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Prison. >> randy, this has been -- saying it was emotional for this community is an understatement and to be coping with this and having this man day in and day out sitting with these family members and the victims' families, for a defense attorney, how do you stand up there and defend his life. >> well, i think it was defended precisely the way it should have been defended. >> but looking to the penalty phase. >> it's very complicated and the jurors can't unwrap what their responsibilities are. we have aggravating factors in one bucket, mitigating factors in one bucket. the jury must be unani...

Forgiveness in their hearts and they also some of whom say we don't want him to be put to death. does that factor in at all in the process of justice? >> when you get to the penalty phase, the rules of evidence go out the window. virtually anything relevant to an aggravating and mitigating factor can come in as evidence for the defendant or against him. that includes impact statements from victims. the rules are so broadly interpreted that anything and everything may come in at the penalty phase and be considered by this jury. >> if you are just now joining us, we have breaking news. the guilt...

Actions. and the thing most interesting, joan sees this as a mitigating factor, i see it as a compounding factor, that the more level-headed people in the clinton circle knew how outlandish it was. >> and in terms of donald trump and what could come next for him if he loses this election. this is bloomberg inside the trump bunker. they talk about all the data compiled. they said since trump paid to build this audience with his own campaign funds,'s loan will own it after november 8 and can deploy it to whatever purpose he chooses. he can sell access to other campaigns or use it as the basis fo...

It is a reverse stereotype. >> brian you stated your opposition to the death penalty and one of the arguments that her lawyers are making, the guy who killed the husband will get out after 25 years and she was not in the room and she gets the death penalty. she went for a jury trial instead of a plea and so why should that make a difference? >> this will be a major black eye in our justice system if she is executed tonight. there is a couple of reasons why. talk about what she said. she had ineffective legal counsel in the first trial. her lawyer told her not to enter into the plea bargain and...

That came from documents from the u.s. coast guard. it turns out that bergdahl was applied and accepted by the coast guard before the army. they said he was mentally unfit for even them. the army waived a psychological evaluation. this would be considered, perhaps, a mitigating factor here. in other words, does not excuse his actions, but could be taken into account by a court-martial if it comes to that point and we don't know if there will be a court-martial case. >> everyone, including beau bergdahl waiting to hear. it's great to see you, thank you. out front for us next, pope francis to ...