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A sinister attempt. they fire back that the prosecution letter was fired with no advance notice. >> from the defense standpoint, the issue is was the prosecution trying to taint the jury pool? >> the filing describes how menendez codefendant paid for the senators stays at a resort. the defense called the facts irrelevant and inflammatory. also unresolved is whether menendez will leave the child to make crucial votes. if he misses the trial days, he risks losing jurors. if he stays, democrats may lose a deciding vote. >> bret: big story. thank you. stocks up. dow gained 56. s&p 500 finished at ...

Bad character evidence and then in the appeal the courts look at it and say the jury was given so much data about bad character that they did not-- they were unable to assist this particular case as opposed to being poisoned by the other witnesses. so this judge and prosecutor were using restraint by not putting them all on in order to protect a conviction. the public may not like to hear that, but you can imagine you don't want to be in a courtroom or at a trial and everybody coming in for your entire life and saying bad things about you. elizabeth: a prosecutor's still going to try though? >...

Of individuals and businesses, they'll deal with those details. from a defense standpoint, we certainly need increased spending and both atd the senate and the house with senator mccain and chairman thornberry, they are proposing a 640 billion baseline, 50 more billion than what the president is recommending. >> you took part in the planning and execution of operations around the world, including iraq. you recently authored the review for the heritage foundation that recommended the increase in the size of the military. president trump has endorsed one of the suggestions to add more active dut...

Jury selections, i should say, this is something our nation has. people can disagree on this, in the case of michael slager, it's one person who held up that jury. all you need is one person to then have a mistrial. that's something that could happen. >> really quickly here, debby, i spent some time with the wife of the state senator who was killed in that church. one of the things that she and others have said that has not necessarily been widely reported, some of the things that dylann roof screamed and said to people as they lie in that church dying will break your heart. how -- how from a ...

They're going to have, meaning the defense, is that the prosecution under pennsylvania law will be able to bring in -- and they'll make an application to the judge, to bring in other people who claim they were assaulted in the same way. this is called common scheme or plan or modus oporendi. normally you would say that's character assassination, has nothing to do with this. the prosecution will argue, no, this is his similar plan and the way he operates. and they'll do a parade of people. you might remember years ago when phil specter was prosecuted here in los angeles for murder. they did the...