judge? >> judge jeanine: greg, thanks so much. the state department estimates that 126 americans were onboard the doomed cruise. the embassy has set up a crisis response team in rome to help u.s. citizens. two of them described the first moments after the ship ran aground. >> it was very difficult for the life boats to get down because the ship was very at an angle and so the lifeboat can't go down the side of the boat like this. one of the boats was full of 200 people went down and caught on the railing and the life boat tipped sideways and fell and swung and everybody screaming. >> in the end, swept oh remember before we jumped off. one of the crew members telling us we need to stay on and that is when mark was saying we don't need to stay on because it was sinking so fast and where we were standing was actually underwater right now so we needed to get off right then. that is when about 100 or 150 people started swimming. >> vanessa rosales was on the cruise with her mother celebrating their birthdays. they junes me now on the -

i'm harris falkner, now back to justice with judge jeanine. . >> judge jeanine: remember the woman who mcdonald because her coffee was too hot? she's got nothing on our cast of characters tonight. yes, the annual awads for the most ridiculous lawsuits of 2011 as chosen by our viewers. my guest tonight. joey jackson. a legal analyst, gentlemen, women, what a year. >> judge jeanine: happy new year and guys, coming in at number five. you may remember this video of a dea agent holding up a gun at an education course. it went horribly wrong though. >> take a look at this. >> and that i know of, and i was-- i'm going to laugh. so he shot himself and then the video was released publicly and he gets mocked. he sees the dea for releasing the tape of him shooting himself. all right. guys, was there a lawsuit here? >> joey, listen, i say no suit. no way. why? number one, can't sue your employer, governmental immunity. >> judge jeanine: why can't they sue? >> because they're the government. >> absolutely. immunity acatching and the mutilation lawsuit is going nowhere. it's based on fact. to himsel

judge? >> judge jeanine: greg, thanks so much.tate department estimates that 126 americans were onboard the doomed cruise. the embassy has set up a crisis response team in rome to help u.s. citizens. two of them described the first moments after the ship ran aground. >> it was very difficult for the life boats to get down because the ship was very at an angle and so the lifeboat can't go down the side of the boat like this. one of the boats was full of 200 people went down and caught on the railing and the life boat tipped sideways and fell and swung and everybody screaming. >> in the end, swept oh remember before we jumped off. one of the crew members telling us we need to stay on and that is when mark was saying we don't need to stay on because it was sinking so fast and where we were standing was actually underwater right now so we needed to get off right then. that is when about 100 or 150 people started swimming. >> vanessa rosales was on the cruise with her mother celebrating their birthdays. they junes me now on the -- she

but we are suggesting that somebody other than that judge, another judge, look at that and determine whether it is facially sufficient. because that is the standard. we are looking at issues like in florida. you get -- get $500 to a judge, that is okay, but if you give more than that, that judge cannot hear your case. if you are, let's say, the campaign manager for a judge -- because we have elections -- if anybody's interested -- let me just finish that. if you are a campaign manager, he cannot appear before that judge. the aba spent two years on a report called justice in jeopardy, which is online, and it talks about how judges are elected in every single state. one of the document you might be interested in because i understand you have had vigorous talks about this recently is immigration. the aba just issued several months ago the most comprehensive immigration reform report in the last two decades. it contains 10,000 pro bono lawyer hours of some of the best law firms in america. part of the frustration that exists regarding immigration -- and i was just at a white house meetin

the judge says it should be increased. the judge has gone on to say that he will adopt the starting point of 12 years and then adjust to reflect. now we will go through -- are there any other mitigating factors? there were statements made by gary dobson and david norris' lawyers in court yesterday. he has to sentence these two pleasure,r majesty's and that is a phrase you would use when you are talking about juveniles. they will be detained at her majesty's pleasure. we're going to come through to a recommended minimum. i will get you legal expertise. just to remind you, the judge is now talking directly to gary dobson and david norris about their murder convictions and sentences they can expect. he is telling the court that the starting point is 12 years. he will adjust that up and down when thinking about other aggravating or mitigating factors. he began, "this is a racist crime." you would expect him to increase it. that is what we're waiting for, the minimum term before a possible parole. that does not mean that at the

