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Safe to say that the initial appearances of these three are scheduled for later today. it will be before a u.s. magistrate in brooklyn. and the initial appearance for one of them will be held later today in jacksonville, florida. in the meantime, quickly if you could, tom, what sort of material would they need to reach the bar of probable cause, let alone actually set those charges in motion and the time begins, your ticking clock begins that you've got to get these guys to trial? how much goods do they have to have before they can actually close in and go for it and charge them? >> well, the ...

Reading the complaint, what's interesting here is that the fbi got their eyes on at least two of these guys beginning last summer, the national security division of the justice department has been working this case as well. and it looks like what happened is they introduced, according to the complaint, they introduced confidential informants, somebody under cover working for the government who was able to draw out the plans these guys were making. and if you read what the -- according to this, one of these guys was already also noticed by his own parents. the mother of one of the suspects here...

Is it that it's the crimes or it's ugly, we just don't want to sentence a woman to death? >> women are less violent than men. you're dealing with a much smaller pool. and i think also juries are much less likely to give the death penalty to a woman than to a man. >> does that extend all the way to that midnight phone call -- it's not a midnight one in this respect, she's sentenced -- she's scheduled for 7:00 p.m., i think, six hours and ten minutes by my clock. is it possible that that last-minute clemency call might actually happen by the governor because she's a woman? >> we'll see whether t...

For the other guys. >> that's what the fbi director was talking about. his speech today that you just played a little part of, he was speaking to a group of attorneys general from around the country and what the fbi is facing is they can monitor -- in this case, they were monitoring websites where people are propagating isis ideology and propaganda. so they're doing that. they're also sending informants out to try to ferret out these guys. they're not going to get everybody. that's what they know. they're hoping that perhaps local law enforcement, family members can alert them when they see so...

Was dead and they took off. it's called acting in concert murder. >> but it's interesting the dichotomy. one actually engaged in the act itself but our law treats both the same for purposes of punishment. >> and you don't think they were treated the same because she's about to guy and that other guy is cooling his heels in a cell, she's a dumb-dumb because she didn't take the plea. >> hindsight is always 20/20. and i'm sure you can tell stories and i can tell stories. you meet with a client and there's a great deal on the table. they don't take it. they roll the dice and things turn out far di...