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the day he was in charge of the ship and that was the result. >> and he fired a lawyer who wasn't as interested in this strategy, replaced him with someone. and they were going to go to the supreme court. tell us about that. >> their argument was that they would eventually be right on the law, that they may lose at the district court level but they just have to sort of tough it out and that ultimately the supreme court would side with them and they would be okay. >> which part, on the falsity, actual malice? all of it? >> they thought that they could hide behind the first amendment and the supreme court would go along with the legalees of that. what changes for them is in february when the text messages come out. because at that point, the public reaction was greater than they thought it was going to be. and they realize that jury in