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In roadblocks in the state case move mitchell's trial to federal court in an effort to move forward. once again, the court examines the issue of competency. mitchell continues to sing during court proceedings and at one point is literally gagged to stop him from singing. >> i mean, i really got a little enjoyment out of seeing him gagged there. >> the first to testify at the federal competency hearing is the case's star witness, elizabeth smart herself. now 21 years old, she takes the stand on october 1st, 2009. >> that had to have been some of the most amazing testimony ever heard in a utah c...

Waiting for the one minute. >> they are exhausted. >> so i think they were real tears. >> they were politicians, you don't think crocodile tears? >> no, i think emotions are so near the surface and asked to talk about something. the question is, do you -- is vladimir putin going to cry. would ronald reagan tear it up. >> i think it's wonderful. it's showing our culture is changing. they are allowed to cry. >> obama when his grandmother died, he choked back the tears and he is not going to weep on camera. >> and go back to the stereotype it shows weakness, if you are woman and filled with emoti...

A man has to cry because they don't look real and sensitive. >> ed muskie wasn't crying about personal story. i don't know. 30 years ago you would have never seen a man cry on camera as a politician. i think its leap forward. >> you would think john boehner, right? >> commander in chief, is this man a crier? >> i'm wondering in the next hour, how much crying will go on when the super committee does not come to an agreement by the deadline. >> that is really significant. >> heather: thank you all for joining us. good topics. we're going to toss it over to gregg and see if he is crying. >> gregg...

Definitive answer. they can be deceitful about one question but not the other questions that are being asked. >> judge jeanine: aren't there controls that would identify whether or not it is a real fake answer or deceitful about just one? >> like i said, she may have failed on more accounts or may have failed on one account that they are saying she is not being -- that she is claiming they told her she is not being totally truthful. >> judge jeanine: and finally, the baby monitor. she says it was on? >> i mean that i really don't have that much of a problem with because you figure if the child...

Definitive answer. they can be deceitful about one question but not the other questions that are being asked. >> judge jeanine: aren't there controls that would identify whether or not it is a real fake answer or deceitful about just one? >> like i said, she may have failed on more accounts or may have failed on one account that they are saying she is not being -- that she is claiming they told her she is not being totally truthful. >> judge jeanine: and finally, the baby monitor. she says it was on? >> i mean that i really don't have that much of a problem with because you figure if the child...