o. >> on "america tonight": fallout from the torture report and the warnings it raises about those prisoners still in limbo at guantanamo bay. >> translator: that's not a prison. it's a kidnapping den because a prison needs some kind of law. >> why the shocking efforts of the u.s. to stop terrorism, raises new questions about what our country can do now to keep up the fight. also the fight for a more perfect union. the kentucky couple about a legally united family, could be

the roe v wade of same sex marriage. >> when we started this a year ago, we certainly didn't think it would go to the supreme court, it would pray out way before us. >> adam may on their first national interview on what could change the picture of marriage in america. and a sorority of sorrow. standing together with strain. >> we're not going to take it anymore. we are going to stand for what is right. lives matters and my son's life mattered. >> they lost their sons to the officers they counted on to protect their communities. now the demands of the justice league to keep their numbers from growing about. . good evening, thanks for joining us, i'm joie chen.

with washington still reeling from the blockbuster torture disclosures that put the cia squarely in the hot seat over its tactics with terror suspects there is also expanding concern about america's other efforts in its fight against terror. we begin this hour with a look at guantanamo bay and the detainees still lan quishin languishing in u.s. custody there. daniel schwindler reports. >> it is the largest number of detainees to leave the guantanamo bay prison in cuba since 2009. four syrians, a tunisian and a palestinian. arrived in uruguay last weekend. in all their years at guantanamo, they were never tried or convicted of a crime. in fact they were approved for release nearly five years ago. closing the prison was a campaign pledge. it was back in 2009 that

president obama promised it would be done within a year. it cost the american taxpayer around $3 million a year to louse each of the 136 remaining prisoners. relocating them hasn't proved easy. in this case it took the impression of uruguayn are president jose mohika himself a political prisoner in the '70s and '80s. >> that's not a prison that's a kidnapping den. a judge whoever that may be and minimum reference to the law, that place has none of it. >> the released men are now being treated in hospital before they are resettled in country. their futures are uncertain. the uruguayn authorities are doing all they can to help these men rebuild their lives a long way from home.

president obama points to when he talks about closing guantanamo bay. he's called guantanamo a recruit recruitment tomb for extremists and it's not necessary to keep america safe. >> the idea that we would still maintain forever a group of individuals who have not been tried, that is contrary to who we are, contrary to our interests and it needs to stop. >> in capitol hill there has not been political will to close the prison. 2001 law called the authorization to use military form or aumf. when congress authorized an armed conflict against those who planned the september 11th attacke11th attacks. the detainees still in prison vary greatly. some are of little interest to the u.s. but it's hard to return

them to the countries of origin because the countries in question can't promise to keep an eye on them or stop them from joining terrorist groups. then there are the 70 high level prisoners, deemed unable to be tried but too dangerous to release. the obama administration has proposed moving these prisoners to a military run prison inside the united states where most would continue to be held without trial. but congress has banned transferring detainees to domestic soil for any purpose. daniel schwindler, al jazeera, uruguay. >> looking forward from the enhanced interrogations at guantanamo. serious legal hurdles lie ahead for prosecutors. it is a challenge according to the man who once led military prosecutions at guantanamo. retired colonel morse davis.

>> once it came from the cia program, khalid sheikh mohammed, in september of 2006 clearly came out of that program. the ones that were really, we heard the label the worst of the worst. those really that label applied to the khalid sheikh mohammeds that were part of that cia group that ended up at guantanamo and we ended up with the basket of information that the public is now seeing a part of that we were handed and said hey here prosecute these guys. glpped and you were left with feeling that you -- >> and you were held with the feeling you couldn't prosecute with that? >> to me it was fundamentally contrary to american values. we hold ourselves up as the shining city on the hill. to come into court and say this was obtained by torture is contrary

to what americans sign up for the military to begin with. i said we are not going to obtain any evidence obtained by -- going to use any evidence obtained by torture. i don't want to push the edge of the envelope to see how much we can get away with. we are building the cases contrary to all this evidence that just came out. late in my tenure right before i resigned, i was told by people right above me, the president says we don't torture. you need to take it into court and get these guys convicted. >> why wouldn't you use that kind of information that you believe might have come out of torture? >> well because evidence is supposed to be reliable. and certainly torture is an extraordinary effective tool to make people talk. it's a terrible tool to make people tell the truth. and so they try to take that kind of information that is inherently unreliable and take

