if you were an attorney, ted simon wouldn't say it as her u.s.se obviously he's not in a position to say he won't extradite her, but you would have to imagine would you be crazy to do that. another court battle. we want to talk about this as well. the supreme court set to hear arguments for same-sex marriage. people have been rallying in anticipation over the day's arguments, prop 8, ban on same-sex marriage. the arguments will hear arguments on doma, the defense of marriage act. ahead of the doma argument, some senators are publicly announcing it. the huffington post is reporting that mark warner of virginia and claire mccaskill of new jersey voiced support for same-sex marriage and jay rockefeller of west virginia, tim john of south dakota, both say they no longer support doma. both supported it back when it went into law in 1996. before we get to the controversy over it, let's chat with the panel. this is something you have been working toward for years. both front before the supreme court today. today, same-sex marriage, tomorrow in doma. >>

we spoke last night before the verdict with knox's attorney, ted simon. he joins us again tonight.irst of all, how is amanda knox doing? how's she taking this news? i can't imagine what this is like for her. >> yeah, i appreciate you asking that. i mean, this day started very early, as you know, 5:00 my time, 2:00 a.m. their time. first thing in the morning after the news, i spoke with curt and chris and obviously they were disappointed. at that time, i didn't have a chance to speak to amanda but i quickly learned that she, you know, this was very painful for her. later in the day, as time went on, i did have an opportunity to speak to amanda and i spoke to her at some great length. and after the hours passed, what happened is she was getting such an outpouring of support, she was heartened by this not only from friends and family, but from people she didn't even know. those people without knowing amanda understand how unjust and how unfounded these allegations are and that has really buoyed her up and she is fiercely determined to see this thing through, and ultimately end up in t

amanda knox's attorney, ted simon, said the ruling was disappointing but it's hardly a time to panic. the supreme court has a much narrower scope of review. all they're supposed to do is to look and see whether or not the appellate court jury acted within its jurisdiction and according to the proper rules. it does not relitigate or it does not reconsider or re-evaluate or reopen the facts. and that's why everyone remains reasonably hopeful without prejudging what they will do. >> for amanda knox, it's now a waiting game. >> she as well as her family have acted with the, you know, utmost courage, persistence, patience, grace, dignity throughout all these proceedings. but like everyone else, they're waiting for what the decision will be. >> and if she's ultimately convicted again? >> the italian government may say to the united states bring us amanda knox, she's been duly convicted in our courts, you have signed an extradition treaty with us, we want her back. >> so all this discussion really about extradition is not nearly in play. while we are hopeful they will simply affirm this prio

let's get more from amanda knox's attorney ted simon. good morning, ted. thank you for joining us. as we said, you broke the news to amanda this morning. how did she take it? >> well, let's be clear. carlo dalla vedova broke the news to amanda this morning. yes, amanda took it -- it was painful. she's issued a statement it was very painful to receive that difficult news. we were certainly hopeful that the supreme court would simply affirm the correct ruling of the appellate court. but let's be very clear here. there was never any evidence in this case. and whatever evidence was reviewed was considered absent, nonexistent, unreliable, or simply inaccurate. and that has not changed. >> well then why is the supreme court saying there should be a retrial? >> they're not exactly saying that. they're sending it back for revision and review. she still remains not guilty. nothing has changed. there never was any evidence of her guilt and there never will be any evidence of her guilt. so all this is is sending back for revision and we have to wait for the specific directives from the suprem

so joining us now from philadelphia is ted simon, part of amanda knox's defense team since she was first who are following the case super closely. what is going on today, why today and what can come of it? >> sure. thank you for having me. yeah, let's understand the procedural posture that we're this today. the appellate court jury as you just mentioned was well within its jurisdiction and authority to determine whether or not the trial court had committed errors of law. but additionally, that appeal the lat court jury was also well within its authority and jurisdiction to reexamine, reinvestigate, reevaluate and ultimately redetermine what the evidence was and come up with the true facts. once they conducted a searching inquiry which also including the hiring of independent experts to examine all of the evidence, whether it was with regard to prosecution witness testimony, prosecution physical evidence, or prosecution forensic conclusions, ultimately that appellate court jury rightfully concluded that the evidence as presented in the trial court was either absent, nonexistent, inaccurat

