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in his impeachment trial, he wasn't convicted. justice department hasn't brought that charge, so who decides whether he has committed insurrection in me? you? if a single justice official in? michigan said otherwise. governor newsom said we're not doing that here in california. so what's being created is this untenable patchwork of rules as we approach this 2024 election, and that's why the supreme court has to get involved. and how they choose to go about it is going to be very interesting. howard: well, it's not me or you, but we do talk. [laughter] have "the new york times" or washington post editorial boards taken the stand against barring colorado and maine voters for voting for the are republican front-runner? >> i hadn't seen that, "the washington post" mantra democracy dies in darkness, yet i think everyone whether they want to say it out loud or not knows we are barreling towards the chaos. if what has happened remains the way it is. because when we remove the right

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swore that race had no influence on his trigger. >> if michael brown were white, this would have gone down the same way? >> yes. >> no question? >> no question. >> reporter: the justice department hasn't yet decided if it will file federal charges against officer wilson. despite this new report, every indication that they won't. steve osunsami, abc news, atlanta. let's turn to hillary clinton now. she spoke at a political gala last night without mentioning the growing controversy surrounding her. clinton is under fire for using her personal e-mail instead of official account from the state department while she was secretary of state. she did not address that controversy during her speech but did hint at a presidential run. republicans say she skirted federal rules. clinton turned over 55,000 pages of e-mails in december at the state department's request. it has been almost two years since the attack on the boston marathon. today begins the trial of 21-year-old dzhokhar tsarnaev. >> more than half of the charges he's facing carry the possibility of a death penalty. abc's marci gonzalez with the latest details from boston.

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