it into court, an american court and say this is good evidence, is just i don't think. wrong. the people that put us on the path of torture are scrambling to try to make the connection. you hear them say it led to finding bin laden. be we we water-boarded khalid sheikh mohammed in 2002, and that led to bin laden. lives were saved plots were stopped. give us some specifics because all we've got is vague assertions. and government has shown quite often you can't take them at their words. >> let me make sure, you are not a military person, you are a prosecutor. you are here to put away bad guys. >> but with reliable evidence

before punishment is imposed. we haven't had a good track record at guantanamo in particular of doing that. >> is it going to be possible given what we've learned, is it going to be possible to prosecute all those who remain? remain. more than 80%, the people we were told are the worst of the worst are no longer at guantanamo. about half have already been cleared to be transferred out. the administration has bought some more time. our justification has been that you can detain the enemy for the duration of the conflict and president obama had said the conflict in afghanistan was going to end by december 31st. recently, though he's extended active combat operations so it gives a little more breathing room on what to do with that group of detainees. but at some point they have to be prosecuted or transferred. >> colonel morse davis, thank you. >> my pleasure.

the obama administration's favorite tool in terroristing suspects has been the drone strike used extensively in yemen and pakistan. unintended victims as drones rain down on other targets. a yemeni man's attempt to find justice for his family have exposed secrets about america's drone program. it was late summer in eastern yemen the year 2012. 2012.. the entire village gathered to see him get married. his brother-in-law and nephew led the men in celebration. just two days later, both salem and walid were dead. the yemeni government said they had been killed by a u.s. drone strike. >> translator: we heard three

or four massive explosions. rockets hitting from the sky. and we hurried up towards the mosque and found them. body parts all over the place. it was a dark and disastrous day day. >> reporter: the yemeni government described what it called a u.s. mistake, one that provoked a furious backlash, with a u.s. ally. the protest died down but aa year later, he took his search for answers to washington. >> we were trying to directly find an explanation for what happened and why this car was hit when salem and walid were there. why now? what exactly took place in the moment? we needed transparency, we needed answers. the war planes are still there overhead and no one knows who's

likely to be the next victim. >> but jaber said he left washington with few answers, about a program that most americans don't know much about. the first drone strike in yemen came in 2002 as part of the effort to target members of quap quea al qaeda in the asian peninsula, aqap. >> it is a hard fact that u.s. strikes have resulted in civilian casualties. those deaths will haunt us as long as we live. >> months after he got home, jaber says yemen's intelligence service called him in and offered him a plastic bag full

of $100,000 in freshly minted u.s. bills and was told by a yemeni official that the money came from the united states. days later, jaber says another member of his family was wired another $100,000. but even in yemen where the average income is just over $1300 a year, the money wasn't welcome. >> translator: it never occurred to me that compensation would be offered in such a humiliating way. that the money would be given to me in secret. we're seeking justice. this isn't justice. it sends the wrong message to the families of the victims and to the people of hadrumud that their blood is cheap. >> we know very little about what happens in the aftermath of a drone strike. >> michael isakoff is an investigative journalist who first reported the story for yahoo news. >> this was an individual who met with officials from the

white house. asked for compensation. get commonned and given a bag of u.s. cash. and then, his family member is government. how many times has the u.s. government done that? >> the u.s. military does have a history of giving compensation for civilian casualties in combat. so-called condolence money paid out during the korean war to more recent conflicts in afghanistan and iraq. but the details have always been claidclassified, leaving the pas as in shadows as the drone strikes itself. >> who are the payees, the u.s. government has never provide answers to that. that's what makes faisal jabar's story so significant. it is really the first window we

have into these sorts of payments. >> to date, the u.s. government has neither confirmed nor denied the payments to jaber or even that the drone strike was a mistake. >> you can look at there as a humanitarian gesture on the part of the u.s. government, or you can look at it as damage control by the cia. regardless of where you come down on this question, there needs to be more transparency here. >> whatever the motivation behind the payments, it is clear that at least for these victims, money hasn't healed the wounds. >> the way they dealt with this case says a lot about how money in their view could make up for lost lives. it's a imol of acknowledgment for the victims families and the difficult suspicion they've been left with but -- difficult circumstances they've been left

