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Imminently dangerous and evidencing a depraved mind. that's an extremely high standard. so you don't even have to get to the emotional of it. if you're a defense attorney you just argue the facts. you can argue the standard. i mean, they chose not to go with manslaughter. they went with the second degree. >> i got it. i'm sorry. i agree with you. i got to give paul one chance here. was manslaughter a smarter to get a conviction or can they go with manslaughter if they decide murder 2 is too high? can they make that choice? >> i don't think so. as i look at this trial and through the lens after...

For. >> the point is they don'ta hrk o'mara drove home. its doesn't matter whether the injuries were actually life-threatening as long as zimmerman reason my believed the were. >> shepard: around this time of day they take a break in the testimony and they've done so now. i'm going to continue to talk to the lawyers. this matter of who was on top of whom is at the crux of all this, and what they're trying to establish here, the prosecution is trying to say, this man chased after our -- after this man, and he defended himself, trayvon martin did, and as he was defending himself, zimmermansome s...

Breakdown in internal controls. he worked for the nsa. at one point he did work for the cia, couple years back. it's kind of unclear exactly how he got into that job and what he did under that job. but if he, working as a infrastructure analyst in hawaii, and also, it's unclear exactly what he did. he might have been a much more sophisticated -- >> i thought analyst was a euphemism for a guy who could hack into systems. >> it might be a guy trying it hack into other systems. in that position, if he had access to cia officers around the world, that would be a real breakdown in sort of internal ...

Regardless here amend i think we need to make sure what they're doing if it's just looking at sex scandals, that may be a bit off the mark. >> yeah, at what point was there an overreach. jack rice, great to see you. thanks yr joining us. supreme decisions. how president obama could shape the supreme court during his second term. plus, did you hear about this? a college basketball player shatters the ncaa record with his triple-digit scoring game. we'll bring you the details. twins. i didn't see them coming. i have obligations. cute obligations, but obligations. i need to rethink the core of ...

Go ahead. megyn: we talked about this with tucker yesterday. those were his written remarks and he did say them. >> yeah. megyn: but -- >> then he went off. megyn: before he got to those he ad in ared. so while he had written down that he was going to say, no it was just color-blind incompetence, what he ad-libbed was a part that was much more racially charged and said, that the government was treating the folks in new orleans different than it had treated the folks in florida, the white folks in, was the suggestion. >> megyn, he didn't say white. megyn: no he didn't, but that is what tucker w...