announcement and release this had video and, yes, the media took the bait, hook, line, and sinker. we wish you well, sunny. that's a wrap on "news watch" this week. thanks to my guests. i'm john scott. we'll see you next week. hello. glad you're with us and welcome to a new hour of america's news headquarters. >> good to see you all. topping the news this hour, thousands commemorating the march on washington ahead of the 50th anniversary of reverend dr. martin luther king jr.'s "i have a dream" speech. we're live at the national mall. >> we were up all night every night just wondering if it's going to come across the line and come toward us. >> home owners on edge as a massive wildfire burns out of control in yosemite national park. the latest on the efforts to

beat back the flames. >> and the nsa getting a big endorsement after months of controversy over surveillance programs. we'll tell you who is now defending the embattled agency. >> we begin with a fox news alert out of our nation's capital, president obama holding an emergency meeting today with his national security team. it happened early this morning. on the disturbing reports of a chemical weapons attack in syria and while a u.s. military response is still anything but certain, there are already indications we may be prepared more than ever. to take steps if the president deems it necessary. we go live to washington for more on this. >> reporter: hi, greg. the navy has sent a fourth warship armed with ballistic missiles into the eastern mediterranean sea. according to defense officials. the white house says president obama wants to hear from a united nations team on the

ground in syria investigating reports that a chemical weapons attack did happen earlier this week before the president makes a decision about how the u.s. will respond. in the meantime, the president has asked the pentagon to come up with strategic plans in case the u.s. decides to go forward with some type of military action in syria, possibly air strikes or missile attacks. the defense secretary chuck hagel, traveling in asia, told reporters yesterday, quote, the defense department has a responsibility to provide the president with options for all contingencies. that requires positioning our forces, positioning our assets to be able to carry out different options, whatever options the president might choose. syria has said that the allegations that it used chemical weapons on its own people as this video purports to show are, quote, absolutely baseless. one former u.n. ambassador under president george w. bush says president obama has to decide now what his objectives are with syria, its government, and its stockpile of chemical weapons.

>> the president said, himself, almost exactly a year ago, that the use of chemical weapons would cross a red line, and when a president of the united states makes a statement like that, he needs to be prepared to do something pretty dramatic if the red line is crossed. otherwise, his credibility is gravely damaged. i think that's where we are at the moment. >> reporter: the united nations disarmament chief arrived in syria today to press the syrian government to allow the u.n. investigative scene to go to the site of the reported chemical attack. greg? >> thank you. celebrating the dream, then and now, thousands of americans descending on the national mall in washington marking 50 years since the historic civil rights march on washington and reverend dr. martin luther king's speech for the ages. we'll go live to the monument for more.

doug? >> reporter: good morning. you're just looking at another wave of the march beginning to approach the end point here at the washington monument. the reverend dr. martin luther king could not have foreseen how his march 50 years ago would unleash a wave of changes in american culture. not only did we have that march 50 years ago, three months after the march we had the assassination of president john f. kennedy. the following year we had the arrival of the beatles who forever changed american music culture and rock 'n roll. we had the passage of the civil rights act, the voting rights act. we had the vietnam war protest. we had, in 1968, the assassination of robert kennedy, george wallace, and of course martin luther king, himself. all of those events either directly or indirectly helped to bury the policy and the issues of segregation for a large part of the people who were living in the united states at that time and for many of these marchers here today, people like the holloway brothers of mobile, alabama who grew up as children in that segregated environment. i spoke with them on the passage

way earlier. >> it was rough. segregation was alive and well. it was hard for black people to stick together to achieve things because of the violence. the bombing that was going on in birmingham and medgar evers and all these things were going on at that time, so your parents was a little reluctant to let you participate, because they knew the consequences, you could probably lose your life. >> there's work in progress, and there's a lot of work that's left to be done and that's up to us to pass on to our -- those of my great nephews. being a part of the movement and the action, you know, and to volunteer and help your fellow man. >> reporter: as the crowd passes by here in different segments you hear different chants. no justice, no peace, jobs, not jail, another segment chanting, trayvon martin, trayvon martin.

one of the great ironies of the civil rights march of 50 years ago is despite the end of over the segregation so many of the socioeconomic pathologys of the inner city and black culture in america persist to the same degree they did 50 years ago. how to remedy them, how to address those problems, remain the subject of such vigorous, vigorous debate here in washington and around the country. back to you. >> thank you very much. all right. want to update you on this massive wildfire in california. it is crossing into yosemite national park. firefighters reportedly nowhere near containing this thing and the fire's effects are far reaching. in fact, the governor of california declaring a state of emergency for san francisco about 150 miles away due to the threat the fire poses to utility transmissions that could knock out all power.

