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>> absolutely. i am intellectually very honest and i would not personally take this case. >> eric: oh, i don't believe that. >> i have the luxury of denying the majority of cases. dr. dao, unfortunately, has a checkered past. >> eric: he has felony conviction. >> he has a felony conviction. >> eric: you're muddying the victim, counselor. >> no, unfortunately, you have to realize, if this case goes to trial, i mean 99% of the cases are resolved, united is probably going to make the common sense decision to settle the question. if dr. dao and his attorneys are unreasonable and ask for millions o...

He is no different. i think a judge will probably law him some delays. ultimately, he's going to have to be held accountable for the statements he made. >> and then the other sort of wrinkle in the trump argument, in that he's been going through a lawsuit the whole time he's been president. he just settled or just had the proval of a $25 million settlement against trump university. that didn't stop him from presidenting. >> and notwithstanding trump's constant attacks against judge curiel. there was a woman who wanted to get out of the trump-u suit and take it trial. and judge curiel said no, ...

How the prosecutor in staten island could not get an indictment in this case. to go to trial. the prosecutor should be ashamed and should resign this morning. if you can get an indictment in this case, you're not smart enough to be a member of the new york bar. >> as everybody has learned over the last several weeks and months an indictment you're just looking for probable cause. is there enough here to send to it trial. it possible there's a crime here? we got a videotape. it makes you wonder what happened inside that grand jury room. we were talking about what could have planted the seeds of...

Quote, older than her chronological age. that got a lost a backlash. laura engel is here with more on the story. laura, the judge did try to backpeddle those comments a bit. >> reporter: a little bit here. hi, martha. is really ultimate insult to injury for cherise moralez's family. a singing remark from one person who could have brought the 14-year-old justice in this case. sadly the student committed suicide in 2010 before her former high school teacher stacey rambold went it trial before admitting he raped the student in 2007. he sentenced to 30 days in prison plus 14 years and seven months...

Recall facts is not in question. i have greater concerns about what i believe is an ever declining status in terms of his physical health h. over the period of four years i have noticed a substantial decline in his physical health. >> the concern is that this trial stands the test of scrutiny that it was justice under law. do you believe at the end of the t trial there will not be an issue on appeal that hasan wasn't physically capable, mentally or emotion ally capable? >> i think there will be substantial issues on appeal. this this is a death penalty case. the army has an abysmal record in d...