it's up to the judge. but he didn't come to the court thinking i'm going to turn 18, everything is going to be dropped. that's the misconception the juveniles they have. they think once they're 18 everything goes away. that's not the truth. you're not really behaving yourself right now. >> yeah, i am. i haven't gotten in no trouble in a couple months. >> besides this. >> i ran away from home when i was 17. just wasn't talking to my mom, wasn't getting along real well. and so i didn't go to the court date because i wasn't at home. >> tell me exactly what happened to your arm. >> one of my boys told me that a drug dealer was trying to get rid of his lady. so i had his lady set him up. i was going to rob him and take his weed. >> how did you have the lady set him up? >> because he was trying to get with her. so then she called him over and said that her boy wanted some weed. when she gave him a hug i just started hitting [ bleep ]. then he pulled -- >> hitting him with what? your fist? >> he pulled out a gun

barges into judge barnes' courtroom.udge pointblank in the back of the head, and instantly kills him. this is an actual audio tape recording of the tragic shooting. [ gunshot ] [ screaming ] >> he then turned to shoot the prosecutor, realizing that the people sitting at the prosecutor's table were not the prosecutors trying his rape trial, turned from those lawyers, shot the court reporter. >> court reporter julie brandau dies a few minutes later. >> i was right outside the courtroom. >> ash joshi is the prosecutor in nichols' rape trial, one of the attorneys nichols is looking for. he's making his way to the courtroom for nichols' trial when he's stopped by the deputies. >> the deputies were all yelling at me to get off the floor. and it was not at all a suggestion. it was a command to get off the floor. >> joshi would later realize just how lucky he was. >> what if i had been in the courtroom and what would nichols have tried to do or done to me? >> by now, nichols runs outside. sergeant hoyt teasley is right on his ta

, especially federal judges, judges should follow the law. their own personal feelings on a matter or a controversy before them. so i think we really need to examine this issue very carefully. now, there's been some suggestion that justice gerrard might seek to craft his own preferred outcomes instead of following the law, and i'd like to respond to that. the concerns, of course, relate to a case out of nebraska, state of nebraska versus moore. in that case, justice gerrard ordered a stay of a death warrant pending the outcome of a another case, the nebraska supreme court was considering. at issue in the second case was whether the death penalty by electrocution as provided by nebraska's statute was consistent with the nebraska constitution. because the defendant in moore was scheduled to die by electrocution, justice gerrard stayed the warrant pending the court's decision in that second case. in the majority opinion in moore, justice gerrard noted that the court was using its inherent authority to stay the warrant. now, let me, if i might, m

. >> judge -- hold on.o that. he answered the question. the question the court asked, was would he pass a drug test. not did he use marijuana. >> i will sustain the objection. >> no further questions, judge. >> i have a couple questions for rod. you had tattoos removed didn't you? >> yeah. >> what kind of tattoos were they? >> i had gang tattoos. a scripture on my arm. i knew i was going to do bad in life, and that's why i removed the gang tattoos, because i ain't part of that life no more. because you know the gang, it's not here helping me right now. >> is there anything else you want to tell me today? >> regardless if i go home today or two weeks from now, when i get out i'm still going to go to school and i'm still going to be this positive person i became. because i like the person i became. >> huh. there's a whole bunch of stuff i could say to you today, rod. i know it was huge to remove the gang tattoo, which speaks volumes to me. after doing this job for 26 years, i don't think -- i'm sure there's s

