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Passion. he is loucky she didn't take th vase and smash it on his head. >> really? here we go. >> $3 million. >> when he declared that he would take 60 days to decide on which of his paramours he was interested in i thought that might be an instigation. >> did he lose you there on that? >> a little bit. i didn't 60 days was fair. >> what do you think of crime of passion? do you guys believe in it? >> no. >> do you guys think it's a legitimate defense? >> no. >> really? >> i know where you're going. >> i don't know if it's a legitimate legal defense but i think it's a legitimate action. >> it i...

Mitigating factors. there are a lot of folks who went to iraq and afghanistan who received a series of injuries including traumatic brain injury. this could be part and parcel of not only mitigation defense but also affirmative defense at time of trial. ultimately this will be resolved short of tile trial. there will be some sort of a deal. you will have all the conflicting information not only we're talking about but other information we don't know yet that the government has in their proposal. alisyn: can we look to the case of the so-called the american taliban, john walker lindh, i think i...