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It says that when the indictment process is complete, the county prosecutor's capital review committee will consider whether this case is appropriate to attach a death penalty specification. so that will be under review. there are strong indications they are going to go after the death penalty for ariel castro. of course, that indictment for one act of aggravated murder might precipitate that particular penalty, wolf. >> brian todd, stand by. jeffrey toobin is joining us on the phone. jeffrey, you had a chance to go through this. these 329 counts that only relates to the period according to th...

Analysis that says that it goes to the u.s. attorney here in the d.c. circuit who would convene a grand jury and if that turns tout be the case convening a grand jury then that starts the indictment process and that is something that is going to be awfully hard for are eric holder or the president to resist. and this assert, of executive privilege i think is the crescendo announcement of the day. as i looked at that i had this flashback that it was 40 years guy this week that the wate watergate break in took place. it wasn't the executive privilege date but president nixon asserted executive p...

Analysis that says that it goes to the u.s. attorney here in the d.c. circuit who would convene a grand jury and if that turns tout be the case convening a grand jury then that starts the indictment process and that is something that is going to be awfully hard for are eric holder or the president to resist. and this assert, of executive privilege i think is the crescendo announcement of the day. as i looked at that i had this flashback that it was 40 years guy this week that the wate watergate break in took place. it wasn't the executive privilege date but president nixon asserted executive p...

it is deadly. the u.s. agriculture department announced that a case of mad cow disease has been confirmed -- confirmed in a dairy cow out in central california. let's bring in lisa sylvester. she's working this story for us. lisa, what is the department of agriculture saying. what's going on? >> reporter: wolf, the usda just released information within the last hour and what we know is that it is a dairy cow from central california that has tested positive for bse or commonly known or referred to as mad cow disease, and wolf, this is only the fourth case ever detected in the united s...

Police officer, a cow and inappropriate actions. >> a cow and a police officer. >> and inappropriate action thatened up getting dismissed by the judge. >> because the cow wasn't bothered by the inappropriate act. >> very interesting and controversial. another case involved a 45-year-old teacher's aid who had sexual relations with a 16-year-old in which she said she is not a sexual predator. >> i want to get one more question. clearly this judge has issues. it's lucky for brian you came in on this. if you were successful on this appeal and you are sentence has been commuted and i believe you wi...