haskell has petitioned to remove her d.n.a. sample from the system? >> no. >> there is a statutory remedy to permit her to do that, but she's not availed herself of that. >> there's a statutory remedy but -- >> but she hasn't pursued it if the state said yes, we'll take your d.n.a. sample out of the codis system and destroy the sample itself, she'd get all the relief she was entitled to, would she not? >> if that happened. but that would be imposing an exhaustion requirement. there's only an exhaustion requirement only under certain circumstances. >> would your argument also apply to fingerprinting? could you bring a lawsuit claiming that fingerprints that were taken from the same people that you just described are likewise unconstitutional. people were released, they were never charged, we've got this record that remains there after this occurs. the supreme court said fingerprints and d.n.a. are constitutionally the same for purposes of this setting. how can you distinguish between those two? >> i don't read the case saying that they're the same. the

haskell was in six days of being arrested issued a certificate saying no charges are being filed. her d.n.a. being tested 31 days later did not help the jail deal with security issues, she was not in jail. >> so define for us what is the class or how do you define the people who to whom this lawsuit applies? as to the members of this class how do you define the people with regard to this class? it hadn't been certified, right? >> yes it was certified in july of 2010. >> that class encompasses everybody who is arrested? >> everybody who is arrested and is required to give a d.n.a. sample. >> so you have to talk about everybody and that brings to us just like king. you can no longer talk about your individual people. you have to talk about the class. the class applies to everyone to whom the statute applies. in that respect the second thing here, the second interest is just like in king, right? >> well, there can be subclasses and there is the possibility of creating subclasses. but the fact there is a class that includes everyone does not mean everyone in the class is entitled to r

we're here for the argument of haskell versus harris. judge gould is appearing by video. good afternoon judge gould, can you hear me? >> good afternoon. you are coming through loud and clear. are we coming through? >> great. i can hear you fine. >> okay, counsel ready? you may proceed. >> good afternoon. for the plaintiffs, i'd ask to reserve five minutes for the rebuttal. >> you have the clock. you'll have what is left over. >> may it please the court, this case is fundamentally different from king because california's law applies to people who are never charged with an offense d those who are discharged from lack of probable cause. there is nothing that can justify taking d.n.a. from these individuals who are not being prosecuted. king is tracking people as they go through the criminal justice system up through trial. >> counsel, i respect the sincerity of your view but the reality is the supreme court said in king that d.n.a. was like fingerprinting. if all of the things that you say about your particular clients are true, they would still nonetheless be fingerprinted

they heard arguments in haskell harris. this is just over an hour. >> good afternoon, the court of appeals for the ninth circuit is now in session. good afternoon. please be seated. we're here for the argument of haskell versus harris. judge gould is appearing by video. good afternoon judge gould, can you hear me? >> good afternoon. >> you are coming through loud and clear. are we coming through? >> great. i can hear you fine. >> okay, counsel ready? you may proceed. >> good afternoon. michaelerisher for the appealants.nd i'd ask to reserve five minutes for the rebuttal. >> you have the clock. you'll have what is left over. >> may it please the court, this case is fundamentally different from king because california's law applies fully to people who are never charged with an offense and those who are want of probable cause under mcclough lin and gerstein. interests that king identifies can justify taking d.n.a. from these individuals prosecuted being because all of king's interests relate to tracking and monitoring people a

on some weight has been one heck of a musket of my thumb and then the dynamo to mr lture tours and haskell stool and numbers demean fun feel this in common besides top it all fight thousand they mean by the end of two and fourteen i pulled by oxfam in september shorn just one percent of the police force in afghanistan was being mean and what a legit team needed to climb actual endeavors of clients coming to begin tightening up because it has been in a tin of course the offices. with that to come to the end of this week's episode

weight has been one heck of a musket from a commended in the dying them when mr lecture tours and haskell stool and numbers demean fun feel this in common besides top it all fight thousand they mean by the end of week fourteen. i pulled by oxfam in september shorn just one percent of the police force in afghanistan was being mean and what did he needed to climb actual endeavors of clients coming to begin tightening up because it has been in a tin of course the offices. with that to come to the end of this week's episode also got a thunderbolt ii was not in seeking and he will be back next week with more news and views from up on the sky. but by and for the puppets. i mean. it was. little. it is little. it is. little. it is cheap eats the gates to seventy. i promise next year of course all right. yours are. with all the activity what a witch. all are. while in st yet for thousands of protests is define your goals and got there in the faucet ukrainian capital was the biggest rallies so far this year. waging in syria the interior ministry here in paris is that teenagers are among the schools

weight has been one occasion a sketch from a commended in the dying them when mr lecture tours and haskell stool and numbers demean fun feel this in common besides top it all fight thousand they mean by the end of trinket fourteen i pulled by oxfam in september shorn just one percent of the police force in afghanistan was being mean and what did she needed to climb actual endeavors of lions and it did against the name because it has been an opt in approach between offices. with that to come to the end of this week's episode of god is not at all i am one shot not in seeking and he will be back next week with more news and views from up on the sky. but by and for the puppets. they are. you do i was. low. it is. little it does. little. it is cheap eats the gates to seventy. i promise next year of course all the hard work yours are. with all seven games. what a witch. all are violent clashes between demonstrators and police the school's injured on both sides as protest is in kiev the five protest on. serious opposition threatens to pull out of this week's piece stokes off to the un and thought

