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>> the first report was that he was shot in the buttock, the second report was that he was shot in the stomach. >> do we know if there's any initial interrogation? stomach wounds are horrible and painful, but they don't stop you from being able to talk. >> since this is a terrorism investigation, it's quite possible that he will be interviewed without his miranda warning by the fbi and they have a high value group that talks to people when they're in that condition. >> is there an ongoing threat to public safety and they did this in boston with dzhokhar tsarnaev, so the fbi was able to go in a...

On saturday president trump tweeted, the opinion of this so-called judge is ridiculous and will be overturned. what is our country coming to when a judge hall homeland ban -- pouring into our country. a terrible decision. through the judiciary decide with the executive in this cases, some say words can come back to harm him. no one apparently give him anything like a miranda warning anything he says and will be used against him in the court of law. amy is a democrat from minnesota and an attorney and joins us now. >> thank you. >> consequence of legal decision if the court rules the president ...

Take the jury pool. the problem is in previous motions, the prosecutors hadn't sought to introduce all this evidence. and it was only in response to the defense counsel claiming that it was all unfair, inaccurate, that he did not get a miranda warning. then the prosecutors pushed back to say, fine, here's the whole thing. it is a little too late for the defense to make that argument in truly good faith. >> okay, so what is the evidence or likelihood that this ends up making it to trial. what do you think? >> i think it is likely. he was given miranda warnings. he was seeming thoughtful during ...

Planning for the shooting in san bernardino. >> and we also are learning, at least how much marquez is cooperating, the number of hours he's spoken with federal investigators, right, pete? >> 11 days, tamron, you're right. and the fbi says he did so willingly, that every day they gave him his miranda warning and said you can have a lawyer and that he waived it. the impression you get from this is that marquez was so overcome with guilt after the san bernardino shootings that he wanted to sort of make a clean breath to the fbi. he actually drank a lot, got seriously drunk, checked into a hospit...

The police. he had to get a miranda warning, he had an expectation of privacy. it sounds odd if you're not in that end of law enforcement. that's the type of argument that would resonate with a judge that could keep this from coming to a jury. you have to look at this in the full context. these are the ravings of a mad man. he is more than likely guilty of all three of these murders. but the government has to prove guilt beyond a reasonable doubt. if there is any non-guilty explanation for these words, the jury will be invited to accept it. >> the last part the reasonable doubt, he walked from...