avery friedman and richard herman.actually went to federal court yesterday in north carolina. said he didn't do anything wrong. he's accused of basically using money from some wealthy donors to hide his affair with rielle hunter, which everyone says clearly is morally wrong. the question is whether or not it is legally wrong. avery, i'll let you go first this time. do you think the prosecution has a case here? >> well, there's something there, richelle. they are using a theory that is untested in american jurisprudential history. there is no case law supporting it. this is the first indictment, frankly, i've seen in decades, if ever, that relies on a "national enquirer" article. a federal district judge may very well throw the case out because of the unprecedented nature of the case. >> richard, do you agree? is this ever going to get to a jury? >> i think there's a chance it gets to the jury, richelle. but the problem here is that he's relying upon -- edwards acknowledges, yes, this money was used to cover up his rela

so that's the next challenge for everyone. >> all right, richard herman, avery friedman, thanks so muchee you. >>> all right, taking a very fast spin face to face with nascar driver jason leffler at the wheel. he told me just how close to the wall he gets going nearly 200 miles an hour. act my age? -why? -why? -why? [ female announcer ] we all age differently. roc® multi-correxion 4 zone moisturizer with roc®retinol and antioxidants. lines, wrinkles, and sun damage will fade. roc multi-correxion. correct what ages you. i thought it was over here... ♪ [car horn honks] our outback always gets us there... ... sometimes it just takes us a little longer to get back. ♪ >>> imagine driving up to 200 miles an hour 200 times around a racetrack over a ten-month, 36-race season. a lot of numbers, right? two nascar drivers i caught up with face to face said it beats working for a living. we went for a spin around the charlotte motor speedway to give me a more authentic view. so when you're practicing, what are you working on? are you working on speed, working on the banks, what are you trying to fo

avery friedman in cleveland and richard herman in las vegas.situation and maybe a little awkward. the president is playing golf today with house spooeker john boehner. boehner is among those who's saying he wants to challenge the president, that the president should have gotten congressional approval before launching any military involvement into libya. is he right? are those who say that right, that the president should have gotten congressional approval? >> it's less than 2% of congress that filed the lawsuit although most of the republicans are saying that. the bottom line on this thing is the definition of hostilities. congress left it vague. it's a sign to judge reggie walt what did the scooter libby case. in the history of american law, no federal judge has ever resolved this kind of dispute between congress and the preside president. bottom line, the case will be thrown out. >> oh, really? richard, do you see it this way? the president was a former constitutional law professor. and he knows constitutionality. at least that's the thinking

. >>> earlier today i discussed the casey anthony case with our legal guys, avery friedman and richardn. avery talked about the casey anthony's mother, cindy, who was testifying this week. >> cindy anthony has been a very powerful witness in this case, probably up to this point the most dramatic witness for the defense. the difficulty in what happened on thursday and friday is that i think cindy anthony understands her granddaughter is gone, her daughter faces lethal injection with the conviction and she has taken off on the -- in a wild blue yonder on this issue of chloroform and chlorophyl. >> she thought her dog was sick, had eaten some bamamboo, she we to look for a component. do you think the jury buys that? >> it is so odd. i don't think so. look, chloroform was deleted from the computer 84 times. and there was no inquiry about that with cindy anthony. it is really a preposterous part of the defense. again, we understand cindy. we understand the loss of her family. we understand the motive for not being forthright about that. but it just is not working. >> what is interesting the

we're going to bring in avery friedman who's in cleveland. richard herman joins us from las vegas. of all, i was watching this trial. i am riveted by this trial. day 16, we heard the forensics, how they found the girl. avery, how does that affect the jury, the graphic testimony? >> well, this is the most dramatic part of the trial. it is the crescendo that the prosecution is building to achieve their obligation of proving their case beyond a reasonable doubt. they've done it carefully, methodically, they've done it smart. but again, the skull, the idea of testimony, even the part about drawing the body into the woods where bones were gnawed by animals, obviously is having an effect. question, prejudice durable versus probative. probative prevails. it's an appropriate way to prosecute the case. >> talking about the garbage that was in the trunk of casey's car, first of all, what kind of mother drives around with garbage in her car? it's not even logical. they find traces of chloroform on it. why do you think they're spending so much time on this? >> well, one of the keys the the pro

i talked about that possibility with our legal guys, avery friedman and richard herman. >> three-quarters of the jury already made their mind up. beyond that, imagine the cross examination if she takes the stand, fred, they'll ask her 500 lies that she said and they're going to get her to acknowledge those were all lies. then they go to summation and say, you can't believe she's lying to you now. there is no plus of putting her on the stand. forget about the incest. that's not a pass to be a pathological liar because you had incest as a kid. that's not going to fly. he's got to abandon that, concentrate on the forensics, where they're making a great day today. dr. spitz was phenomenal today. >> in speaking of which, the pictures we are seeing of casey anthony, has her head turned away because apparently they are showing forensic evidence, they're showing more photographs and so she is appearing to be a little unsettled by that. werner spitz, this pathologist said he describes this autopsy as shoddy. he says in fact, he testified just moments ago that the duct tape was placed on that skull

. >>> and earlier today i asked our legal guys richard herman and avery friedman about the graphic natureweek's testimony of anthony's trial and we talked about the impact it had on the jury. listen to our discussion. >> this is the most dramatic part of the trial, deb. the kre senn doe that the prosecution is building to achieve the obligation of proving the case beyond a reasonable doubt. they've done it carefully, methodically. they even done their part. the skull, the idea of testimony, even about drawing the body into the woods where bones were gnawed by animals obviously is having an effect. obviously prejudice versus probative, probative prevails. it's a way of prosecuting the case. >> they spent a lot of time about the garbage that was in the trunk of casey's car. first of all, what kind of mother drives around with garbage in her car? it's not even logical. they find traces of chloroform on it. why do you think they're spending so much time on this? >> well, one of the keys to the prosecution's case is casey put the child after she was dead in the trunk and drove around with her