>> reporter: because it is 150 miles away, it certainly doesn't sound -- sorry -- sounds like it is far away but it is not at all. what has happened in yosemite national park is that the fire has consumed about 11,000 acres and hit the area of the reservoir, greg, which provides about 85% of san francisco's city and county water. that's why jerry brown, the california governor, issued that proclamation of an emergency. in fact, in that proclamation they were warning there could be disruptions in water supplies, also power supplies. we understand that some power lines are being taken down, taken off the grid, taken off line. we don't know what disruption that will cause to the city. the authorities saying it probably will. for the moment though they're taking power on the grids trying to keep the lights on in san francisco. the fire continues to rage on, now 125,000 acres in size. that's 20,000 more than yesterday. estimates are that it is going to grow a lot more because the fire continues to move toward

the city and on the edge of the city, about two and a half miles away, they built a big, bulldozered line break, and that should protect the houses in the city, but all the same, because of the challenges of the terrain fire officials are saying people have to beware. take a listen. >> we have very steep terrain and canyons and that type of terrain also drives fire behavior, so fire runs uphill very quickly. so given the steep terrain we have fire moving quickly uphill and up canyon very quickly as well. so the terrain creates a lot of complexity and extreme fire behavior. >> and the city of tuolumne here is surrounded by those kinds of ravines and canyons. from where i am standing there is a fire raging on the other side of the canyon and fire officials are saying this afternoon we expect that to really take off. that is why the town is full of hundreds of firefighters and engines. you get the sense they are waiting for this big break to happen and that is going to be a

tough fight, they say. details on that later on through the day. back to you. >> we will check back with you, dominic, thanks very much. so far incredibly dry brush, very high temperatures have made this the 16th largest fire in the history of california. is more favorable weather going to help those folks out? we'll go live to the extreme weather center. what about it? >> sometimes the wild fires can create their own weather patterns. and because it's been mountainous terrain you can see wind gusts in excess of 25 to 30 miles per hour, so very erratic winds. it's very dry. as you can see it looks like the west is on fire with dozens of fires that continue to burn. our latest of course in yosemite where it just really exploded within the last 24 to 48 hours. in terms of temperatures, cool weather. however, it is very dry in this region and we could see some erratic winds, so again, an

uphill battle for firefighters and the drought is exceptional in some cases across the west. anywhere from dry to extreme to exceptional for all of these states that you see shaded in orange and red. so we will continue to monitor that. but that's hampering the wildfires as well or hampering firefighters' efforts to douse the wildfire. now, we do have some moisture working its way in from the pacific. this is a tropical storm just off baja california. ivo, 45-mile-per-hour sustained winds. we were hoping we would get a little bit of moisture into yosemite in the next couple of days, but, unfortunately, it's going to be a little bit more to the south and a little bit more to the east, though these areas that you see shaded in green could see anywhere from 1 to 2, even 3 inches of heavy downpours. as you can see, greg, not really reaching into yosemite, which is, of course, our main concern this afternoon as that wildfire continues to burn out of control. back to you.