with. but that money should come with an apology, an admission that they made a mistake. >> daniel rothenberger, author of drone wars, these unintended casualties in the course of these drone strikes and yet this is a favorite option for obama administration, targeted killing. doesn't seem like the numbers that's a very successful model. >> i think what you're getting at there, sometimes the drone policy is presented as if its primary goal is to take out and engage in killings of the highest levels of leaders , al shabaab, and alkani network. it appears that many of those targeted are not high level players but in fact they are mid level or maybe even lower level

players within these armed groups. >> and then the unintended consequences, the loss of civilian life, innocent life that's just an acceptable risk to the administration? >> that's an excellent question. you know warfare involves destruction and killing and they're both legal and moral obligations to minimize civilian casualties as possible. that's as true for drone strikes as for other uses of force. >> let's talk a little bit about what the meaning of a compensation like we're talking about in fasal's report, you can't speak for that particular incident but why does the u.s. government, why would it pay this kind of compensation? >> well, the u.s. has been involved in paying compensation to victims, people have either had folks in their family being killed or injured or having lost material possessions, you know of animals and crops and the like. >> but what does it do?

>> well, there's a moral and there's a strategic side to it. on the moral sidists a way of offsetting the harm that is the part of practice of warfare, particularly in these counterinsurgency environments, a way to win over or have a support of a victim who's being subjected to violence on both sides. >> thank you daniel. >> thank you. >> next up after the break: the kentucky couple whose search for a perfect and legal union could make their case for same sex marriage the first to be decided by the u.s. supreme court. >> see all the work you've done, all these leel matters, you still lack the rights of heterosexual folks there? >> very much so. our need is to put both our names on the birth certificate as parents.

>> why their case could become the roe v wade of same sex marriage. they lost their sons at the hands of officers sworn to protect their communities. what the justice league is seeking now.

>> it's been a big year for same sex marriages. 35 states decisions and appeals are pending in ten more. the fight continues and now the nation's high court looks ready finally to weigh in. in an exclusive national tv interview, maintain's adam may introduces us to a kentucky couple whose case could be the one that changes marriage in america. >> he teaching your child to drive. ilestone memory for any family but these father and son are not a legal family at least according to the laws of kentucky. >> greg, a kick in the gut is what he's used. >> michael de leon and greg bork, have sued the state of kentucky and its governor. their case is called bork versus

beshear, the case that will go to the u.s. supreme court. >> when we started this a year and a half ago, we certainly didn't think we would be a case going to the supreme court. we thought that would be played out long before us. there were so many states in the queue before us and we thought this is going to get settled before kentucky makes it to the supreme court. and sure enough all the other circuits have ruled in favor of marriage equality department for the 6th circuit, actually, and we're shocked. >> the sixth circuit is called unpredictable and it was here in october that michael and greg lost their appeal. upheld in kentucky, michigan, ohio and tennessee. in the only appeals court ruling so far that upheld bans, judge jeffary suttojefer jeffrey sutton wrote, the

couples of the same sex do not have children the same way as couples of opposite sexes. that's obvious to michael and greg. they adopted their two children, bella and isaiah. they have had to jumped through hoops to, that don't treat same sex couples equally. >> it's been a challenge over the years. even before we had children we had to go to extraordinary means to kind of simulate a marriage in terms of legal rights but with children it goes to a whole different level. we've had to set one of us up as a legal guardian, michael's the adoptive parent of our two children, i'm the legal guardians. over the years we've had to have those revised numerous times, we've had to have wills revised. there are numerous things that had to be taken into account because we didn't have that legal status of being married.

