. >> wow, alan dershowitz, talking about the trayvon martin case.nd the photos, showing zimmerman's bloody head. if they had that photo and didn't mention it, that would be-- affidavit are supposed to contain all relevant information. the supposition is that his head was bloodied in some kind of a confrontation with trayvon martin. so, here comes alan dershowitz acting as an impartial obje observ observer, i would add to it, the reason the prosecutor filed the charges, the firestorm over the media did with this case and talking about al sharpton 15 years ago riot ideology, if you don't do what we want you to, we'll riot and now they've got ten this prosecution that even michael, an obama supporter, says they'll never convict him and what happens then. they will set it up and then a real cataclysm if zimmerman, i imagine, if he's acquitted. >> if he's acquitted dershowitz, you heard him say, judy, that there could be riots. should the media bear some blame? >> i think the interesting development was the kind of change in doan of al sharpton, who had

let me start with you alan dershowitz. i've got to say when i watch the lawyers for zimmerman give their conference today, i find it distasteful bordering on shockingly unprofessional. i think that's why my interview with them got so fractious. they seem to be in this for self-serving purposes. what was your view as a lawyer of what went down today? >> well, i was very upset and very disturbed as a criminal defense lawyer and somebody who teaches professional responsibility to students. there's certain things a lawyer can do under the circumstances. a lawyer can simply say i am no longer representing this defendant but he can't explain why. he can't say the client rejected my advice. that's lawyer/client privileged communication. he can't say he may have an insanity defense. he can't say that -- the lawyers can't say we don't where he is. he may or may not be available. he can't say that he called the prosecution. all of these things are covered either by lawyer/client privilege or by the secrets that lawyers are supposed

alan dershowitz, let's start with you.aw the brother last night, we just listened to the new attorney. interesting, because you've been vocal earlier today about saying that you believe that the probable cause affidavit was very thin. his response was interesting, i thought, that he believed it may have been deliberately thin. what did you make of that? >> first of all, i'm thrilled that there is a good lawyer involved in this case. i'm also very happy that the martin family has really tried to bring people together. both the lawyer and the family are trying to really put this case in the hands of the courts and take it out of the hands of mobs on either side or people who are cheering for a political outcome. i think that the lawyer, the new lawyer wants to preserve his option of plea bargaining. in many ways, perhaps even unethical affidavit. the affidavit fails to include what should be in. exculpatory material. if there is, for example, a grass stain on the back of zimmerman's shirt, if there were bruises on his head,

joining me now, harvard law professor alan dershowitz. i've looked forward to this conversation. you've seen the affidavit of probable cause. what do you make of it? >> it won't suffice. most are thin. this is so thin it won't make it past a judge on a second-degree murder charge. there is simply nothing in there that would justify second-degree murder. the elements of the crime aren't established. basically what's in the affidavit is what's in the public domain with the exception of the few little things that were put forward by your previous commentator, but the fact that the mother identified the voice as that of her son, of course, we all knew that was going to happen. there is nothing in there, of course, either about the stains on the back of zimmerman's shirt, the blood on the back of his head, the bloody nose, all of that. it's not only thin, it's irresponsible. i think that what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation, and overcharged, way overcharged. this case will not -- if the evi

alan dershowitz, pleasure to meet. >> you thank you. megyn: taking your thoughts.ollow me on twitter@megyn kelly. new questions about president obama's ties to beltway lobbyists as rnc use as scathing new ad using president owes own words to highlight influence industry. karl rove is here to weigh in on this and what it could mean for the president's re-election bid. >>> family farm is considered one of the free corners of america but the labor department is about to change all that. what the feds are planning to do next. ♪ ♪ ♪ and i never thought i'd fe this way ♪ ♪ the way i feel about you [ male announcer ] it's time to clean out your garage for a car that's worthy of being the 201motor trend r of the year. the volkswagen passat. that's the power of german engineering. ♪ it must be love ♪ love, love my high school science teacher made me what i am today. our science teacher helped us build it. ♪ now i'm a geologist at chevron, and i get to help science teachers. it has four servo motors and a wireless microcontroller over the last three years we've put nearly 10

