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Charges against him, he could be held as a prisoner this time by americans for life. and his attorneys say that he has already endured torture during his captivity, and he has described it in vivid detail with writer mark ball, and they are part of a popular podcast. >> they put a burka over me, and then because, you know, anything i touch, because i'm an infidel or cuffer or whatever you want to call it, anything that i touch is dirty, and sthey would leave the dress or the burka in the room, and so i could use that as warmth. >> attorney a former j.a.g. steven razor is joining me. and the he...

They call in civilian courtrooms a necessity defense. he's sort of saying i had to do this in order to save taliban lives. now, that's not going to fly, is it? is. >> it's not going to fly. in fact, the judge instructs him and instructed the jury in this case that that is not a defense. and, in fact, when he gets into that -- which we expect he will testify in this case -- when he gets into those fact, the judge will instruct them again not to consider it. gregg: yeah. it's not going to fly. >> you can analyze that more technically. there's no causal link whatsoever. gregg: no. which is why th...

About. gregg: widows and orphans were spared, but everybody else was killed. >> right. gregg: also the defense admitted that he's the head of a criminal organization. that's also an underlying act. so this should be easy for these jurors, shouldn't it? >> it absolutely will be, but they do have to go through each and every charge, and that's what they're doing. eventually, they're going to accumulate enough to find him guilty and put him away for the rest of his life, but they have to take each charge individually and take each charge seriously, and that's exactly what they're doing. gregg: th...

>> rick: i could not believe this, a new member of casey's defense team is married to a serial killer on death row. >> that's very true. rosalie bowlin, she's been married to the man since 1996. she's a mitigation special list and that's how she met her husband, trying to save him from getting killed in the electric chair. she's part of the team and she'll be the one, if casey's found guilty, she try to help her fight for her life and save her from a death sentence. >> rick: hollie, thank you so much. >> let's take this to our legal analyst, anna, and criminal defense attorney steven razor.

These tapes do exist, but they only show him at a desk being questioned. and for some context, he was not one of the three high-value detainees who were water boarded by the cia. jenna: catherine, thanks again for your expertise on this. >> reporter: you're welcome. gregg: let's bring in steven razor, a former jag officer. good to see you, steve. >> good to see you too. gregg: boy, you better follow the rules in front of a federal judge, because if you don't, evidence could be excluded or suppressed. that's relevant here, isn't it? >> it certainly is relevant. the first problem that the united...