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I spoke with Fox News senior judicial analyst Judge Andrew Napolitano about the controversial drone strike that accidentally killed one U.S. serviceman, injured an interpreter and spooked the U.S. embassy in Kabul.

A U.S. drone strike killed an Afghan border police officer and three other men. The incident was an accident — and one that no U.S. troops should be punished for, Judge Napolitano said on “America’s Newsroom.”

“We gave them our aid. It was not an intentional attack in Afghanistan,” he said. “Of course it was a Taliban, Al Qaeda target. It’s so simple. But the CIA which is running all this stuff, that we gave them the aid. They accidentally shot them in one of the ‘turnover’ situations, because they’re foreign nationals, but they were only armed. It was an accident.”

Napolitano also pointed out that the victim’s interpreter was hit in the leg.

He pointed out that American troops do often hand over Afghan “turnover” detainees to the country’s law enforcement agencies, which in this case may have formed an alliance with the Taliban.

“We give them the weapon. If the interpreter gets hit, they tell the FBI or whatever agency wants to look into it, and the FBI turns it over. The moment the turnover takes place, the person becomes illegal,” Napolitano said.

“I will agree with the ACLU: An innocent Afghan citizen fighting for the Taliban is an enemy combatant. But the United States military does not work that way, and cannot work that way. It makes it almost impossible to retaliate when an act of terrorism takes place.”

President Trump on Friday spoke with Defense Secretary James Mattis on the matter, telling him, “We’ve had this problem before.”

Watch more above.

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