want to say that, but yeah, i mean, this is why we send playback to writers because they're the ones who reported the story. constitutional law and media attorney theodore butrose joins me now, who headed cnn on legal matters before. good to see you. if particular, i wonder, first of all, this is the first libel case against the times to go to trial in, what, 20 years? usually it's resolved before a injury. here we are in a full blown trial. what makes this case so different? >> these cases do, laura, usually get dismissed, based on first amendment grounds. i think it's been, maybe even 50 years since "the new york times" has gone to trial. and so it really is unusual. there are a couple twists and turns in this case but you are absolutely right that mr. bennett was a very good witness today, very contrite, very straightforward. they made a mistake. and the first amendment protects that. it only imposes liability where