yet, they simply are undertaking a review of the factual circumstances and the transcrip transcripts. in the event they decide to move forward you have to say it is a willful right. what right? the right not to have excessive force used against you and you have to establish that the person, the participant, the actor, if this case, brelo, acted with ill will, with spite and with malice. if they establish that you will see a civil rights prosecution moving forward in the event they feel the transcript and record does not establish that there should be no such prosecution, joe. >> thanks to all three of you. >> thank you. >> you're welcome. for days, isis fighters have been making major advances in iraq. and now security forces have launched a counterattack against the terror group but can they keep isis away from that key base, the one that is housing some u.s. military advisers? breaking news this morning. flash flooding has already killed a firefighter.