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Defendants, suspects coul get a lawyer. youidthat after eight hours and after you had aeady gotten him lking. there's criticism about injecting the possibility that a suspect will not provide inigence ifyou give them thamiranda warning. take me through that procesof whathe balancing test is befo miranda is actuall issued? >> i wouldn't say wtalk to hi eight hours without giving him his miranda warngs. what you do is use the public safy exption that the supre ourtefined to makeke sure there are no immediat threats >the unqu ticking time bomb scenario. >> tickitime bomb. then yomake the decision...

Defendants, suspects coul get a lawyer. youidthat after eight hours and after you had aeady gotten him lking. there's criticism about injecting the possibility that a suspect will not provide inigence ifyou give them thamiranda warning. take me through that procesof whathe balancing test is befo miranda is actuall issued? >> i wouldn't say wtalk to hi eight hours without giving him his miranda warngs. what you do is use the public safy exption that the supre ourtefined to makeke sure there are no immediat threats >the unqu ticking time bomb scenario. >> tickitime bomb. then yomake the decision...

Legal, because of the overriding concern about an ongoing event and possibility of other things happening to the innocent. >> exactly. in a lesser case, it would end there but in this case, i suspect the prosecutors will argue to the judge they should be able to use these statements as well. it will be up to a judge will he allows them in. my prediction is they're not going to need the statements. >> that's the sort of thing which -- i mean is just beyond into the exclusion of most courts. a judge will not allow statements prior to a miranda but your point is they don't need them. >> they don'...

Care. so they have a balancing test. we'll give you this if you give the illegal aliens care. no one has really identified who they are or how many there are, but they're saying, well, these interests are equal. and if you look at it, the interests are not equal. >> and if you think about it, too, by the way, carol malony in a real challenge, perhaps, for her seat up for election. let me ask you something -- there was a time that no one would touch the 9/11 survivors, their families and the 9/11 rescuers. what -- why are they so vulnerable? >> the democratic party over the last year and a half...

Intentional infliction, that makes no sense. >> not invoking their ethical obligation to do what is common sensical and what is right under the laws of common sense and human decency. bill: it is true, if someone is out to sue the videotape could be invaluable and so far the family has not indicated a desire to go there. and here's the statement from the family, it remains a time of tremendous sadness and grief for our family, and if we have it we'll pull it up. the mother, we believe of dawn in the courtroom now for the past 38 minutes and this statement continues, use of the video would do n...