>> not far north enough. all right. thanks very much. >> okay. you'll be able to keep your doctor, period. if you like your health care plan, you'll be able to keep your health care plan, period. >> that promise from president obama appears to be falling flat as we get closer to full implementation of obama care. delta airlines voiced some concerns over its impact on the company's health care costs. u.p.s. also citing costs as the main reason for dropping benefits for the spouses of some employees. so is the president's pledge coming back to haunt him? a staff writer for "roll call" is here. how are you doing? >> doing well. good to be with you. >> let's talk about u.p.s. first. what do you make of this move

and might other major companies follow the lead? >> well, companies are always looking for ways to decrease their health care expenditures for their employees, so certainly you could see some large companies follow the lead of u.p.s. now, it's important to note that the unionized employees of u.p.s., who are teamsters employees, are not covered by this. but, certainly, you could see more of these moves in the months to come as the health care law kicks into effect. >> okay. and you know, you have the health care experts saying listen, u.p.s. and companies are like that are using obama care as an excuse to control rising health care costs. you say what to that? >> well, there's always going to be a question about how this particular law comes into effect, particularly if it's not delayed in some republicans -- and many republicans want to

happen. what we're seeing is how this comes into effect could be very different in different states, particularly depending on whether or not the state-based insurance exchanges work in individual states. so there could be some states where it works really well and where companies participating in the exchange actually save a lot of money but there could be other states where their health care costs go up. >> you say you don't really know until the full launch come october 1st. >> right. and that's part of the conundrum that we all have right now, which is until these exchanges launch, and until individuals can see what their options actually are in terms of where they can buy health care through the exchanges, we won't know exactly where it will work well and where it won't work well at all. >> and then, you know, you mentioned so many questions that remained. we have to see what happens come october 1st and the months and days and years to follow.

one of the things you've been reporting on and other folks, too, just a battle, this battle to defund the law or delay it. and, of course, you know there are those threats to shut down the government. do you feel that this is just merely good political strategy, or is this about the protection of the people? >> well, republicans on capitol hill are split on whether or not this is a good strategy or not, when it comes to using the threat of a government shutdown as a means to defund obama care. we'vseen a number of senate republicans mostescent -- most recently dan coates who had an op-ed in the indianapolis star newspaper the other day where he compared this to a bad play in football where you make a hail mary to try and win a football game when you could simply kick a field goal and put the game into overtime through a delay. so we'll find more about what

the strategy will be going forward come september from the republican side, but it certainly is good political fodder at least until the exchange is launched and we know whether or not people like what their new options are. >> all right. love it. football analogy. you watch football? >> absolutely. >> who is your team? >> i'm a new englander so a pats fan. >> all right. well, good for you. >> that's a shame. that's a shame. go niners. america's team. 49ers. the government is reporting more jobs out there, at the same time family incomes are going down. what does this mean for the country's fragile economic recovery? plus very important news in the developments about nelson mandela's health. what doctors are saying about the antiapartheid leader and icon. >> we'll update you on that. and reflecting on the reverend dr. martin luther king jr.'s legacy, then and now, the

highlights of today's big event, remembering the march on washington. you're not made of money, so don't overpay for at insurance. geico, you're not made of money, see how much you could save.

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welcome back. time for a quick check of the headlines. a military jury is sentencing army staff sergeant robert bills

to life in prison for killing 16 afghan civilians. relatives of the victims say they are far from satisfied with the sentence. the south african government saying former president nelson mandela's health has become unstable at times. the 95-year-old antiapartheid leader was admitted to a hospital in june because of a recurring lung infection. and a memorial service held for the mother and brother of hannah anderson today, police saying family friend james dimaggio killed the pair and kidnapped hannah triggering a national man hunt. the 16-year-old was rescued after fbi agents shot and killed dimaggio in idaho. well, hundreds of dead dolphins suddenly washing up on eastern shores. experts say they do not know why. government scientist declaring this as a, quote, unusual mortality event as they investigated a deadly virus as the potential culprit.

we'll go live to new york. what's going on here? >> reporter: hi, greg. it's unusual and mysterious. more than 250 bottle nosed dolphins have washed ashore on beaches up and down the east coast this summer. that's ten times, ten times the average for this time of year and scientists say a virus may be to blame. it is already the largest dolphin die-off since 1987 when more than 740 animals died and scientists expect a number of deaths to rise. scenes like this are becoming all too familiar. dead dolphins shocking beach goers from the new jersey shore down to norfolk, virginia. >> normally they just swim up and down the shore, close to the shore. but all of a sudden, you know, we just started seeing them on the beach all up and down the beach. they're dying on the beaches like that. it's something very wrong. something is very wrong. i hope they find out soon. >> reporter: in july and august 253 dead bottle nosed dolphins have washed along the shore along the east coast, 143 in virginia, 64 in new jersey, and

