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New lawyer might use that as a negotiation tool to say, listen, if we can all go to our respective corners quoitly, we are not going to bring charges, we want to have britney's life back. a d.a. might get wind of this and say we are under a duty to investigate whether there was fish your wrong doing here. there is a lot of finger pointing to go around here. judges can't really do anything unless there is a petition 'before them. that's not always true. judges can act on their own sui sponte. something was wrong over the last dozen years, they should have done something about this, too. she is ...

Trial. >> what do you say to people, though that are shocked that after all this, it sounds like because of who he is, he is being treated better? >> reporter: it sounds exactly like this. it is on many levels, you know, shocking. everybody that i talked to federal prosecutors, no one recalls anyone receiving exactly this type of treatment. he is getting ready for trial. he should have had the opportunity. in fact, judge berman ufr offered a motion sui sponte. this would seem to go a little above and beyond. >> it's a doozee. thank you for your expertise. up ahead the heart wrenching damage to...

Involved in where mothers have lost custody of their children for failing to protect them from domestic abuse in the house, from the kinds of fighting that we know causes severe psychological harm to children. this is way past that. > >> megyn: can they look into that even though now she's gone and living with her parents in rhode island? can the massachusetts state authorities even still look into it? >> yes, they can. the question of jurisdiction is based on the circumstances of the child's living conditions at the time. now, would they have to depend oin some sense on rhode island officials...