look at what happened with brier. he has jumped the shark on all kinds of cases. scalia is going the opposite way. there is no way you can say this is a republican/democratic split. >> you want to take a look at the supreme court. >> you have to pay more attention and do some research on that, toobin. >> he also says -- >> look at the voting rights act. >> but can i ask you a legal question. is al libi going to get successfully prosecuted when he is sent to new york. >> my prediction is he will not go to new york. for political reasons. >> he was indicted here. >> we are about to disagree again. >> where is he going? >> jeff, go ahead. >> i disagree with mark with that too. this is not khalid sheikh