25 in new york. scientists performing necropsies on the dead dolphins now believe a virus may be to blame which is similar to the measles in humans. >> dolphins are very cohesive groups of animals. they're very social with each other within their groups that they travel in, and so a lot of diseases probably pass between each other through that close contact. you know, you like to use the analogy of colds in humans. >> reporter: now scientists say if you see an animal on the beach remain a safe distance away. there are no cases of the virus transmitting to humans, but marine mammals carry a lot of different diseases. >> 253 dead. a shame. all right. bryan, thanks very much. well, we have an incredible story in u.s. medical history as we hear the story of a woman who

unknowingly helped doctors make major medical advances and find cures and treatments for a long list of life threatening diseases. >> reporter: cells from the late henrietta lacks are among the most widely used in labs worldwide, bought and sold by the billions. they have led to cancer cures and treatments for everything from polio to parkinson's and now scientists have sequenced her genome, which will lead to many more cures. what does it feel like to have grandma's famous cells in your body? >> makes you feel like you're kind of like a super hero, like wolverine. we had henrietta lacks cells. >> reporter: without her consent scientists in baltimore gathered her cells and used them after she died from cervical cancer in 1951. >> we've got to maintain some kind of control over this because we don't know what damage is done. >> reporter: the lacks family is

thrilled with the scientific progress, but remain concerned the great history of experimentation on african-americans and the poor not be forgotten. this is the humble home of henrietta lacks, where she lived a difficult life, where she raised her children, never knowing that one day her cancer cells would change the entire scientific world and save so many lives. dr. francis collins, director of the national institutes of health and former head of the human genome project helped broker a deal between the nih and the lacks family. they will not be paid but will have some control of the cells. >> individuals should have the opportunity to decide how their own biological specimens are going to be used and what privacy protections they need. that's one principle. the other is that science advances for public benefit most quickly if data is acceptable and you don't put up unnecessary barriers.

>> some people feel like, you know, their soul is in these cells or that their family's dna is in these cells and it's a very personal thing and it gets to questions of where does life begin and end. the discussions essentially we need to tell people that. she was phenomenal in her lifetime, and she is phenomenal after death. >> reporter: in baltimore, maryland, dr. mark siegel, fox news. turning now to the conviction of fort hood shooter nidal hasan and the debate over whether he will actually end up getting the death penalty. a look at the historical evidence that suggests it's not going to happen. and as the president waits for evidence on whether or not chemical weapons were actually used in syria, we'll ask an expert about the president's option in this ongoing crisis and whether the u.s. is any closer to being forced to act. >> we have been very clear to the assad regime but also to other players on the ground that

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welcome back. it's the bottom of the hour and time for the top of the news. tens of thousands of people commemorating the march on washington ahead of the 50th anniversary of reverend dr. martin luther king jr.'s "i have a dream" speech the event honoring the civil rights leader and recognizing the ongoing struggle for equality. a massive wildfire now scorching part of yosemite national park. the fire also forcing a state of emergency in san francisco, california as it threatens that city's utilities. and bob filner stepping down as mayor of san diego. filner resigning as part of a

city council approved deal to cover some of his legal expenses from a sexual harassment lawsuit. back now to our top story, the investigation into reports of this alleged chemical attack in syria, the videotape is nothing short of horrific. in fact, we can't even show you the video that we actually have. the united nations secretary general calling the images heart breaking, sickening. but even if the u.s. navy repositions worship for the possibility of action, it's unclear whether president obama will pursue that kind of response. the executive director of the foundation for defense of democracy joins us now. mark, good to see you. twice now assad has defied the warning that was issued by president obama with nearly no consequences. maybe "the wall street journal" got off the best line and we

can will put it up on the screen. we can't rule out that assad is on dean obama's double secret probation list along with all the other misbehaving blutos in the global animal house. otherwise the use of chemical weapons has had no discernible impact on the president's calculus. do they have it about right? >> well, greg, they seem to, because assad seems contemptuous of the obama administration and of the united states of america. he is using chemical weapons against his own people. it's a major wmd tact in the heart of the middle east, which is a key strategic area for the united states. the obama administration set this as a red line and he has now repeatedly violated this without any consequences. >> mark, the trouble with the president drawing a line in the sand, again, he called it a red line, is that he is forced to act when assad steps over it. but then when the president failed to act or he backed down,

