question from memory rather than recent reviews but if i recall about two or 2 1/2 years ago judge litman in new york put in a threshold of $2,500 for recuse sal. has that gonna effect and have any of you looked at it and how is that working? >> it is slightly different. it is not actually recusal. it sis -- it tames through the assignment system. so if a judge has received more than $2,500 contribution and the amount difficults slightly based on the level of judges. we elect our trial judges and our intermediate appellate judges, lie court judges are appointed. so a judge has received that much the administrative office of the court automatically assigns the case to another judge and the judge never knows alternative potentially getting that case. we are in the process of doing some research on various recusal regimes to figure out how to assess their effectiveness. it is a very interesting system and removes the discretionary element from the challenged judge and takes away any sort of appearance that the judge is a judge in their own case and we think it is a very interesting system. >

. >> erica litman lives in the building and was surprised she didn't wake up during the attack. she couldn't believe what she saw when she walked out this morning. >> i always feel very safe. we have a locked gate and nothing bad has ever happened. >> reporter: diego agrees. he suspects the men are long gone. >> i like the men that worked there. i'm a little bummed. i don't feel nervous. i don't think it will happen again after that. >> reporter: the patagonia store is closed today while crews work to repair the damage. store employees tell us they don't know when they'll be re-opening. in san francisco, abc7 news. >>> we have breaking news to tell you about right now. this is a live look from sky 7 over oakland where protestors have shut down the oakland coliseum bart station. >> hundreds of protestors marched to this area this afternoon. they came from the fruitvale bart station. they want to reclaim the sievecivil rights legacy of dr. martin luther king. this went on for several hours. we had peaceful marches throughout the afternoon but now the coliseum station is shut down.

everybody else that you pointed out on fox __ lou dobbs __ we always talk about the stupid shit that litman says on the daily. >> what do you think will happen with the grand jury? >> i think he will be acquitted. >> yeah. do we all agree? rraise your hand if you think note indictment. hands up. >> so there are people who think he will be indicted? >> a vast minority. >> not deserves indictment, but will be indicted. >> i think you will walk. thee problem is __ nothing to happen that they justified the shooting of michael brown, but anytime there is a sliver of uncertainty, it goes the cops way. that is what will happen in. so, the question is, what do we do with that information once it comes out. >> send the governor cupcakes. what i would like to see the governor do is show up, open mic, like the british prime minister, and take it. physically hear the people. it seems like he is so tone deaf. but, so little of what you need is the knowledge of being heard. i think, if you were to say in the room like this, and take it for like five hours. and here people. it would be great press for him

question from memory rather than recent review, so i might be totally off base but if i recall judge litman in new york on a recusal issue put in a threshold for recusal. has that gone into effect and have any of you looked at it? and how is that working? >> yes. it's slightly different. it's not actually recusal, it is -- it takes place through the assignment system. so if a judge has received more than $2500 contribution, and the amount differs slightly based on the level of judges. we elect our trial judges and our intermediate grade appellate judges -- intermediate appellate judges. a high court or judge is appointed. the administrative offices of the court automatically assigns the case to a different judge, and the judge never even knows they were potentially getting that case. we are in the process of doing some research on various recusal regimes and trying to assess their effectiveness, but i think it's a very interesting system. it completely removes the discretionary element from the challenged judge. it takes away any sort of, you know appearance that a judge is a judge this the

bush, michael gerson is a former speech writer under president bush and matthew litman is a former speechrom l.a good morning to all you guys. >> good morning. >> mark, let's start with you. last night the president said tonight we turn the page. we just played a little clip. why is now the time to turn the page? >> well, it's a really interesting theme for your sixth state of the union address. it works for the first one when you're turning the page on the previous administration. but six years in you're kind of turning the page on yourself. so it's an unusual theme. but also, the president has been trying to turn the page on the war on terror for six years and terrorism isn't cooperating. the headline in the "washington post" today is, the shadow of crisis has passed and right next to it is a story that basically says yemen is on fire. so i don't know how the shadow of crisis has passed when yemeni government is about to fall which he held up in his last state of the union address as a model, and isis is in charge of half of iraq and syria, and beheading americans and crucifying people.