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police and the bad guys in which either the bad guy was killed and his gun was left at the scene or used during the commission of a crime in which the gun was left behind. >> that makes no sense to me. >> between reasonable men within the law enforcement community, no, there is no reasonable explanation to let these guns walk. >> two of those guns made their way back north to the scene where border agent brian terry was shot dead a year and a half ago. he just finished buying christmas presents for his family. two months later, atf agent sopada was killed in mexico by a one of a batc...

plus, why rapists in the military are getting away with it. a bay area congresswoman taking the air force on front and center. jackie spear calling for new hearings on what she calls abuse of power. this morning, she's in the newsroom. and hot, hot, hot. the summer sizzler in full effect this morning. dangerously high heat and humidity making it feel as hot as 110 degrees from virginia all the way to southern maine. so sit back, get out the fan, stay cool. newsroom starts right now. >> announcer: this is cnn breaking news. we do start with this breaking news. for the first time, ...

that is, not until people started dying. >> the only way you're going to find those guns in mexico is where? >> at crime scenes. at the death, at the site of somebody who's dead. at a gun battle between the police and the bad guys in which either the bad guy was killed and his gun was left at the scene or used during the commission of a crime in which the gun was left behind. >> that makes no sense to me. >> between reasonable men within the law enforcement community, no, there is no reasonable explanation to let these guns walk. >> two of those guns made their way back north to the ...

track the guns. that is, not until people started dying. >> the only way you're going to find those guns in mexico is where? >> at crime scenes. at the death, at the site of somebody who's dead. at a gun battle between the police and the bad guys in which either the bad guy was killed and his gun was left at the scene or used during the commission of a crime in which the gun was left behind. >> that makes no sense to me. >> between reasonable men within the law enforcement community, no, there is no reasonable explanation to let these guns walk. >> two of those guns made their way ba...

Testify, he can't be forced to do so. >> knowing that and the defense attorney knows there are other attorney who's would call him out on that, why try to explain it out that way? >> i think it's more of a pr, public relations kind of ploy. in other words, you know, my client really wanted to get on the stand and tell everyone he's innocent but we wouldn't let him. so he's not the bad guy. we're the bad guy. i think they're more just taking the heat or the fall for their client. practically speaking. >> go ahead. >> practically speaking what they would do is it go before the court and say, san...