depending upon your point of view, did he lose credibility and respect and does that send a signal to others? hezbollah, russia, that america doesn't have the courage or conviction to act? >> greg, i think it sends a signals to those enemies and adversaries but also to our allies that the united states may not be serious about enforcing red lines or enforcing commitments. if you're benjamin netanyahu in israel right now you've heard the president say i don't bluff and i will stop iran from developing nuclear weapons you may not be taking that commitment seriously. you may be making your own decisions about how you're going to defend your country and your people from an iranian regime supporting assad using wmd against syrian people while developing a nuclear weapon that the iranian regime wants to use against the jewish state. >> right. and netanyahu in fact said syria is the field test of iran.

so, look. what about a narrow military option of air strikes. you know, you stand off weapons cruz missiles that would not jeopardize u.s. personnel, i mean, couldn't they destroy syrian government functions, delivery systems, command and control, front line artillery batteries? they could actually ground much of assad's air force. >> well, greg, that's right. i think they can go further than that. i think they can hit iranian assets in syria. i mean, right now the iranian revolution and guard corps, iranian backed militias and hezbollah are on the ground supporting assad, supporting the killing of syrian people, and it's a target rich environment. i think the united states has the opportunity right now not only to send a message to assad that chemical weapon use will not be tolerated but send a message to iran's supreme leader that he better watch out. >> right. >> that if the development of

nuclear weapons continues this administration doesn't bluff. >> well, president obama of course picked the man in power as the new u.s. ambassador to the united nations, the u.n. convening a very important emergency meeting of the security council over the chemical weapons. and power, who has only been on the job for a scant 19 days was a no show. he was on vacation. you know, honestly i've never heard of anybody going on vacation after 19 days on the job. what did this say? >> well, i think it also says that the united states has no faith in the u.n. security council, because they know that russia and china are going to block any attempt by the united states to get u.n. security council approval. now she should there making a forceful argument on behalf of u.s. national security interests but i think the obama administration needs to figure out another way to do this and i think they're waiting for the

clinton administration's strike during the air war as a potential precedent to do this outside of the u.n. security council and do this within the context of a nato strike. if indeed that is the decision that is made. last question. there are as we know islamist terrorist groups now operating in syria. they are growing in strength. so is this not just about human atrocities in syria but this is america's national security, if syria is the new yemen, isn't this a training ground for terrorists who are dedicated to killing americans? >> greg, that's right. the problem is it's been two and a half years of inaction by the obama administration, two and a half years ago we need to remember that the syrian uprising was a peaceful uprising by moderate syrians against brutal assad regime rule. and democrats in washington and republicans in washington suggested to the obama administration it was time to

act. president obama did not want to act. a year later he rejected the advice of his national security team including hillary clinton, david patraeus, and leon panetta to, again, arm the moderate syrian rebels. well, there are no moderate syrian rebels left that really have any ability to influence events right now. you are left with al qaeda and sunni extremists on one hand fighting assad, iran, and hezbollah on the other, and the united states has had no opportunity now to actually choose an option that could protect american national security interests. we've helped to create this sectarian bloodshed where you've got extremists fighting each other on both sides, and now you have the massive use of wmd in the heart of america's national security region. we are a choice now not between good and bad options but between bad and worse options, and the president, unfortunately, has created this mess. >> sort of a hobson's choice in the end there is really only one choice. thanks so much for being with us. appreciate it. >> thanks very much. here's the question a lot of

people are asking themselves. do you feel like it's getting harder and hard tower make ends meet? it might be because it is. troubling new information about how the economy is weakening the middle class, coming up next. and the sentencing phase set to begin monday in the fort hood shooting court-martial. could major nidal hassan get the death penalty for his crimes? our legal panel weighs in straight ahead. any last requests mr. baldwin? do you mind grabbing my phone and opening the capital one purchase eraser?

