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It's the discovery phase, that she wouldn't have that same kind of privilege, that she would if it were trial. that she could invoke that privilege and not testify. >> you're wrong, fred. because the fact that -- not pending -- >> okay. all right, so go avery on this? >> yeah, it has nothing to do with discovery, because a deposition, fredricka, is essentially like being in court. the same essential rules apply. and if there's any potential criminal jeopardy that would come out of communications between camille and bill, believe me, the lawyers representing cosby will be effective will in bloc...

Privilege, she shouldn't be able to carry through with this deposition, but why? explain, richard, why in massachusetts, because this is a part of the discovery phase, she still has to give, i guess, whatever answers to whatever questions are asked? >> well, she has to appear at the deposition, fred. that's what the court order says. she must appear. now, when they ask her certain questions, because of the criminal prosecution now in pennsylvania, there is that spousal privilege. and i guarantee you, when a question is posed to her about what bill said to her, in other words, what did you disc...

We saw what we saw on the autopsy. >> could this help the defense team get access to gray's medical records? interesting the prosecution is saying you don't need those. >> well, the interesting thing is they asked for it before and the judge told them no. next wednesday there will be another hearing about them asking again saying we didn't know this before, so we want to get his prior medical records. they're fishing around to see what they can find. once they find it, then they'll know what to do with it. right now we are in discovery phase, not whether it will be used in trial. >> and to be ...

Are in the case, we're still very much in pretrial discovery where the rules are very broad in favor of her testifying. whether or not she can get on the stand at trial, that's another matter entirely. and that's where there's a lot more protection one spouse and the other. >> okay. so, trent, this is in the discovery phase. what kind of things could camille cosby reveal in a deposition that -- basically this would kind of give the prosecution more threads to pull, right? what might those threads be? >> yeah, remember, and brianna, this is not the prosecution, this is a civil case. so this is ...

Is it legal eggment tonight, three hot topics, did you know that non-legal citizens can carry guns in the u.s. legally. did you know that a convicted isis sympathizer in minnesota getting leniency and did you know that planned parenthood may sue the center for medical progress which uncovered the videos. what's going on with planned parenthood? >> they are looking to sue. they are saying everything is a possibility '. what would they sue for? fraud? misrepresentation? right privacy? getting those videos illegally? but the center just came out with a statement about this today what they said is...