to present a defense but you can't go out and -- jenna: does that sound like propaganda? if is that is the reason he did it why isn't the judge allowing that? >> supreme court said you have the right to present a defense but the defense has to be grounded in sound legal theory, sound legal fact. it has to have a rationale basis. you can't get up there to do anything you want. jenna: that is why that ruling was made a former jag, now teaching military law. this is probably the most significant military trial in the last 30 to 40 years and one of the reasons for that is because the death penalty is on the table. we haven't seen the death penalty in a military trial like this in a very long time. in your opinion as a jag, someone familiar with system, how do you see the significance of what happens here in this trial? >> i mean, i think justice will be served. i don't think anybody has any doubt that hasan will be convicted on 13 counts of premeditated murder and spend the rest of his life in prison. the military has had several death penalty prosecutions since