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Fallin, signed a new law just ahead of those supreme court arguments that sets oklahoma up with a backup plan. a backup means of injection -- means of execution, in case their use of lethal injection is used by the supreme court in next week's case. oklahoma is a deep red state. oklahoma is a very, very, very pro-death penalty state. but oklahoma has now invented and put into state law very quickly a new form of execution that's never been done before. not only here in the united states, but anywhere in the world. and they have done it at a time when the death penalty and the politics around i...

With a backup plan. a backup means of injection -- means of execution, in case their use of lethal injection is used by the supreme court in next week's case. oklahoma is a deep red state. oklahoma is a very, very, very pro-death penalty state. but oklahoma has now invented and put into state law very quickly a new form of execution that's never been done before. not only here in the united states, but anywhere in the world. and they have done it at a time when the death penalty and the politics around it are really chaotic. it's no longer as simple as liberals not liking the death penalty and...

Injection cases in the last few years. this past friday, oklahoma's governor mary fallon signed a bill into law that sets oklahoma up with a backup plan, a backup means of execution in case their use of lethal injection is blocked by the supreme court in next week's case. oklahoma is a deep red state. oklahoma is a very very pro-death penalty state. but oklahoma has now invented and put into state law very quickly a new form of execution that has never been done before. not only here in the united states but anywhere in the world. and they have done it at a time when the death penalty and the ...

Contest the guilt faze and might instead just focus on the penalty phase in an effort of just putting the sole question of life or death in a non-death penalty state. >> let me ask you, brad how likely is it do you think that dzhokhar will be sentenced to death? >> well there's a whole process involved. and the first thing that has to happen is they have to make sure they have what we call a death qualified jury. that means all 12 of those jurors and all six of those alternates have to make it clear that they would be open to the death penalty, not that they will, in fact, impose it. they'll b...

Don't take it off the table. that's all i'm saying. >> senator schumer, i want to move along because i do want to ask you about immigration and that debate. let me first ask you about the death penalty. massachusetts as you know is a non-death penalty state, as many states are. where do you stand on that and this suspect should he be found guilty? >> yes. well, the federal law allows death penalty. i wrote the law in 1994 when i was head of the crime subcommittee in the house. this is just the kind of case that it should be applied to. in fact, the only other time it's been used since '94 is o...