rock follows gattis. different judge writing the opinion, but same issue. >> right. and here we go again, as i see it, where the court -- i thought the dissent made a very good point. both dissents were much more persuasive to me. but basically the court said that since she -- i mean, basically that she didn't want her marriage to end, and that showed that she had a motive to fabricate. and so if you have done fabrication before, then that seems to me to be relevant. but just because -- even assuming that that in fact was the case, that she didn't want her marriage to end, i don't know that that shows she had a motive to lie about a rape. and so i'm very concerned about how the courts are interpreting this and particularly because i think if we go back to the underlying purpose of 412, and going again to this constitutional point you've raised, that the reason it's, quote/unquote, favorable to a defendant to raise the prior sexual history of the victim, it's because that's a huge -- what i would call smear tactic. and that is -- i mean, not just prejudicial to the vi

so gattis provides one example. but i'd be happy to provide additional examples from the case law in a written submission after my testimony. but i hope that addresses at least initially your question. >> thank you. >> i could offer -- i've seen it apply, the 403 balancing test apply when there's going to be some sort of delay where, while the evidence may come over the hurdle of unfair prejudice to the victim's privacy right, but it's still going to take a while to get the evidence. and the evidence is just not worth delaying the trial to get that evidence into court, particularly -- as i said, i was a judge and we frequently had witnesses that would have to come out there. >> if i could -- >> just the 403 analysis. >> yes, ma'am. in fact, in a particularly troubling aspect of the concurring opinion in gattis, former chief judge efron proposes a methodology where military rule of evidence 403 would even be overcome by material evidence that's favorable to the defense. he would propose that that constitutional imper

rock follows gattis. different judge writing the opinion, but same issue. >> right. and here we go again, as i see it, where the court -- i thought the dissent made a very good point. both dissents were much more persuasive to me. but basically the court said that since she -- i mean, basically that she didn't want her marriage to end, and that showed that she had a motive to fabricate. and so if you have done fabrication before, then that seems to me to be relevant. but just because -- even assuming that that in fact was the case, that she didn't want her marriage to end, i don't know that that shows she had a motive to lie about a rape. and so i'm very concerned about how the courts are interpreting this and particularly because i think if we go back to the underlying purpose of 412, and going again to this constitutional point you've raised, that the reason it's, quote/unquote, favorable to a defendant to raise the prior sexual history of the victim, it's because that's a huge what i would call smear tactic. and that is -- i mean, not just prejudicial to the victi

and in gattis, that's what the judge did. she narrowed the scope of cross-examination to prevent the defense from going too far victim'sto the sexual -- previous sexual behavior. example. provides one but i'd be happy to provide additional examples from the case law in a written submission my testimony. but i hope that addresses at least initially your question. you.ank offer -- i've seen it apply, the 403 balancing test apply when there's going to be sort of delay where, while the evidence may come over the of unfair prejudice to the victim's privacy right, but take a whileing to to get the evidence. and the evidence is just not worth delaying the trial to get that evidence into court, particularly -- as i said, i was we frequently had witnesses that would have to there.t >> if i could -- 403 analysis. >> yes, ma'am. in fact, in a particularly aspect of the concurring opinion in gattis, chief judge efron proposes a methodology where military rule of evidence 403 overcome bye material evidence that's favorable to the defense.

. >> what other bronx special gattis should i be paying attention to?> that works for you. >> yes. >> i like bacon egg and cheese sandwich. >> that's a classic. that's a new york classic. >> it's like the weather gets nice. >> what is it -- what is chopped cheese? whanchts what is chopped cheese? >> where does this come from? >> this thing whatever it is, it will do just fine. as long as you're reading while your eating it kid. >> somebody should just experience it in their house. it's such a simple thing but it tastes so different than like a cheeseburger which is what it kind of is actually. >> but way uptown or downtown you say can i get chopped cheese and they're like what? if you go here they're like come right up. >> so this is a regional specialty. >> it's newer too. it hasn't been around that long. >> i've been everywhere in the world and i mean just about everywhere in the world that you can think of as beautiful as the cities around the world are it's really in your blood. you're living in paris you'll want a chopped cheese sandwich and you'll

isis is terrorizing the iraqi and syrian people and slaughtering and persecuting religious my toir gattis and attacking schools and hospitals and cultural sites. but if the fight is to succeed it must be a fight against an eternal cancer and not be or be perceived as principally a western fight. though some have sought to minimize the contributions of b arab and muslim nations they're spending a powerful political signal to their populations and to the world. we have a unique opportunity at this crucial moment in history to bring the world together to confront a common violent enemy. our role should be to help bring together a broad coalition and support of a unified iraq and a moderate syrian opposition by training and equipping them for the fight and as part of the broad coalition with the strong visible support of arab and muslim countries by providing arpaioer that the iraqi's and syrian's lack. boots should be on the ground but iraqi and syrian groups and we should establish a bufferer zone in order to protect civilians. it would be secured by turkish boots on the ground if turkey is

>> ben gatti -- benghazi. >> there you go. >> the families of this country deserve answers on benghazi. i think it's outrageous that people died. that is below -- >> don't go down that rabbit hole. the economy is an issue that congress is debating needless lirks a nonissue. >> look i i think there are a number of republicans who continue to bash renewable energy. i've voted for renewable energy. let me go back to what he said about benghazi. >> you'll have time -- >> he doesn't believe it's worth looking into. >> both of you will have time to address topics you wish to. continue shoff our -- some of our short questions. if you were invited by a family member who was gay to attend a same-sex wedding, would you attend? >> yes, i would and i would be the fish yant as well. >> would you? >> i support traditional marriage but people deserve to be treated with dignity and respect, i will respect the decision of the court. >> not comfortable efficienting? >> i would attend. >> ok. should there be term limits on serving on congressman and if so, why? >> i believe there should be terms and that

. >> let's talk about, let me ask you a question that when we were talking to kim gattis of the bbc,urkey to do? let me ask you that same question, at what point do we say you are not our allie, few had a vote, you'd be out of nato. it's disgusting. >> turkey is a nato allie. so that's a serious problem when turkey has gone so far south in terms of being willing to cooperate with us. the president was very proud of his relationship with erdowan. >> that hasn't worked out so well either. this is supposed to be an administration that was good with the soft power. >> why do we feed turkey? >> we don't need to have turkey, we need to know what they are doing so we can side what to do. they have enemies in common. syria, i think told turkey, we have to watch out for ourselves, if we have to cut a deal with isis, that's okay. you know what, the u.s. isn't going to be there. >> since turkey has been such a bad allie, would you support the kurds, basically, say, how about it? clean up the north? >> i would be more comfortable if there were u.s. presence there. it's not like the kurds could b