our discontintinguished panel o judges are here. tell us what they'll be judging, what kind of tamales, if the folks can bring up the tamales so the folks can start the process here and we'll introduce the judges. >> this is the best darn tamale contest. what we do is we actually -- tamale companies from all over the country from mississippi to oregon to texas and new mexico fly their tamales in to us, and during the month of november, we test over 100 tamales. and there are some people in the audience who tested all 100 tamales. the culinary art school helped us out with it. we narrowed it down to 25 tamales. we have a vegetarian/cheese category, traditional chicken, tradition nal pork/beef, a gourmet and a sweet dessert tamale. so what the people will be doing today, our judges, they'll be tasting five tamales in each of the five categories. so they're going to be getting really full, damian. >> we're tape in san pedro market in downtown san jose. it ooh tess first time we took it on the roads. we'll be speaking with the judges in

lives whether that is a state district court judge or whether it's a federal district court judge. in the state of kansas when we vote, we have retention largely for a court of appeals and for a supreme court in the state of kansas. i know many people who vote either all yes or all no. and know nothing about those judges. and when our district court judges are up, they know nothing about them. i agree with you about the importance of the appointments. i would like your comments on whether you believe it's based on moral fiber and courage. and also to please address as i've tried to do when i speak at public functions, the importance of our judges and who they are and how they impact your life. >> well, thank you. it's a lot to address. let me give it a try. on judicial appointments, one of the things that's become very disturbing is that there are -- there is a near inability to get judges confirmed. this is something which started several presidents ago. it grew quite a bit during the presidency of george w. bush. and it's creaturing a crescendo now an inability to get judges conf

asking the judge for leniency, which the judge did not. he did not give the possibility of parole in 25 years. brittany norwood sentenced to life without the possibility of parole and he is telling us that in his mind, his client is accepting and sorry for what she did. >> there were a lot of questions, given how she referred to the crimes that she was convicted of committing. people thought that she wasn't taking ownership of her own actions and doug wood said that he did believe that she was sorry, that he believes she had what he suggested was an explosive moment. that awful incident took place at lumulemon, that there was nothing in her life that suggested that this kind of thing could happen. and also mention that they plan to appeal this sentence. you heard him say that, too. we're going to take a quick break. >>> metro is apologizing again today after a supposedly uninterruptable power supply failed last night. the outage cut off communications and left people stranded for an hour's worth of time. >> bruce leshan has the latest on t

i know a lot of times what the judges say during the sentenceing can be powerful. you mentioned how he spoke about the apple employ ease. >> yeah. >> what specifically did he have to say to britney norwood? >> what he told her, he said i don't believe you. he said what you just said here. he also talked about -- he said the concoction you created, the lies after they discovered on the morning of march 12th last year, the crazy murder scene where she initially claims she was a victim and the two masked men came in and slaughtered her friend and robbed the place. he said the concoction you created disgusts me, and he said that right to her. we're standing here because we're told at 5:15 this afternoon, shawn and laura, we will be hearing from the montgomery county state's attorney john mccarthy and, perhaps, jana's parents, david and phyllis, to get their reaction to the sentence. frankly, we ran out of the courtroom as soon as it was delivered. it was before the start of the newscast and we're not sure if anyone from the norwood family is going to speak to the media

the judge. >> i'm speaking.ntelligence. >> osgood: and layer, something is fishy. captain, we have to keep going! [ growling ] one step at a time. come on, snowy. look! did you ever see a more beautiful sight? captain! it's just a mirage. - snowy? what is it, boy? - [ barks ] what do you see? [ yipping ] [ woman announcing ] just like snowy, your dog's one of a kind. overactive imagination and all. [ barking ] long live your buddy. long live your dog. [ tintin ] snowy! purina dog chow. see the adventures of tintin, only in theaters. >> are you in? >> am i with you? >> are you with me? >> mr. smith, if we were alone after a great, great explosion on this earth, never would i be with you. >> it's sunday morning on cbs and here again is charles osgood. >> osgood: plaintiffs and defendants tell it to the judge at their own risk. when they're in judge judy's tv courtroom. she sees right through the lies. she won't hesitate a second in giving them a what-for. rita braver has the sunday profile. >> you are about to ent