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a new labor department report says the unemployment rate fell for the sixth week in a row. just over 330,000 is the lowest since november of 2007. sounds not bad, right? another report shows since the end of the recession the average household income has fallen by

more than 4% to around 52,000 dollars. so does this really show -- what does it really show about america's economic recovery? joining us now, the managing partner of chetwood investments, ed, good to see you here. >> good to be here. >> you said first the numbers look good but when you peel back a few layers it seems to be not so good in terms of how the economy is looking. >> what the headlines try to do is project something very positive is going on and it's funny because you say dropped 4.4%. that is inflation adjusted and is using the government number of how they calculate inflation. we all know your cost of living is going up more than 2% a year. people are feeling a lot worse. you see it. people's tempers are short. people aren't focusing on their jobs as much as worrying about where their next paycheck is coming from. so this is hurting everyone today. things are not good. they're not getting better. quite frankly they're going the

opposite direction. costs are higher, wages are lower. the economy is slower. you're hearing negative news every single day. >> if you were advising the government, i'm sure there are many answers you probably would give, but how would you say, hey, government, this is what you need to do to try to get the economy on a better track? >> it's funny. i think about this a lot. you know that. i mean, i sit around and think about how this economy can get better, how can it get stronger? it is almost as though we need to hit the control, alt, delete button on almost every policy we have right now in terms of the economy. printing money does nothing to help the economy. what we have to do is literally cut taxes and that will stimulate and get basically the economic conditions better. that will create more jobs. we are in something right now called stagflation, very high unemployment, slow economic growth, and rising prices. regardless of how you measure the cti. the only way to fix stagflation is to cut taxes across the board. >> when you say taxes across the board are you talking businesses

or personal income taxes? >> just about everything. it sounds countertuitive. it's almost as though saying i want to lose weight so i'll go stuff my face at the cafeteria. doesn't make sense but it works. if you cut taxes you will stimulate the economy. you will then start seeing businesses start to literally grow, take greater risks because there will be more money. then there is one other thing which is obama care. i deal with business people every single day. they are very hesitant to take any risks of any kind. you hear the headlines and it's almost as though you're -- the headlines are out there saying one thing but the reality is different. okay? and we have to be very careful and dig a little deeper because things aren't good and everyone knows it. they want to believe it. they want to dream that things are getting better but it is really a nightmare. >> a couple things, and everybody wants to wake up from the nightmare, so i ask you first, how do we get the middle class feeling better again? >> right. >> and having better dreams, if you will. >> sure. >> and realizing the american

dream. and then also you mentioned obama care. and of course you have a lot of the folks in washington saying what you say, that it's going to really kill the economy. if that's the case, then why wasn't something presented better if it's so bad, and i'm not disputing it is or not. >> right. >> just saying why didn't they come up with something better before we got here? >> well, i think, and obviously i am not in washington. i believe what happened was this was presented and there could have been negotiations, could have been more discussions about it. i'm not a politician and i got news. i'm never going to be a politician. i'm one of those guys who sits back and tries to figure out ways we can solve things. is there a solution? sure. do we want people to have health care? of course we do. we also want the economy to recover. if you get the economy recovering everything else will start to flourish and good things will happen when the economy does get moving along. obama care, when they say people in washington say this and so on, i'm on the front lines every single day. i talk to people every single day about why they're not hiring and how their businesses are. and it is a lack of clarity and fear that is overwhelming.

it's regulation and people have to get past that. >> i have to go. you just say when it gets better so i believe you're remaining hopeful. >> alt hopeful. >> good to see you. welcome to new york from big d. we love dallas. greg, over to you. it will be life or death for nidal hasan after a military jury finds him guilty of the fort hood massacre. why imposing the death penalty for a terrorist who murdered 13 americans, a scene that actusee is going to be harder than you think. our legal panel weighs in. begi. [ man ] hey, brad, want to trade the all-day relief of two aleve for six tylenol? what's the catch? there's no catch. you want me to give up my two aleve for six tylenol? no. for my knee pain, nothing beats my aleve.

