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The supreme court has not decided that it's not, there are significant differences between these two programs. the dapa program would be much bigger. the dapa program was termed in terms of lawful status, which daca does not. but the fifth circuit was wrong on the dapa decision. the supreme court has not spoken on this. so you need to be clear about when you say a court has ruled this unconstitutional. it is not the ultimate court and president after president, for decades, have used this prosecutal discretion. >> okay, laura coates. >> whatever. >> that's a good response. >> well, andre actua...

>> but the evidence about his previous history was not allowed in the first trial. i think that they would have considered his history when thinking what was marissa's state of mind? did she think she was in danger of serious bodily harm? i think these issues are issues that a jury should have considered and they didn't get the chance to hear that evidence. >> quickly on this question of prosecutal discretion which includes prosecutal anticipation of what a sentence might be at the end of a certain trial? >> the evidence that we're talking about here is something that in california is alwaysed...

I think that they would have considered his history when thinking what was marissa's state of mind? did she think she was in danger of serious bodily harm? i think these issues are issues that a jury should have considered and they didn't get the chance to hear that evidence. >> quickly on this question of prosecutal discretion which includes prosecutal anticipation of what a sentence might be at the end of a certain trial? >> the evidence that we're talking about here is something that in california is alwaysed a midded. it goes to the defendant's state of mind. it goes to explain her conduct...