former judge ana gardiner was tearful in her testimony to save her career and her reputation for lying about a secret relationship with prosecutor howard schienberg. >> nothing has ever interfered with my job because that has been my life. >> reporter: that doesn't keep the florida supreme court from disbarring her. "considering her dishonest conduct during the trial in a death penalty case, we conclude that disbarment is a appropriate sanction." this man was accused of stabbing a man to death. he blew the whistle on the relationship, alleging they talked about the trial while they partied together. it was revealed in court documents the pair exchanged over 900 phone calls and almost 500 texts, even on the day gardiner sentenced him to death. the court ruling stating that gardiner's failure to disclose the relationship tainted the entire legal process. he was given a retrial and is now serving life in prison. this isn't the first time relationships have formed in the courtroom. during the infamous o.j. simpson trial, prosecutors marcia clark and chris darden got extremely close. now th

and gardiner who married the attorney representing her in this case was also ordered to pay over$,000es. so question of bad judgment there. >> you pointed out, you would think a prosecutor and judge would know to be more discreet. >> they were having a lot of contact during this trial, a death penalty trial. the man was retried. >> 900 phone calls that's a lot. >> talked a. >> yes, they did. mara, thank you. >>> let's look at mr. ron claiborne. good morning again. >> hi, again. good morning, everyone. >>> in the news, dramatic new video that shows the aftermath of the horrible six-car crash. involving actor/comedian tracy morgan. he remains in critical condition today. a friend with tracy was killed. a truck driver is being blamed for ramming morgan's car. he is now facing charges. >>> new details about army sergeant bowe bergdahl's five year in captivity in afghanistan, he told u.s. officials that the taliban kept him in a metal cage in the dark. after he tried to escape. we're also told that bergdahl is not psychologically ready to talk to his parents or family yet. >>> and so much

my mentor at the time also happened to be david john gardiner said to me elizabeth can i write this sothat 40 years from now people will know what it was like then. it cannot be recaptured. now i don't know that i wrote it any differently with that in mind. i didn't know whether i would be in 40 years. it just happens that it's 40 years from now. this is not an anniversary that. frankly it was out of print and i wrote to the mayor at the press who i had a very distinguished booklist and he wrote back and said its ideology for the buck to be out of print. we are going to issue it in hardback. and i said i will write a little afterwards declaring stuff and then became the afterwards of the 10,000 word edition. but i also look back on what is watergate. with all due respect to listen to reporters doing outstanding reporting. that wasn't it. it wasn't petty crimes were a break-in. the break-in that was caused by the way i learned this when i was doing my reporting many years later it was actually the fourth attempt of these burglars to get into watergate. the first time they could get into

for example, in colorado, where you have cory gardiner and mark udall, that's going to be a race that everybody watches come november. >> bret baier, we'll be checking back with you later in the program, as election results come in. joining us now from the great state of alaska, sarah palin. governor, good to see you again. >> thank you, sean. >> obviously very close in mississippi, too early to call right now. in the final days of this campaign, thad cochran really angered a lot of conservatives by reaching out to democratic voters to push him over the hump here. that might have made the difference, any impact in the general election? >> well, you know, as for the primary, and perhaps if it's true, some shenanigans going on there, nothing should surprise you. that's old school politics where it's a bit of the status quo and that's got to go. it's very rare in a republican primary that the candidate who promises to bring home the bacon, promising bigger government, which is requiring higher taxes and more burdensome government actually pulls it off in the primary? that's a rare thing.