including this judge. the judge is immune, and the judge actually is looking at the law.r the law of pardons, once the pardon is signed, the inmate is free, the conviction is vacated and anyone that interferes is potentially interfering with justice. >>shepard: in the case of the pardons, you would be able to vote a convicted felon, because you are to longer con 60ed -- convicted felon. if you were a lawyer, you could get your license to practice back. everyone, taken away from you, as a consequence of the conviction, is gone. >>shepard: is this political? the governor knew some of people and some of the people have long since been out of jail. >>guest: because the state of mississippi has an elected attorney general and because the new governor is a republican and the attorney general is a democrat, the new governor is a friend of the governor, we have heard from the attorney general, a clip from whom you just ran. it probably is political. in fairness to the attorney general, it is odd the group of people that he pardoned. murderers are rarely pardoned when the crime is

court judge or supreme court judge. in the state of kansas, when we vote, we have retention largely for court of appeals and for the supreme court in the state of kansas. i know many people who vote all yes or all no and know nothing about those judges. when our district court judges are up for retention vote, they really know nothing about them. so, i agree with you whole heartedly about the importance of the appointments. i would like your comments about whether you believe it's still based on moral fiber and courage or political correctness and also to please address as i've tried to do when i speak at public functions the importance of people knowing who our judges are, what they do and how they impact your life. >> one thing that's very disturbing is there is a near inability to get judges confirmed inspect is something which that started quite a while ago. it started during the presidency of george w. bush and reaching a crescendo with a real inability to get judges confirmed. he received a medal of achievement fr

frank -- judge frank johnson issued, and as a federal district judge, at least for the first part of his judicial career, he had a full docket of difficult cases. so the list of decisions that i'm going to describe to you are just a small fraction of his contributions to our society. judge johnson invalidated tuskegee, alabama, plan to dilute black voting strength. he ordered that black persons be registered to vote if their application papers were equal in e perform epps of the least qualified white applicant. he ordered montgomery to surrender their voting records. he required alabama to apportion state legislative districts to adhere to the one man one vote principle. he mandated in alabama the first state-wide desegregation of public schools. i can continue through a list here of the contributions that this one judge courageously did. it's quite clear to me that president eisenhower with the good counsel in particular of his attorney general had no surprises in mind when he made his appointments. he knew the positions of these individuals in whom he entrusted these powers. bill m

after clerking for a district judge and court of appeals judge, judge chen practiced as a litigation associate. in 1985, he joined the american civil liberties union foundation of northern california. he worked on a wide range of issues including free speech, employs privacy rights, police misconduct, and discrimination. in august of 2009, he was nominated by president obama's to the u.s. district court. on may 10, 2011, he was confirmed by the u.s. senate as a district judge. he told me a few minutes ago he gets the last word after his college roommate. please join me in welcoming our dragon judge, judge chen. [applause] >> thank you, steve. it is an honor to be here. it is a double honor to follow the mayor. i have never had the mayor as my opening act. [laughter] i really am pleased to be here. mayor lee is right. we go way back. we have known each other for 37 years. the mayor is only about 48. [laughter] we do have a lot in common. maybe that is why i was chosen to come after the mayor. they say two heads are better than one. we're both in dragons. we're both water dragons. this

interesting what the judge said today. judge napolitano. we talked on the phone. if he wasn't a celebrity and wasn't the person he is and did the thing he did, he would not be prosecuted at all he believes. >>arthur: i concur. >>jonathan: but he is. and he is. >>shepard: a disgruntled employee opened fire at a lumber company and killed three co-workers this morning in the town of "star," and police say this the suspect walked for a plant with a gun and shot four people. the fourth victim is critical now. and cops say when the shooter went home he tried to kill him evidence is and now he is in the hospital. police report that the cops found six-page letter but did not reveal what was in it. it could have been a suicide note because he tried to kill himself. and a weather alert. after a mild start, really unusually mild, we now have snow. so it is january and snowing and, today, that is news. the first junior storm of the season hit parts of the northeast and the midwest, midwest first. we have seen up to 9" in some spots and this snow is not finished. and now, to c