>> all that work being done, drawing up legal agreements are you still lacking the same here? >> very much so. but the big thing for us is to be able to put both their names on their birth certificates as parents. >> you don't have that. >> we are still prohibited in doing that. we wanted to sue for marriage equality because we have been parenting these children for 16 years and as far as state of kentucky is concerned i have no legal claim, no legal status. i am a legal guardian -- >> your name is not on the birth certificate. >> you're their dad. >> they would tell you that yes. >> in typical teenage fashion, isaiah backed up his fathers. >> you want to talk? >> about what? >> what is it like to have two dads in the state of kentucky? >> kind of awesome, these two

awesome dudes have been parenting me since i was three years old. and everything that i am the reason why i am the man today is because of these two beautiful handsome young gentlemen. >> he really lays it on thick. >> you must want to borrow some money or something. >> if something would have happened to michael and greg would have no legal rights to his children and that doesn't make sense for anyone. these people raised these children. when i look at them i see a family. it doesn't matter. >> shannon fauver is part of the legal team representing michael and greg and a handful of other kentucky couples also suing. many of the couples are already married in other jurisdictions. michael and greg actually tied the knot in ontario, on the

canadian side of the falls in 2004. that means nothing to kentucky. >> you are not kentucky married. you are just federally married. >> what is the real impact on clients that you represent? >> our clients can't be both the legal parent they have adopted and raised together. >> it is reasonable for government to encourage that a home consists of a man and a woman. >> led the team ten years ago to ban same sex marriage in kentucky. the 2004 constitutional amendment passed here with 74% of the vote, one of the highest votes against marriage equality anywhere in the nation. his group the family foundation of kentucky filed an amicus brief in bork versus beshear.

>> there is no reason why kentuckians have to rely on a law from california. >> do you want the supreme court to strike down all the maicialtion? >> no, i just want the supreme court to allow states to set their own marriage policy. >> isn't this a case though of your religious beliefs trying to inject it into the law? >> if they were religious and a lot of people's reasons are religious, since when is it the court's role to dictate to people what reasons they have for voting for something? this is brand-new, we've always, people in this country have always voted on what their religious beliefs are what their moral beliefs are what their indulge belief intellectual beliefs are.

>> general electric, who employs 6,000 workers in louisville, filed an amicus brief. if the supreme court does not legalize same sex marriage, kentucky advocates may have to go back to the voters. >> you have a constitutional amendment here in kentucky to legalize same sex marriage, a lot of people would say boy that sounds like something that could be decades away. >> it may be. which is why going through the court system is quicker. >> there's mounting pressure on the court to take up the case, pleas from kentucky and louisiana, appeals from companies request like general electric and apple. and appeals from other states. >> do you think it's a case that people will remember in the

years to come? >> i think we'll be studying it in law school, yes. >> we don't have reporters come by to talk to us, we've been sheltered in a lot of respects. if we do end up being part of the case that goes, we aren't going to be able to hide. >> we'll be ready. >> we get feedback when we see people out and they recognize us. that feels pretty doggone good when you can make a difference. >> this week the governor much kentucky has filed that formal petition with the u.s. supreme court. his lawyers said it was important for kentucky and the country for the court to define this question of who has the right to define marriage. one of the reasons the governor of kentucky said is the cases address two important issues, one, can they perform same sex marriages in the state of kentucky and two what about recognizing same sex marriages

performed in other states and those folks who live to kentucky. they got married in canada and moved to kentucky. it means absolutely nothing in the blue grass state. >> what makes everyone feel the the supreme court will take it up this time? >> moving ahead and legalizing same sex marriage, what we have happening here on same sex marriage why they're going to move on this, there is now a dissention in circuits, different playing out than other circuit courts. there is a mention of justice ginsburg, we're not going to stay up there case because there's no dispute here, now there is a dispute, and the deadline is coming up, january is when they will have to decide whether or not they will take up this case and there will be some meetings before that, and the

observers say very likely they will take up the case in kentucky or possibly michigan, a 50-50 shot. >> and possibly we will hear about it by next summer. "america tonight's" adam may, thanks so much. when we return, they lost their sons but not their search for justice. >> the power is within the mothers. the power is within the voters. those badges and those guns belong to us. >> "america tonight's" sarah hoye with the justice league and what it's demanding from washington. later this hour: running wild and breaking bad. >> that is about how they typically add. they settle in and realize that it's not so bad. they can't get away. >> the woman leading the way to a new home on the range. >> a conflict that started 100 year ago, some say, never ended...

