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Death criminally or not. >> how unusual is it for the judge to make public a letter like that from the juror who said, i just can't find him guilty? >> all of it is unusual. i do know south carolina allows -- the judge can't ask, but if the jury presents it to the judge, then it is now public record, but i think it's a dangerous path to start talking about anything about what the jury is deliberating, the number, the votes, because if no other reason, they now get sort of cemented into what they said publicly. the other problem i see with, it quite honestly, if it ends up in a mistrial, we now...

Either. do you think they can take their way out of this by saying this is an odd case, we don't prescribe what a reporter is not supposed to ask? >> i think in general, both the president and nominee, mitt romney, should in general not set up ground rules or excessive ground rules or dictate what the press can an can't ask. you're right. it's going to backfire. i just point out that the president is as guilty as mitt romney, but i think as a general rule, you should be open to the press. okay, dictator ship is a good word because it used to be there were party organizations run. will rogers f...