in the absence of any meaningful justification for the court's actions in gattis and brork, that puts practitioners and judges alike in a difficult situation, and i don't think many of us would jump to the defense of what you just described in gattis and brock. it's inexplicable to this practitioner. >> i can't speak to gattis because i haven't read that case, but i can speak to brock, and i just find myself -- perplexing isn't the word i would use. i think it violates the understanding of the statute. here we are. federal rules of evidence was in '76. here we are, almost 40 years later, and, you know the same cultural prejudices are affecting the courts' decisions here and particularly if you take the gattis decision that anything that's favorable to the defendant has to come in as a constitutional matter, well, smear is favorable to the defendant. it totally guts 412, if that's the concurrence and if that's what the military judges are going to follow. what is left of 412? >> there are those who make the country argument. but i would point out in ellerbrok, that the judge in that ca

he is trada, totally brorks begged m.c.s. for help. >> their response was we're not going to pay a penny, we don't think we're responsible for this. >> i don't have to think. i know that this was going on and his intentions were and he made them perfectly clear. >> m.c.p.s. has historically refused to comment about pending litigation. despite several attempts, the same is true hire. the teacher is out of jail now and not cament -- commenting either. the civil lawsuit asks for $2 -- $3 million in damages. >> it, kevin. we'll keep tabs on that one. you what's coming up at 6:00? >> gordon is here way look. >> hi, there. president obama has more than his share of critics for the way he's handling the ice ill threat. now a former u.s. president be criticizes the strategy as the united states launches one of the most intensive rounds of air strikes to date. and the governor of marylandle raising his eyebrows over what he considers to be a new human right. more on that in a few minutes. >> see you then. thank you. >> and in the mean

in the absence of any meaningful justification for the court's actions in gattis and brork, that puts practitioners and judges alike in a difficult situation, and i don't think many of us would jump to the defense of what you just described in gattis and ellerbrock. it's inexplicable to this practitioner. >> i can't speak to gattis, because i haven't read that case, but i can speak to ellerbrock, and i just find myself -- perplexing isn't the word i would use. i think it violates the understanding of the statute. here we are. federal rules of evidence was in '76. here we are, almost 40 years later, and, you know, the same cultural prejudices are affecting the courts' decisions here, and particularly if you take the gattis decision that anything that's favorable to the defendant has to come in as a constitutional matter, well, smear is favorable to the defendant. it totally guts 412, if that's the concurrence and if that's what the military judges are going to follow. what is left of 412? >> there are those who make the country argument. but i would point out, in ellerbrok, that the ju

in the absence of any meaningful justification for the court's actions in gattis and brork, that puts practitioners and judges alike in a difficult situation, and i don't think many of us would jump to the defense of what you just described in gattis and ellerbrock. it's inexplicable to this practitioner. >> i can't speak to gattis, because i haven't read that case, but i can speak to ellerbrock, and i just find myself -- perplexing isn't the word i would use. i think it violates the understanding of the statute. here we are. federal rules of evidence was in '76. here we are, almost 40 years later, and, you know, the same cultural prejudices are affecting the courts' decisions here, and particularly if you take the gattis decision that anything that's favorable to the defendant has to come in as a constitutional matter, well, smear is favorable to the defendant. it totally guts 412, if that's the concurrence and if that's what the military judges are going to follow. what is left of 412? >> there are those who make the country argument. but i would point out, in ellerbrok, that the ju