to take advantage they stunned the theory they developed in this court and this position, as brian nestande and now, premised on the thought that all the statute requires is culpable state of mind but it doesn't say distribute and analogue culpable the but distribute knowingly. this court repeatedly said knowing distribution of the item requires knowledge of the facts and what we discussed by showing there is knowledge under the law and conviction itself but it gives prosecutors the option that proving the facts the defendant knew the facts or simply that he acted publicly or that conduct was unlawful under small. with respect to their fallback position that it has to be illegal under a drug law we are getting closer. we would agree if they were to say as some have said to feature prominently it is the federal anti-drug abuse law. the tricky matter is not one of those, the value of that articulation makes clear the defendant doesn't have to know the name of the statute but if the position is it is enough to be under state drug abuse laws and lots of state analogue, lots of states got ahold

ten years and a couple months, will mark ten years since the levees broke in new orleans and brian nestande the secretary is going down there and working down there. is the president expected to go to new orleans in august for the anniversary of katrina? >> i don't know the answer to that. scheduling updates in august, we will let you know. >> what if anything can you tell us? president obama, there were two series he was looking at in a different way. they ten new orleans and new orleans added coming back on its own and so did detroit and they fell into the same part of others. what can you say about how the administration is doing after katrina? >> a couple things about this. the first is one of the things the president did when he took office was appointed craig fugat fugate to run fema and the people's faith was shaken in the government's ability to react to the emergency situations and because of the professionalism and experience of someone like that the confidence has been restored. the president made that a priority and having had the opportunity to travel with the president when he