officers responded and found the little boy by himself at the home in frank haskell court in bristow on wednesday. the child's mother is love franklin. she came home while police were still on the scene. she is being charged now with child neglect. >>> tonight we have learned lawyers plan to file an appeal hours after a man was sentenced in the murder of redskins star sean taylor. cara maloney is in the studio with the developments out of florida. >> reporter: it was one of the worst tragedies in the history of redskins football. sean taylor's killer has been sentenced. eric rivera will serve 57 years in a florida state prison. rivera was convicted this past november of firing the shot that killed taylor. it happened during a robbery attempt on taylor's home. the gunman and four others admit thigh they thought the redskins player would be on the road with the team. but a knee injury kept taylor home that fateful night. today in court with taylor's family, he said it is a night he will always regret. >> and i'm going to have to live with the consequences. and i'm truly sorry for your

it's being reported that but come on the haskell said being released by the egyptian authorities the adoption of diplomats in the libyan capital in the states the fragility of government control as the magicians who helped topple monica duffy no refuse to disarm. delegates are bracing themselves for a tough day of talks in geneva and when it's head of syrian government and opposition negotiate is to get down to discussing the country's political future. it's the scent of a scene which divides the two signs up to three years of civil war. at least some basal some progress on the humanitarian front that the government saying it will allow women and children how to use these homes. it is in the studio sheldon and lamentable actor named dollars if you don't wish to adopt and immediately everyone says that not only that which provide them with chipper which of them for what it was meant to send a mission to provide them with all be needed. this is his fourth trip in iraq. well the progress stopped if anyone cycle talk about the city and without president assad was top looking a lot transi

in 2009, police arrested elizabeth haskell at a rally of the -- against the iraqi war. she was forced to give a cheek swab. although she was released without charges, her dna is now stored in a did a bang. this is a little more than an hour. >> good afternoon. please be seated. we're here for the argument of haskell versus harris. judge gould is appearing by video. good afternoon judge gould, can you hear me? >> good afternoon. you are coming through loud and clear. are we coming through? >> great. i can hear you fine. >> okay, counsel ready? you may proceed. >> good afternoon. for the plaintiffs, i'd ask to reserve five minutes for the rebuttal. >> you have the clock. you'll have what is left over. >> may it please the court, this case is fundamentally different from king because california's law applies to people who are never charged with an offense and those who are discharged from lack of probable cause. under mclaughlin and gerstein. there is nothing that can justify taking d.n.a. from these individuals who are not being prosecuted. all of kings interest relate to

. >> it's old fashioned, like eddy haskell. >> we should bring it back.we're going to have to say, don't forget to set your dvr. you never want to miss an episode of "the five." "special report" is next, and a big congratulations to bret bai baier. today is his fifth anniversary hosting the show. stay tuned for a look back at the five years. see you tomorrow. here comes bret baier. >> how cool is that? >>> congress is back. and the countdown begins to the crucial november midterms. the first political ping-pong ball, unemployment benefits. this is "special report." good evening. i'm bret baier. eventually everything congress does in the next ten months will be geared toward seizing or holding on to power on capitol hill. today's focus on jobless benefits and income inequality foreshadowed the democratic strategy. brit hume looks alt the political implications on the fight.

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i was at the graveyard at haskell native children including infants are buried. children taken from their native families to be raised as caulk cautions under the theme "kill the indian; save the man." i was at the monroe school here in topeka the doctrine of separate but equal was once the law of the lander. as governor, i acknowledge and accept responsibility on behalf of the people of kansas. and i ask forgiveness for these wrongs we have done. today the nation deathers while the path forward seems uncharted. america can't decide which way to go. yet pat path forward is clear. kansas is leading an american renaissance. a return to the virtue and character that built this state and a great nation in the first place. the path is not uncharted. we know the way. we must redrill the will that gave us life the first time. they will refresh and renew us again. today we're growing and moving forward but not for the sake of growth alone. we grow because it helps everyone to realize the god-given potential. we rebuild our families so 3 millionth and automatic of those l

we have a picture here in her uniform in her plain haskell letter jacket.i think it was a very good accomplishment for ms. rosalyn at the time. this is the plains united methodist church. it is only steps to where president carter asked ms. rosalyn out on a date for the first time. it is also where they got married. it is a very special place for president and mrs. carter. and a special place for plains. this is the train depot in plains, georgia. it is the oldest building here in plains. in 1976, this is the logical choice for headquarters. mrs. carter was a key figure in his campaign. and as you can imagine in 1976, the hustle and bustle of all of the activity in the campaign with tables and desk and phone going off and letters coming in and out. ms. roslyn was here helping run he campaign. and the whole family had a part to play in the campaign. his sons and his daughter had a ole in the campaign. and of course, his mother, ms. lillian, and ms. roselyn's other, ms. ally. they would have sat out here on the platform, greeting visitors. this is where rosal

haskell recognizing what king does restrict, to simply say go to the supreme court decision, it talks about a valid arrest supported by probable cause. says we cancouncil draw the line with a judicial determination of probable cause and therefore am a free reign under the california statute. what is wrong with that line in terms of did -- interpreting how king applies to this case? nothat interpretation would be consistent with king, which recognizes that the identification information am a whether it is fingerprints, photographs, or dna, informs the charging decision. scalia role does justice -- how would this respond to ?udge mcewen's for whatever reason, they got it wrong, something you did not charge. how do we interpret that? >> justice bill leah made a number of factual errors in that analysis. there are criteria, the court announced what the criteria is for taking, analyzing, and keeping the sample. >> at every juncture, the u.s. supreme court recognized and focused on the national import of king. -- ine rogers stayed recognition of the fact that it implicates important feature