. >> it was thin and alan dershowitz with. they don't have more evidence but i'm making an assumption they do. based on what we know and the eyewitness that seem to corroborate the injuries he had and the stories he gave police and trayvon was on top of him i got to believe they have more than that and it will come out a trial. >> my concern, we're seeing doj missing in action. >> doj, mi. >> eric holder is really more tainted the case by hugging al sharpton and a political sense. of course. we're wondering whether or not the justice department is going to take this case. >> sean: let me ask legally this to peter. you a lawyer. how do you have a bounty on someone's head. >> you don't. >> sean: we know who is doing it. >> if someone is violating the law then they should be. >> sean: isn't that a violation of law? >> sure you can't put bounty to have someone killed. >> sean: and they have not acted but if there is an acquittal in this case the department of justice will act against mr. zimmer manned and second trial. >> sean: a

i spoke to alan dershowitz about this earlier today and he reminded me that they won't be able to conclusively say it is trayvon martin, but they'll be able to rule out zimmerman. and chris, the reason that i think that's significant is because we're trying to find out what or who provoked this. and if you've got trayvon martin making a plea for help at the end of that 911 tape, then you wouldn't think he was the one who had provoked this. you would think that zimmerman provoked it. it will be very hard for him to protect himself in the stand your ground law. it's just not designed for he who is the provocateur in a case like this. >> jonathan, my friend, let me ask you about this question. and maybe you and i are all victim to this. we all come from the experiences that we've lived, whether it's a white person, a black person, an african-american or not. and this is in our dna, almost. how do we get from what we have to look at as the whole history of a lack of justice for black americans in this country, going back to the first slave to arrived here, all the way through jim crow, all the way

alan dershowitz, a major attorney, had issues with this second-degree charge and this affidavit behindyou? >> i rpt the heck out of him, but i'm not as outraged at all like he is. this is typical. probable cause affidavits that leave out the defense's perspective, that leave out statements that could help the public understand why the shooting took place? it happens all the time. all they need to do is put probable cause in the four corners of the arrest affidavit. that's what, arguably, they've done. yes, it's thin in certain areas, but that's all they typically do. megyn: what about, this is one of the pieces that has folks upset. now, this is the document that gets them the charges, right? this is the supporting affidavit that leads to the charges of second-degree. here's what the investigator writes in it. when the police dispatcher realized zimmerman was pursuing martin, he instructed zimmerman not to do that and that the responding officer would meet him. zimmerman disregarded the police dispatcher and continued to follow martin who was trying to return to his home. well, listen

alan dershowitz, said this is not only thin, it's irresponsible. what say you?> you know, first of all i share your concern and bob's concern is scarce and there is little there. having tha said that, all you have to do is plead to make they are not. >> you think it's sufficient here? >> it's a tough call. this is what they are going to do at trial. we know they are going use the stand on the ground law to get immunity. >> gregg: they are not going to get that far. this will be dismissed unless you beef up the affidavit. in fairness to the prosecutor in this case, she says that the very end, we have more evidence, but she doesn't state what it is. >> you would hope they do have more evidence. i think what they are going to do, like what? why did he pursue him. what made him suspicious at the outset. he knew he had a firearm, there might have been things on the 911 tape, we don't know what. was eight racial slur. what was the confrontation, what was the force used. >> gregg: some of that bob, in the document and this document also excludes relevant information th

let me tell you what alan de dershowitz, the noted defense attorney said. >> an affidavit is supposed to tell the truth, the whole truth, and nothing but the truth. this affidavit is perfectly consistent with self-defense. it doesn't even state the elements of a cre. of course, you don't have to say very much in an affidavit showing probable cause, but this doesn't even satisfy that minimal standard. >> does it satisfy the minimal standard in your mind? >> all they need to do is show probable cause. soledad, probable cause is not proof beyond a reasonable doubt. that's the prosecutor's burden at trial. she just needs probable cause for an arrest. so it might be the bare bones minimum. it's not going to get the case dismissed at this point. i'm sure the prosecutor is waiting to bring forth all of their evidence at a much later time. >> at some point there will be a stand your ground hearing. some have suggested that, in fact, that actually could be another moment in which all this ends. you could have the case tossed after the stand your ground hearing, do you think? >> that's absolute