revealing... untold stories of the valor... >> they opened fire on the english officers... >> sacrifice... >> i order you to die... >> and ultimate betrayal... drawing lines in the sand that would shape the middle east and frame the conflict today >> world war one: through arab eyes continues episode three: the new middle east on al jazeera america

>> now a senat snapshot of stors making headlines on. "america tonight." dr. kent brantley who became infected in west africa. the city of detroit is ready to close its book on bankruptcy. the nation's biggest municipal bankruptcy will end at midnight. emergency manager kevin orr resigned saying it's time to return the city to regular order.

pakistani teenager malala yousafzai, received the nobel prize. she is the youngest person ever to win a nobel prize. she shared her award with the indian kate kilash saarti. now they're telling their stories. hoping to capture the momentum, protests sweeping the country since grand juries declined to indict officers in two high profile deaths, most recently the choke hold death of eric garner. maintain's sarah hoye has the story. >> we are not going to take it anymore. we are going to stand for what is right. >> women forever bound joined together through loss. they are the mothers of young

black and latino men killed by police who traveled to the nation's capital calling for change. >> my only son, clinton allen, was shot and killed by dallas police officer on march 10th, 2013. clinton was only 25 years old and he was shot seven times, once in the back, and he was unarmed. >> hands up don't shoot hands up don't shoot. >> reporter: the visit comes among waves of city protests, after grand juries in new york and missouri declined to indict white officers for the deaths of two unarmed black men. protesters have marched to the fruitvale station, a subway station where a bay area rapid transit officer shot oscar

peterson to death. in 2009. wanda johnson spoke tuesday before a standing room only crowd. >> the next thing you know the officer got up and pulled his gun and shot my son in the back. my son looked up at the officer and said to him, "you shot me. i have a four-year-old daughter. you shot me" so what is justice? was that justice, totally no it wasn't justice in my eyesight. so why do i still fight? because my son should not have been killed by the officer. >> reporter: in the case of oscar grant, the officer responsible for his death, served 11 months. the victims want accountability. >> we have to fight to make sure officers are held accountable for their actions and the only

way they are going to be held accountable for their actions is if you and i continue to let other people know that officers are not as righteous as we think they are. am i saying that all officers are bad? no i'm not saying that but the ones that are bad, they need to be identified and they need to be taken off the force. >> they kill our children, and we send their children to college. we got to change that. so the power is within the mothers, the power is within the voters, when you have a district attorney that insists on circumventing justice for families and serving impunity to cops, you must get together and you must unseat him because he works for you. those badges and those guns belong to us. >> there are signs that the message is taking hold around the country.

protesters staged a die-in, inside cleveland cavaliers, lebron james f wore "i can't breathe" tee shirts. >> until the killing of black men ♪ ♪ black mothers's sons ♪ >> hope their trip raises awareness and keep the group of grieving mothers growing. ♪ we believe in freedom cannot rest cannot re rest ♪ >> "america tonight" sarah hoye joins us. do the mothers have specific demands concrete things they are seeking? >> for the mothers they are asking for justice. they wants to go after those

federal indictments and also make sure that the police are prosecuted. in some cases like in the state of new york they are also asking for independent prosecutors, people kind of from the outside of the system to help with these cases. >> "america tonight's" sarah hoye, thanks so much. a look ahead to marianna tomorrow. a failing grade for the program that was supposed to change education in this country. the growing backlash against teach for america. >> how would you describe your tfa experience? >> it was an important stepping-stone to where i am now. but it was also the most miserable worst six months of my life. i was miserable. >> the new slogan for this education innovation, some say it's don't teach for america. we'll explain thursday on "america tonight." and after the break tonight, long buried secrets and the attempt to pay last respects long overdue.

>> so lord we offer this little spot of ground as a final resting place as a testimonial that albertina carlson lived and worked among us. >> lives hidden away now finally remembered. >> you know how they say that everybody has a purpose in life? well, at one time i felt that selling cocaine was my purpose. >> we were starving just looking for a way to succeed. >> the first time that i seen rock cocaine was 1980. >> the murder rate was sky-high. >> south of the ten freeway was kind of a no-man's land. >> he said, "ya know, we're selling it to the blacks, you go into these neighborhoods, there's no cops, you can sell to who every you want and when they start killing each other no body cares. >> i was going through like a million dollars worth of drugs just about every day.

