because joe halderman in my view, is not guilty of any offense. >> let my bring mr. horowitz in. dan, what was your initial response when you heard this motion to dismiss? >> our response is that this is just an attempt to once again, shift focus away from some very difficult facts for mr. halderman. facts that clearly indicate that the only thing that was on his mind was to blackmail david letterman. you cannot get away with analogies and theories here, when you look at all the facts and circumstances. that mr. halderman is accused of standing outside mr. letterman's apartment at 6:00 in the morning, delivering a blackmail package that threatened him personally and professionally. demanding a big chunk of money. and then in tape-recorded conversations, demanding $2 million for silence. that's classic blackmail, no matter how many analogies you want to make to tabloid stories. that frankly have nothing to do with this case. >> i imagine you're feeling is that the judge in this case is going to take no time and knock this right out? >> that's absolutely right. i don't think this i