you have to take into account that he is a judge from left. >> a judge on trial for investigating alleged crimes and this has angered many in spain and abroad. but many others here feel the investigation started by him would achieve nothing but pain and perhaps reignite some of the divisions of the past. bbc news, madrid. >> a bit of an upset in austria. question no. one in the women's event going out in straight sets to the defending champion kim clijsters. it's been a tough match for caroline wozniacki. has she got what it takes? kim clijsters back in the women's game after retirement. issue better player than 10 years ago? caroline wozniacki has not quite made the step. >> the media talked to me sometimes like i am finishing my career and i have a year left. the fact is i have quite a few good years left hand and still improving and am a member of wimbledon. i will do my best and try to win even more. at the end of the day you can just do your best and nothing more. if your best is good enough, that's great. if not, then it goes to the other person. i will come back not only once, but

and the city's mayor said he would like to judge -- a judge to step in to put a stop to the issue once and for all. back to you. >> we shall see. thank you. >>> time for a little traffic and weather. kick it over to gianna find out what's going on out there. >> not a lot actually. it's a nice time to be on the roads. if you have to head to work early you're in luck. here's a live look at the san mateo bridge. so far, so good. 13 or 14 minutes between 880 and 101. the rest of the bay area bridges checking in problem- free. heading out of marin county towards the golden gate bridge nice conditions all the way into san francisco. 11 minutes to go from 580 to the golden gate bridge toll plaza and the bay bridge some slight delays there in the cash lanes. and we have some roadwork scheduled later on for the bay bridge on the lower deck but right now not too shabby. looking good in the weather department, too, right, liz? >> not too bad of a view from our roof cam this morning. you can check out the embarcadero. you can see the bay bridge in the distance. all we got going on is a few low and

burke marshall who served in the kennedy justice department said that these four judges, dr. speck mentioned them, including judge johnson, have made as much on american society and american law that the supreme court has ever done in history. if you look at these kinds of appointments and the consistency that president eisenhower put on the court, it's no surprise that someone like earl warren was put in charge of the chief justice of the supreme court. i have my theory about where the tension came from but dr. specht did a wonderful job of explaining the context and i want to give you an idea of what our court system was like during this period. my father's mentor was a man by the name of charles hamilton houston who became dean of howard law school where he mentored my father and a number of lawyers in the civil rights unit. he was clearly a brilliant thinker and tremendous law student at harvard. to give you a clue as to how much of a pioneer and how brilliant this man was, in 1935, he gave a speech that we recently founded at the library of congress where he laid out the

what judge smith did? >> with what judge smith did in that context there wouldn't be an issue at all. the affection 2 -- >> there would be no problem using texas as a benchmark as a starting point. >> well -- >> as a starting point. >> what i would say is in the context that this court typically said the district court should do is start with a plan that is already in effect and modify it according to neutral district to remove the apportionment tissue. >> what about districting principles? anybody who draws a map faces at the outset certain legal constraints. constitutional constraints, restrictions imposed by voting rights and stable restrictions to the extent that they're not inconsistent with federal law. once you have gone beyond that point all you have left is districting policy. they are policy choices. many factors can be taken into account in drawing a map. .com packed with what the districts to be. to what extent the respect zones of the economic interest? to what extent are you going to try to p

