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The constitution requires an indictment. meaning in order to be tried in a federal system, the case has to be sifted through a garage jury which is 23 civilians sitting in secret, deciding whether or not in their opinion, it is more likely than not you are the person the government is after and you have done what the government said you did. it's not a conviction. >> and so it's more expedient, too. correct? talk about the miranda. >> in fairness to colonel kirby who didn't distance on the question whether he knew if he was mirandized. theoreticall theoretically, when someone is arrested they ...

There is a real mystery at the core of this thing. number one, why couldn't the romney campaign stop it, and what's going on here? she's saying gingrich is more liberal than romney. how did this happen? howard? >> well, being one of the people that had the honor of covering the christine o'donnell campaign in delaware, i can only imagine that there may be, i'm just saying, hypothesis, maybe some unretired campaign debts involved who know as mitt romney has said, money is no object. i can't imagine that that would be a problem if she needed to have the rest of her debt retired. but if they didn...