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. the death penalty phase in the court-martial trial for nidal hasan set to begin on monday after a military jury found him guilty of the murders of 13 people at ft. hood, texas, nearly four years ago. but as heinous as his crimes are, death sentences are pretty rare in the u.s. military, if he gets the ultimate sentence, he would join only five other soldiers on death row, some who have been on death row for many, many years. and, no american soldier has been executed since 1961.

hard to believe. mercedes joins us, fox news legal analyst and richard st. paul and also former member of the u.s. army jag unit. the judge edadvocate. prosecutors on monday are going to call 19 witnesses and family members of those who died, who were murdered. it appears, though, they are trying to prove one of the aggravating factors, which would seem self-evident. they have to prove one of the two. multiple victims, more than one. 13 here, not to mention all those injured. and the killing of a military officer or law enforcement official here. i mean, the aggravating factor should be a slam dunk, shouldn't they? >> without a doubt. also with aggravating you have mitigating factors. the aggravating factors goes into how he murdered them in cold blood. >> what mitigating factors are there? >> the mitigating factors go to

why would we give him life in prissen? do we want him to be considered a martyr? he is a paralyzed right now, can you imagine 23 hours of solitary confinement adult diapers with a catheter for the rest of his life? >> mercedes in court documents to this point, let's put this on the screen. he said this, i'm paraplegic and could be in jail the rest of my life and died by lethal injection, i would still be a martyr. what if one of the family members takes the stand on monday and says, don't give him what he wants. >> that's exactly right. frankly, that could possibly happen. the blood bath that this man cr were trying to save other soldiers those soldiers were injured, killed in the same process. complete blood bath and the only aggravating circumstances is that he had mental illness. >> what mental illness? >> apparently he has

posttraumatic stress disorder. >> he's a psychiatrist. >> understood. >> ptsd because he had to listen to the stories of those who actually were in combat, please. >> well, frankly, you know, if i was the family member, let this man just rot in jail. let them sit there and rot in jail and think about what he did every day because lethal injection is far too lenient. >> as one member of the family of the victim said the death penalty would be too lenient. i agree with that. >> too easy. >> death sentences, though, here's the issue. they are very rare in the military. indeed, statistically most of them get tossed out. we'll put this on the screen. military trials in the last three decades, five condemned soldiers are on death row. 11 of 16 death sentences, though, have been tossed out. they have been overturned. no one has been executed since 1961. so, richard, did this judge skillfully limit the scope of

the evidence to foreclose issues on appeal? >> well, first of all, if we were in a sevilcivilian courtro this would have been done. four years wouldn't have passed because he pled guilty. in a military system you cannot plead guilty. we have to go through this whole trial. >> a charade. can only go to his benefit because the family still doesn't have closure four years later. to sw your question, the best thing to do life in prison because of the automatic appeals process that is triggered from the death penalty. that's the best process. >> it's automatic. whether he wants it or not. >> it's automatic. in this situation here, we didn't have a defense and this case should be over. >> he doesn't want a defense. even if there is an appeal here -- >> i wonder if that's an issue of appeal. >> he's the one who waived it and certainly this judge took the precautionary measures to tell him, you are certain that you want to waive your right to effective counsel. you're going to represent yourself. all those statements have to be

on the record. i'm sure she did the right thing. >> he has the right to represent himself. he did a bad job. he had a fool for a client. i just wonder if an appellate judge and it can go all the way to the u.s. supreme court, wait a minute, he didn't put on a closing argument and didn't cross examine people. this was a charade. >> he also pled guilty at the very onset. he didn't want to go through this process. he wanted to go to the -- >> i want to ask, the judge disallowed his defense of others. his twisted defense was that, you know, he was going to, i'm out of time, i'm getting hard rap. i'm sorry about that. leave it for another day. thank you for being with us. >> thank you. stick around, guys. "cavuto and business" is up next. uses 89% less energy. and costs 77% less.

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who needs a paycheck from work when staying at home might work out to be a better deal? welcome everybody. good to have you. good luck getting folks to leave home. not if a new study says welfare related benefits are topping $38,000 in several states. that doesn't mean that everyone getting welfare is lazy. but i trust a good nanny can do math. the math doesn't make it all that compelling to get off the couch. to ben stein, melissa francis, along with adam lashisty. charles, what do you make of this? >> i talked about this a long