meet this morning to talk about a federal judge's order. he is placing the oakland police department under tighter scrutiny because of deadlines missed on reforming the department. >>> a ballot measure to give santa clara voters another look at the future 49ers stadium may end up in the courts. the city council rejected it last night. more than 4500 people signed a petition saying that they did not agree to the rising price for the project. >>> and a private funeral is planned today for former penn state football coach joe paterno. since yesterday, thousands have turned out for the public viewing. paterno died on sunday of lung cancer. >>> 6:16 now. a 15-year-old tourist is recovering this morning after police say she was sexually attacked in san francisco. it happened yesterday morning just blocks away from fisherman's wharf. officers arresting 18-year-old christopher dutel out of southern california. according to witnesses, dutel was caught in the act in the bushes right in front of the longshoreman's union hall. the teenager apparently h

it will probably help the judge decide to lift the protective order if the judge does decide to do that because it shows that he is perhaps less of a danger than originally thought, though domestic violence experts i'm sure would say that could be the opposite. >> thank you, anne makovec live in san francisco. >>> san ramon police officer louis lombardi changes his plea in federal court today. he is accused of conspiring with a former contra costa narcotics task force commander and a private investigator to obtain and sell evidence. lombardi is charged will legal gun possession, selling drugs and violating victims' civil rights. today he change his plea from not guilty to guilty. >>> testimony continues today in a high-profile murder trial here in san francisco. andrew bologna cried yesterday as he testified against the alleged gunman who shot and killed his father and two brothers. bologna said he saw edwin ramos open fire on his father's car back in 2008. prosecutors allege the suspected ms-13 gang member mistook them for rival gangsters. the defense argues another passenger in ramos'

judge mary beth bonaventura and her five fellow judges will hear more than 3,000 cases in a year.ntion hearings. while others will be trials for serious officials. 16-year-old ayryana has spent the weekend in detention for disorderly conduct at a high school football game. it's not her first time in juvenile. with two previous trips to the courtroom, the judge will have to decide whether ayryana should remain locked up or be allowed to go home with her mother. >> i want to tell the judge the whole story and just let her know that i -- i am going to school. i have changed a lot since the last time i have been to court. >> with the long, tense weekend behind her, it is finally ayryana's turn to tell her story. >> tell me what happened. >> me and my brother and a friend, we was going in line to get our tickets for the football game. and the principal had stopped me, and she said, well, um, i don't go to the school no more so either i had to leave or i had to go to the other side. when she came up, she came up with a police officer. so i said, um, okay, well i got to get my brothers f

>> i don't think the judge, if i can answer your question i don't think that judge smith did this the way we think that he should or focused on the benchmark. if you look at the congressional plan what he did is basically picked one of the proposals the was a bipartisan proposal. with respect to the house plan i think that he got it closer to write but i don't think that he applied the right standard and i would ask you to look at the appendix 193 and his consideration of the house district 33 because they're what he did is said well there's these allegations, and the state has persuasive responses without an abundance of caution i'm going to withdraw the district doesn't seem right of the state really does have persuasive responses out to be enough. >> so you would fold his solution for giving insufficient difference to the state of texas 2011 plan? >> that's right, but it's certainly a fair improvement over what the district court majority did if i could reserve the balance of my time. >> thank you. >> thank you mr. chief justice and may i please the court the fundamental flaw is th

they are very thankful to judge greenburg. i didn't get every call during the course of the trial but judge greenburg gave a very fair trial. i want to thank the jurors. it is not ever easy to be selected as a juror in a case like this. we are very thankful to them as well and on behalf of the murray family in generally want to announce a big thank you to the montgomery county community that has embraced this family, welcomed this family in so many different ways. i'm going to call upon, i'll take some questions at the end but let's ask a couple family members if they want to come up and make some comments. david? >> since march 12th everything that has been said has been said by me, has been said with difficulty. it's never easy to answer questions about one's daughter especially when the daughter has been murdered. as i made comments following a question after the trial, we are all reaching for a new normal and many of you right here are helping do that. you've embraced us personally and as a group and, and conversely we hav

