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Wants kentucky court clerk kim davis back in front of a judge in the wake of her refusal to issue same-sex marriage licenses. joining me with the very latest on this motion, criminal defense attorney mike eiglarsh? what do they want now? >> the problem is people are getting a marriage certificate-ish and on the happiest day of their life they have to go to an attorney and show them the certificates. and attorneys like my bald beautiful brother are saying this is questionable at best. >> she got back, she's issuing -- not she, but the office is issuing marriage licenses and it was fine. it was ...

Into effect. city officials want to avoid the chaos and destruction we saw last night, as we saw lootings we saw folks burning cars attacking the police. we've seen this happen on tv. but will we see these folks be brought to justice. mike eiglarsh will we? >> we've had problems during times in hurricanes. unless there's video evidence unfortunately, you're not going to have these other people coming into court to testify that someone in the neighborhood stole a bottle of vodka from the neighborhood liquor store. we should prosecute them. >> there is videotaped evidence of the looters. and of ...

As you saw there were plenty of other people on the train but no one intervened, no one offered help no one called 911. metro link said it's trying to beef up security. but the victim says st. louis has a big problem right now, and everybody needs to be vigilant, megyn. >> trace thank you. joining me now mike eiglarsh now criminal defense attorney and a fox news legal analyst. arthur, could they and should they consider charging this as a hate crime? >> the trend and jurisdiction throughout the country is to seriously look at charging a hate crime if they can. here's what my experience is. unf...

Respected or had a deeper relation slp with the victim and was killed for another motive, or another reason. and of course, kathleen durst was probably the reason. but when you look at that, you have a solid piece of evidence that can actually connect up that suspect to that scene to that moment to that victim, and even robert durst himself said well only the killer would do something like that. >> if only the killer could have written that note, and lo and behold, in his own handwriting matches that note exactly. good to see you. are you going to be one lucky guy tomorrow? >> i am. >> don't m...

Act white. and other than that, they talk a lot of bad things about black people. megyn: joining me now, lis wiehl a legal analyst and mike eiglarsh, a former prosecutor and now a defense attorney. can we all agree this would never be allowed into evidence at trial, lis. >> the first part of this evidence, this quote unquote evidence, the part where she is saying there was sexual molestation when they were six and eight that is never coming in. it's not relevant, it's overly prejudicial. it's not coming in. the jury is not going to hear that. megyn: his family always made statements that they ...