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Prosecution's favor, but what worries me the most is the kentucky challenge, that's what mark was referring to, what a prosecutor or defense attorney has excused someone, a number of jurors on a given race and the other side can say, hey, that wasn't fair. it was a race-based excusal. they can put the jurors back on. message can be damaging to the prosecution. not only do those juror know and somehow it was improper to excuse them. the rest of the jury knows, too. so the prosecution starts out with this taint of having doing something proper. the jury knows it. >> that's exactly what's going t...

Tripping, knocking himself out, this is his to lose at this point. >> i brought up the makeup of the jury, does it play one way or the other? does that matter? >> yeah, of course, it always matter, especially in a case like this where race is squarely on the table. in this case the prosecution's theory is george zimmerman racially profiled trayvon martin and reacted to him and behaved the way he did because he was african-american. so having a white set of jurors, more likely to identify the theory that they're more likely to identify with george zimmerman. that is true. mark is right about. t...

Make up of the jury. does it play one way or the other? does that matter? >> of course, it always matters, especially in a case like this where race is squarely on the table. the prosecution's theory is he profiled trayvon martin and reacted because he's african american so having a white set of jurors more likely to identify the theory they are more likely to identify with george zimmerman. the fact that -- so the race factor alone does play in his favor. i disagree a little bit with mark about the other issue. the mother issue can play in the prosecution's favor but what worries me the most ...

He seems old. i mean, he seems like they were glad -- they showed a lot of respect, it would be like ronald reagan showing up. i think the calendar's time has moved on. >> the big picture question, presuming they both realize to split and to remain kind of connected but often willing to go -- each throw a candidate into a given race, that to split that way would give the democrats basically anything they want. does the gop wind up eating the tea party, or does the tea party end up eating the gop? >> or drinking, you might say. you know, the tea party is good at not electing someone, but doesn'...