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There are cases, federal cases, important cases, john, that say you should have a jury that reflects the diversity of the community. it's called the batson test. the courts do try to get this kind of balance. the question is why did they fail here? number one, it may be that a lot of the black jurors, this is what the judge has said, disqualified themselves in some of the answers they gave, indicating they knew too much about the case or had already formed an opinion about the case. and that's one reason that you sometimes lose diversity on a jury. and i think we saw that in this case. but the...

In jury selection. but he did kwauf that by saying that when he questioned the jurors about why they knocked off some of the black jurors, they gave him what are called racially neutral reasons for having knocked the person off the jury. under the badsen case, that's a proper analysis. i think when lawyers look at what happened in this case it's very unfortunate. but probably the judge acted legally. . >> joey, is this a good situation for the prosecution? who is to blame for this happening? . >> listen, we could always blame anybody, john. at the end of the day what you have is what you have....

Arguing that the prosecution is in essence making a decision like that, right? in this particular situation you have the defense making that argument. and so i think it's a pretty interesting and unusual situation. but we are where we are. >> lawyers -- it's called a reverse badsen situation. when the case came down, if there was discrimination and somebody got convicted, their conviction could get reversed and it would get sent for a new trial. but here it's not the prosecutors who are discriminating it's the defense attorneys. so the only remedy would be for the judge to declare a mistrial a...

Of the notion of these requirements because it takes some of the pressure off them. >> and they want a rule. they want to be able to go back to workers and say let's move to a vaccinated workforce. it allows the government to be the mandator, not necessarily the business. you are seeing businesses deny death benefits. delta saying $200 extra a month for health benefits. it is $50,000 when hospitalized even briefly for covid. companies want vaccinated workforces. >> christine romans, cyclone. >> from the hawk eye state. the judge says he sees intentional discrimination in the panel of 11 whit...

You're seeing morris county there. jack chiattarelli won it by 14, biden won by 4. that's a 14-point swing. chiattarelli won by 12, biden won by 16. that's an 18-point swing. and i want to point out bergen county. it is a county ta phil murphy was able to win, but he is leading just by five points. joe biden won it by 16, 16 points, biden won. a huge difference. about a 12-point swing county to county if you look at this. the difference between phil murphy and terry mcauliffe might have been phil murphy had more pad to work since biden democrats won by 16 as opposed to 10, the case in virginia...