>> that's like gold! we can make a fortune. >> he was maybe the biggest guy in la. >> freeway rick was getting his dope from a very big operator. i think we're into something that's bigger than us, something we really can't deal with. >> they had been trafficking on behalf of the united states government. >> she could prove what she was saying. >>♪ crack in the system

>> my name is elenor and for the last 25 years i was bernie madoff's secretary. >> an unimaginable story of betrayal. >> they lived this incredible life. it just never occurred to me that they were living on the dime of the clients. >> greed... >> bernie was stealing every nickel but he wasn't trading anything. >> ... and entitlement. >> you took my grandchildren's future away from them.

>> beyond the verdict and on the streets >> there's been another teenager shot and killed by the police >> a fault lines special investigation >> there's a general distrust of this prosecutor >> courageous and in depth... >> it's a target you can't get rid of... >> the untold story... >> who do you protect? >> ...of what's really going on in ferguson >> they were so angry because it could have been them >> fault lines, ferguson: race and justice in the u.s. one hour special only on al jazeera america

>> tuesday, the landmark series concludes. >> i'm on a mission that i have to keep this business going. >> an intimate look at middle class families. >> i panicked because, how we gonna pay that? >> the issues we face. >> there's no way to pay for it. >> fighting to survive. >> she's like my role model... as in perseverance. >> building a better future. >> it's coming together little by little. >> real life solutions you can't afford to miss. >> we're making it the best that we can. >> "america's middle class - rebuilding the dream". >> tuesday. >> 7:00 eastern.

>> only on al jazeera america. >> protestors are gathering... >> there's an air of tension right now... >> the crowd chanting for democracy... >> this is another significant development... >> we have an exclusive story tonight, and we go live... >> finally tonight just a century ago, several million

wild mustangs roamed the plains. still only a few thousand are rung free, an effort to save them was just upheld out west. tonight a look at an american treasure, a gentle woman who taims th tames the moisture. as only a horse whisperer can do. >> i get horses from the blm that have never even seen a human, really. blm stands for bureau of land management. they have a wild horse program and they capture the wild horse he and bring them into the corrals and take care of them and put them up for adoption. you know it's breed management and so they're not overgrazing the land and not starving to death.

there is about how they typically act. they bounce around and they settle in and realize that it's not so bad. they can't get away. when the wild horses get brought into the blm they don't have any more friends. they lost all of them and looking for a new herd. the so the very first day, i just do a lot of approach and retreat and show that i'm not trying to go in there and scare or be the predator. and once i develop that friendship that's when the trust and respect comes in. they're looking for interaction and somebody to kind of comfort them. ftc pretty soon they start looking to you you release that pressure every time they put

their eye on you and go hey who are you, what's going on here? and from there they start learning to give to pressure. the first touch is always the -- you know it almost gives you the warm fuzzies kind of a deal. you reach your hand out there and they reach their neck and elongate the body and that's really the first connection and that feels really good. every horse that i've ever had that first touch with they kind of go hey yes this horse trusts me to this point and i'm not forcing it. i think if you use that trust and respect, is your main focus of your training, you have a willing partner. it's going to want to try its hardest for you. >> i'm just going to move the saddle up and down, that's part of the process, throwing that saddle up there. just another baby step.

♪ >> you know this was my dream. and i believe in being happy with life. and you know, there was so many people that are miserable doing their jobs. i mean you have one shot at life, and why be miserable doing what you're doing? go live life and maybe you're not making the most money in the world but isn't happiness a lot better than being miserable and making money? >> why indeed? that's "america tonight," if you would like to comment on any stories you've seen tonight you can log on to our website, aljazeera.com/americatonight. and join the conversation with us any time on our twitter or facebook page. good night. we'll have more of "america tonight," tomorrow.

> announcer: this is al jazeera. good to have you alone aring i'm david foster, and you're watching the al jazeera newshour. this is a taste of what we have in the next 60 minutes. there are thousands the the funeral of a palestinian cabinet minister who died after a confrontation with israeli troops. taking the tight -- fight to lebanon, the army battling i.s.i.l. and other groups in the country hong kong - police clear