Page 19 - Balancing Test News Today

Would prove that hasan believed he had to murder soldiers with his jihad duty and he would present evidence that he related to this 2003 case of a muslim soldier who was convicted murder. >> they dont need is. >> to put what lis is saying in slightly different way, she is so right, the judge make as calculated decision as to something like that. here it will not be needed. he will be convicted regardless so why create an issue on appeal. that is exactly right the other thing the judge engages in...

You have someone else liable for the death. >> why? >> no, i mean, as keith said political pressure on a case that is decades old and everything in law, you know as well as anybody it is a balancing test. do we get the short term gain today knowing that we will have a problem down the road. >> what is your prediction. well go forward with the case. >> federal prosecutors went after jose rams on who is in prison and havent looked at hernandez. i dont know when they will do. they are in a really, ...

>> that is not a cure all. federal shield law would only set up a balancing test between the governments need to know and reporters first amendment rights. its not going to solve the problem. i think the obama administration after saying it was supported it a is now in favor of letting a media shield law go forward. its not going to help jim. >> "washington post" and "new york times" are making this bed because they have been beflg from the leaks from the obama administration. they will not come...

The whole country? >> that is not a cure all. would it only set up a balancing test between a governments need to know and reporters first amendment right. its not going to solve the problem which is why i think the obama administration is now in of letting a media shield law go forward. >> the washington post and the "new york times" are making this bet because though have been benefiting from leaks from the obama administration. they will not come down hard on an obama administration that is g...

It will force the judge to decide whether this is a fact or phrasing that the prosecution has liked to use so far. so this is what we call a motion in limine. a limine motion, asking the judge for them to not use that phrase. now we decide whether or nottith a fact and it appears from all of the evidence produced so far, this is not -- this is not a fact. the -- if you listen to the transcript, george zimmerman gets out of the car, tells the police what hes doing and then they say, yeah, well, w...

If in fact that disclosure could endanger our military forces, or those who are cooperating with us to fight terrorism. >> reporter: other democrats are calling for a new media shield law. it has broad bi-partisan support. senator chuck schumer says under such a law if the government wants to go to a member of the press and say you have to divulge your sources, for example, it first would have to go to a judge who would impose a balancing test. critics say, however we already have a media shield...

Council to investigate mindful conflicts regularly occur between protecting national secrets and first amendment rights of journalists. >> what is the government to do if that disclosure could endanger our military forces or those cooperating with us to fight terrorism. it is the constant tension between the government and freedoms under the bill of rights that we see playing out both "the associated press" case and this fox case. >> gregg: a gang of eight in this senate, four republicans and fo...

Bush administration. gregg: oh, yeah. >> john ashcroft who was attorney general stepped aside the whole thing. his deputy appointed patrick fitzgerald to investigate. gregg: well see what happens here. byron york, good to see you what happens. >> thank you, gregg. heather: gregg in the wake of these investigations a top democrat announcing a new "gang of eight" of senators will take a closer look government will investigate he is leaks. to strell what is being called the media shield bill. >> wh...

Possibility that leak investigations may chill the investigative journalism that holds government accountable. >> president obama tried to justify his administrations aggressive investigations into leaks. sweeping up news organizations, though, in the process, "new york times" chief washington correspondent, david sanger joins me now. david is one of them. david i dont know if you can talk about the personal side of this. but your reaction to the presidents tweaking, i guess you would say of the...

Test and gave a hot blood test. that is significant and goes to his state of mind. i think thats interesting information that a jury should know. ultimately the judge has a classic what we call a 403 balancing test. the judge has to decide whether the probative value outweighs the prejudicial effect. maybe some of these elements do have probative value, especially the marijuana testing. >> as i see this, with all of these motions in limine, the prosecutors dont want the jury to see that maybe tr...