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More. there's no established mechanic mic mechanism, no set rule for this. often happens when something comes up and the case becomes moot and parties will write to the justices and say, never mind. when they want to get new evidence in it, there's no set procedure but the aclu found a way to do this. they wrote to the court and said, hey, look, here's what we filed in the district court today about this what we claim is misrepresentation. it's a way of getting it before the justices. i mean, they're well aware of this now, getting a lot of coverage. >> right. >> they can take it -- you know, ...

Privilege here? i understand why as the business manager she might testify to things that were in that scope of things. but it sounds like she's going to be testifying about things that are within the scope of just what a wife would know. why is there -- you know, no privilege? >> and this is a great question. you're going to hear a lot of different comments on this by different legal analysts because that's really not a firm set rule. in the criminal courts, the privilege applies very strongly and rarely will you see a spouse unless the spouse decides to waive that privilege be forced to get ...

Proven to be an unfortunate, horrible accident? >> then you, you know, see if it was an accident because of negligence, was it an accident because of some equipment failure? remember, we bombed our own special forces with karzai with them during the first part of the afghan war and during the war against serbia, we bombed the chinese embassy by end. it's not as precise as people like to portray it. >> and there would be damages possible for the families even if it is deemed an accident? >> we do sometimes pay reparations, the united states does. it's not a set rule. it depends on the circumsta...

It ultimately comes down to the student. >> that's true. >> but it's the parents, the people in academia at the university -- >> even great parents, though, kids can go off to college, finally free from any discipline and go crazy, right? >> but you're sending kids to college, not to prison. you're sending them to college. it is the school's responsibility to monitor and to have set rule. i do agree with that. >> but what happens off campus -- >> but there's also rules and there's enforcing the rules. they're two different things. and the academics in the school are not enforcing the rules -- ...

You just wrote that the buffett rule, while potentially important, sort of moving in the right direction around deficit reduction, is really the wrong place to start. explain to me why. >> i think it's a reasonable idea is because if you look at the tax rate for top earners over time, it's drifted down overtime and much lower than an historical average. it makes more sense to push it closer than an historic average. we have enormous problems with our tax goad, government debt. the buff set rule is so marginal it won't improve the debt. we have a joblessness problem. it won't reinvigorate the e...