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states right now. the obama administration says it is taking pakistan's concerns very seriously. but it won't back down from tough questions about who may have helped bin laden or from its defense of the raid that killed him. >> we also do not apologize for the action we took, that the president took. he said dating back to the campaign, if there is an opportunity to bring osama bin laden to justice and he's on pakistani soil and this is the only way we can do it, do it unilaterally, he'll take that chance and do it and he did. it simply is beyond a doubt in his mind that he had the ...

Of al qaeda, it is simply not there. we don't have capacity no matter how many interrogations there have been. some were relying on the fact that some had a watch, very common watch, that was given out at a certain al qaeda training facility to say here's the link. as though somehow there are 1 million people with that watch and that's the evidence we're relying on. when you see this as a lawyer and someone who has been a federal prosecutor, you look at how does it make you feel in that capacity to go forward? >> i think it shows that the original sin was setting it up in the first place. we h...

Population. this is a deeply pro-taliban heartland where nato will always have its work cut out. >> all right. thank you, nick, for that report. joining us from mnew york, you are no fan of our afghan policy. welcome, peter. >> good to be with you. >> here's my question. is this horrific unfortunate fact pattern a metaphor for everything wrong with our afghan policy? >> it's a metaphor for what's wrong with our afghan policy and a big problem in its own right. we have spent billions of dollars in kandahar province trying to round up the taliban to arrest people. 450 people who escaped are some...

What it really underscores is that the counterinsurgency strategy that we embarked is not working and cannot work. counterinsurgency strategy depends on having an afghan partner. it depends on the government winning the trust of the population. and when they win the trust of the population, people are then going to be prepared to turn against taliban and to inform and this escape took place with not one person in kandahar informing on the very unusual developments such as you're discussing earlier how they dispersed the soil. >> you know, peter, it strikes me almost as an impossibility this wa...

Appear to have done nothing held for many years. the ability pro project dangerousness is very difficult and we weren't always right. >> peter, you were the expert in al qaeda. you're the expert in gitmo. it seems we have to place to send these guys and not enough evidence to convict any of them. we can't release them because some of them are dangerous and so no president will do that. does gitmo just become a permanent repository for these 172 people? >> that's what the obama administration seems to have concluded. not 172 but certainly a large proportion because a group yemenese and because ...