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Would prove that hasan believed he had to murder soldiers with his jihad duty and he would present evidence that he related to this 2003 case of a muslim soldier who was convicted murder. >> they don't need is. >> to put what lis is saying in slightly different way, she is so right, the judge make as calculated decision as to something like that. here it will not be needed. he will be convicted regardless so why create an issue on appeal. that is exactly right the other thing the judge engages in a balancing test. if it is probative that's fine but is it outweighed by undue prejudice? it gives...

You have someone else liable for the death. >> why? >> no, i mean, as keith said political pressure on a case that is decades old and everything in law, you know as well as anybody it is a balancing test. do we get the short term gain today knowing that we will have a problem down the road. >> what is your prediction. we'll go forward with the case. >> federal prosecutors went after jose rams on who is in prison and haven't looked at hernandez. i don't know when they will do. they are in a really, really tight spot. they will not want to go forward if they believe he is the right person becaus...

>> that is not a cure all. federal shield law would only set up a balancing test between the government's need to know and reporters' first amendment rights. it's not going to solve the problem. i think the obama administration after saying it was supported it a is now in favor of letting a media shield law go forward. it's not going to help jim. >> "washington post" and "new york times" are making this bed because they have been beflg from the leaks from the obama administration. they will not come down hard on an obama administration that going after reporters. very troublesome to see any ad...

The whole country? >> that is not a cure all. would it only set up a balancing test between a government's need to know and reporter's first amendment right. it's not going to solve the problem which is why i think the obama administration is now in of letting a media shield law go forward. >> the washington post and the "new york times" are making this bet because though have been benefiting from leaks from the obama administration. they will not come down hard on an obama administration that is growing after reporters. it's very troublesome to see any administration go after reporters. i thi...

It will force the judge to decide whether this is a fact or phrasing that the prosecution has liked to use so far. so this is what we call a motion in limine. a limine motion, asking the judge for them to not use that phrase. now we decide whether or nottith a fact and it appears from all of the evidence produced so far, this is not -- this is not a fact. the -- if you listen to the transcript, george zimmerman gets out of the car, tells the police what he's doing and then they say, yeah, well, we don't need to you do that, and he says okay. when you use a simple balancing test, is the probati...