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 don't 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 a balancing test. if it is probative that's fine but is it outweighed by undue prejudice? it gives the judge a chance to say under that standard i'm keeping it out. >> i'm keeping it out and keeping it clean, i will keep the record clean for the prosecution. patti ann: right. this case is judged by a jury of military officers as we heard from casey stiegel. he will be interrogating himself possibly. >> it will be bizarre, patti ann. when he gets -- he is not bringing any witnesses. apparently he will bring two witnesses to tell a fuller