned or poorly governed spaces. So at this stage, the principal recommendation of the report, where states have a credible information from any source, including sources like amnesty and Human Rights Watch, as civilians have been killed or injured, then they are under an obligation, of course, to conduct their own investigations toand no doubt, all states conduct their own investigations wind up on this technology. The for the public process, more and partly, the results of this investigation should be disclosed. We have seen in afghanistan, a couple of instances where the u. S. , in one case the u. K. , have released investigation reports or the summaries of the findings. Drone strikesg were civilians have been killed. That type of transparency goes an awful long way to a link peoples concerns allaying peoples concerns that there is a this portion at risk of civilian casualty. Matter, do you see problems with the u. S. In were of recognizing seeking to report civilian casualties . Principal historical problem, clearly, is that somebody in the earlier administration, the bush administration, thought it was a small smart idea to hand control of what amounts to the delivery through the air in an act of war, to organization, the ,ia which by its own terms as with all secret intelligence organizations, cannot either confirm or deny the existence of its operations. Operating essential corequisite for clandestine intelligence organizations and exactly why i destined clandestine organizations are not the right body to the carrying out acts of insurgency warfare. Obviously, one of the principal tenets of the president s speech in may was that the use of drones would migrate away from cia and into the hands of dod, and that is certainly heart of what we would see as a development toward transparency ethic and ability. Going from cia to pentagon. The stateis week, Department Spokesperson suggested amnesty and Human Rights Watch were overestimating the number of civilians killed by u. S. Drones, but offered no facts to back it up. She was repeatedly questioned about why the administration has refused to release the information about civilians killed by u. S. Drones. Do you counter with your own figures . We do certainly have could you tell us what these figures are . I knew that is where this was going. I think i make a point when we make determinations about issues like this one that substantial information concerning u. S. Counterterrorism strikes is collected through variety of sources and methods. In order to protect these sources and methods, we cannot make much of this information publicly available because we want to have access to that information in the future. A full, holistic picture of what happened before and after such operations to make determinations about these things. So it is a much more complete picture than anyone Nongovernmental Organization would have on the ground. But these are two organizations which you have held up in the past as conducting accurate and credible things like syria. Every situation is different. Xo they just dont know what theyre talking about we dont make link it statements before seeing them. That would seem unreasonable. Ben emmerson, your response . Well, first of all, the core of the problem with u. S. Governments refusal to identify its own estimates of civilian casualties lies in what we just heard. The justification this would compromise sources and methods. Obviously, i am not privy to the details of that justification, but what i do know is that the director of the Central Intelligence agency, john brennan, during his confirmation hearings himself suggested transparency and accountability calls for the release of cisely the information being suggested the information cap be safely released. One would have thought before making that statement, to stir brennan, who knows a thing or two about intelligence risks and the need to protect sources and methods, wouldve had those considerations well in mind. The basic position that my report takes on this question is that considerations of National Security may, in certain circumstances, may justify withholding limited information about particular strikes. If you do that would compromise an individual source or an individual operation. But that in general, statistical and methodological information can safely be released and should be released. And by that i mean explaining how and why the position has been taken to calculate a particular strike, the number of civilian casualties. Because there is a big dispute about who is a civilian in this context. I would like to ask you about the actual legality or illegality of the drone strike. We have seen in many of these countries this dance of the one hand of the leaders of the countries condemning the strikes while on the other hand are getting reports among journalists close to Power Sources in the u. S. That this is merely the local public consumption, the leaders are really supportive of the strikes. This whole issue of how you see the actual legality of the strikes . All, they are two separate questions. First is the issue of consent to the use of force on the territory of another state. And although i take the description you give. In reality, the allegation is only the level that pakistan, or the was saying government was sam public for public consumption it was opposed to the use of drones strikes while in private consenting to continue the operation. I indicate in the report that air is pretty clear evidence that was the position in the past. We have seen some recent weeks and the Washington Post it was president musharraf himself indicated that was the position in the recent interview during the pakistani president ial elections. The governments of change and situation change in the 2012 Pakistani Parliament passed a resolution, the effect of which was to rescind all prior consent and to require consent to be done about order, to be done in writing cant to be provided to the relevant committees, to be approved during debates on the floor of the house of parliament. But that hasnt been done. Therefore, whatever levels of cooperation they may continue to be at the intelligence level. The elected representatives of the people in pakistan unanimously have adopted a position the government cannot, lawfully consent other than by doing so through a prescribed procedure. The short answer to the question is, my view, certainly on the information i have received from the government of pakistan over and extensive period of time, is this is not by any means a statement as to the position in the past but currently pakistan does not give valid consent to the use of force in its territory. I want to ask you about israels use of drones in gaza. What did you find . Withe of the difficulties analysis on the position in israel is that, currently, israel has suspended its relations with the Human Rights Council. The consequence of that is that israel is not formally cooperating with this process so far and have done this because . Suspended their relations with the Human Rights Council . It is in relationship to settlements, not the drones. That is the position as we sit here today. I think all of us within the u. N. Are optimistic that israel will shortly reestablish its relationship with the Human Rights Council and the High Commission has called on israel to effectively reengage. And that is in fact part of the reason, by no means the only reason, but part of the reasons why this process needs to take place over a period of time. I hope those who have been following this process will see from the content of the report that i have tried to do justice to the position of all sides in this debate. I make it absolutely clear that i would not want his report to be held up as though it were a condemnation of the United States. We are nowhere near that position at the moment. What were seeking to do is encourage states to engage constructively. You ask about law. The fact of the matter is, there are many crucial areas in this debate on which the International Lawyers disagree. And states disagree. The u. S. Has an analysis which in some parts of the world is regarded as legally unsustainable. But in other parts of the world, regarded as credible and realistic. And as a modern adaptation of the geneva convention, where one party to a conflict is a Nonstate Armed Group enables a terrorist position. You also raise questions about how the u. S. Defines associated forces or co belligerence as a rationale for some of these. Could you expand . One of the lessons of the past decade since the crime against a minute committed in 2001,rk and washington in is that attacks that have been mounted were destroyed al qaeda central have been significantly successful, but the consequenc has been like the hydra where the head is cut off. Italyve someone pledge allegiance to the same fudging allegiance to the same philosophy of all violent extremism under the name of politics and within antiu. S. Agenda spreading from central north africa right away