i really don't -- the judge is really faced with a tough decision. don't envy her. >> i feel like i'm being strangled. it's just -- i don't know. i have no clue. i don't know what it is, but it's like time ain't going by like it used to. >>> 17-yr-old michael is back in detention for the third time. before appearing in front of the judge michael meets with his court-appointed attorney, don ruck. >> how are you? have a seat. you're being charged with burglary. serious charge particularly given you have a prior charge for burglary that you're on probation for. the purpose of today's court hearing is whether you stay here while these charges against you pend or whether you're released to your mother's custody. the things the court looks at is whether you're a threat to yourself or to the public and whether or not you're likely to return to all future court hearings. if the court finds you're a threat or you're not going to return, you're going to stay locked up. what do you think should happen? >> i think i should be released on house arrest. because i

courts, judges, et cetera. that have the child, have a human development and trauma and understanding at the center of that language. that is what's going to change things the long view. that's what going to change the funding in the long view. when we recognize that child maltreatment trauma is really the number one public health issue in this country, i think that is clear. you've heard it it time and time again. $100 billion, that's, that doesn't include the rates of incarceration. of course hearings, also won and so forth. it is the net when public health issue in this country. and we need to change the paradigm across the board. so one of the dilemmas with this panel being the person i am come is that it's only the oj who is sponsoring this. where is everybody else who was involved? shouldn't they be here? shouldn't we be talking about how to create a common goal and that common language? we do know how to intervene. we have lots of effective intervention. you've heard about some of them. you've heard abou

they're both there to judge the miss america pageant. lara is the head judge.ith great deals and steals. they're all made by moms. >> josh was playing with one of them. no, no, not now. give us some news, josh. >>> wait, solara is the head judge, did you say? that is cannot miss television. >>> we begin with the cleanup in north carolina. rare winter tornado. at least 15 homes and buildings were damaged. 15 people were hurt. >>> the other big story, a judge in mississippi temporarily blocked nearly two dozen controversial pardons by outgoing governor haley barbour. a judge says he may not have provided enough public notice. >>> meanwhile this morning, the military is trying to verify video posted online that appears to show u.s. marines yourinatin taliban firghters in afghanista. the video is being called deeply disturbing. >>> authorities are going door to door in montana hoping to find a favorite teacher. people in town are worried about their own safety. here's clayton sandell. >> reporter: abc news was there exclusively as police hit the street of sidney ov

judge colleen mcman, a federal judge in new york, has entered an order this week. a hearing coming up and i think she will prevail. >> richard, by federal law pregnancy is treated as a disability, so her condition is protected. >> it's protected, fred. but come on, let's be realistic here. she's a waitress. they wear very skimpy outfits, the waitresses. the woman is pregnant. she's full-blown showing everything. she can't wear the skimpy outfits. >> so they should have a maternity version. >> yeah. >> right. >> she needs maternity leave or something. >> right. >> or a baggy outfit or something there. i don't know. look, larry flynt, he's been around constitutional issues for years. i think he better dig into some of the funny money. i think he'll be paying this woman. >> we're laughing because you all make me laugh, but it is a serious matter and this is a case being taken very seriously, so it will be interesting to see how it is eventually concluded. richard and avery, thanks so much. appreciate that. >>> here's another case that you all are very familiar with. g

>>judge napolitano: right. >>shepard: thank you. we will watch you for weeknights on fox business network on "freedom watch," 8:00 eastern and 7:00 east were. if you don't get the fox business network demand it. senator rand paul had a run in with the t.s.a. should you be able to touch my private parts even if i don't have anything going wrong? he says you shouldn't be able to. but really the law should not be able to do what the criminals can't? wait until you see this and fight over hundreds of pardons issued by the former mississippi governor heads to court. and taking stock of joe paterno's complicated legacy. wanna know the difference between a trader and an elite trader? it's this... the etrade pro platform. fast. beautiful. totally customizable. finds top performg stocks -- in three clicks. quickly scans the market for new trading ideas. it can even match options strategies to your goals and lets you see the potential risk and reward. and, it also comes with a dedicated elite service team. got it? get it. good. introducing ne