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But it's not something i'm going to be discussing now. that's going to come out at the trial. >> we now know he did break the law. he was an extortionist in this case, and all that sort of sense there's this other stuff. can lawyers say anything they want? >> i have to say, there is no better lawyer in new york than gerry shargel. i have seen him in action many times. he's a terrific lawyer. >> this was sort of an impossible case. >> he was guilty. that's why he pled guilty. >> right. >> and he's blowing smoke, he's trying to defend his client, which is certainly his job. but, i mean, in fairn...

Gerry shargel. >> it was sort of an impossible case. >> he was guilty. >> right. >> and he's blowing smoke, he's trying to defend his client, which is certainly his job. but, i mean, in fairness to shargel and halderman, this was an odd case. the classic case is you give me $2 million or i will kill your daughter. that's a classic extortion, those people deserve to go to prison for a long time. this is give me money or i'll write a screen play. it's certainly extortion, certainly illegal, he should go to prison. but, you know, crimes are different. not everything deserves the death penalty. an...

Either. do you think they can take their way out of this by saying this is an odd case, we don't prescribe what a reporter is not supposed to ask? >> i think in general, both the president and nominee, mitt romney, should in general not set up ground rules or excessive ground rules or dictate what the press can an can't ask. you're right. it's going to backfire. i just point out that the president is as guilty as mitt romney, but i think as a general rule, you should be open to the press. okay, dictator ship is a good word because it used to be there were party organizations run. will rogers f...

Police officers shot nidal hasan, who is the only suspect in this case. he was paralyzed from the waist down, jon, and we're told he's in the courthouse but the proceeding hasn't started yet. jon: we knee his defense attorney has promised a vigorous defense. what kind of defense are they going to be offering? >> reporter: well, it's interesting, because the military is trying to get him a psychiatric examination and the defense attorney, retired army colonel john gaugen has fought that, and we're hearing hasan does not want to plead insanity. it's not clear. if we learn more when and between g...