her attorney ted simon will join us live in just a moment.who broke the news to amanda this morning. let's get right to abc's lama hasan with the breaking developments. lama? >> reporter: good morning to you, robin. what a dramatic day. italy's highest criminal court has ordered a retrial in the gays

i'm joined by ted simon, expert in international law who represents amanda knox. thanks for being with us. how confident are you this italian court will not overturn your client's acquittal? >> we're not in the business of prejudging any court's ruling but i think you have to understand what the legal landscape is and the procedural posture we're actually in. the appellate court jury had the authority and the jurisdiction to review whether or not the trial court committed any legal error, but they also had the authority and the jurisdiction to re-evaluate the facts and determine what the true facts were, and when they did that, they acted within their authority when they reopened, reinvestigated, re-evaluated and ultimately redetermined what the true facts were, and when they did that, whether it was regard to prosecution witness testimony, physical evidence or prosecution forensic conclusions, they ultimately determined that either it was absent, nonexistent, inaccurate, unreliable or simply wrong. that's why they reversed. that's why we're here today. so all --

amanda knox's attorney, ted simon, said the ruling was disappointing but it's hardly a time to panic. has a much narrower scope of review. all they're supposed to do is to look and see whether or not the appellate court jury acted within its jurisdiction and according to the proper rules. it does not relitigate or it does not reconsider or re-evaluate or reopen the facts. and that's why everyone remains reasonably hopeful without prejudging what they will do. >> for amanda knox, it's now a waiting game. >> she as well as her family have acted with the, you know, utmost courage, persistence, patience, grace, dignity throughout all these proceedings. but like everyone else, they're waiting for what the decision will be. >> and if she's ultimately convicted again? >> the italian government may say to the united states bring us amanda knox, she's been duly convicted in our courts, you have signed an extradition treaty with us, we want her back. >> so all this discussion really about extradition is not nearly in play. while we are hopeful they will simply affirm this prior wrongful convict

ted simon also does international cases and his contention ultimately will be that she cannot be brought back to italy because fundamentally double jeopardy has come into play. but he won't make that argument yet. he's a very smart guy. and he's waiting for the final written decision of the italian supreme court to see precisely why the case was reversed. we haven't seen the details so he's laying back a bit as a good lawyer should do. >> one thing we do know for sure, also an unusual circumstance, she doesn't have to be present for the next process. she doesn't have to sit in that courtroom for this process. what will be fascinating, though, is if they render a guilty verdict, does that mean this country's government really has a tough decision to make. >> if the lower court issues a guilty finding, it can go up on appeal again to the italian supreme court and it's still not over. >> could be years. paul, thank you. we'll talk more about this in a moment. but i want to zip to washington, d.c. because there is a place that exists to tackle big cases, the supreme court and it's buzzing. b

>> you know, ted simon representing her is very capable international lawyer. being very careful. because he doesn't want italian authorities to issue a warrant for her arrest and then have someone come to the united states to try and enforce that warrant. so we're being very careful about this from a legal standpoint. we want to look at the italian court decision. i am not saying she would not return italy. she is being careful so italians don't overreact and say amanda knox is a murder fugitive on the run and u.s. authorities should arrest her and extradite her. >> wow. i'm sure you will continue to follow the case. paul callan, thank you for being with us. >> thank you, carol. >>> let's head to the u.s. supreme court. justices taking their first step toward possibly redefining the american family. today and tomorrow, they are hearing arguments on laws that restrict same-sex marriages and the legal rights of those with such unions. an epic debate, one filled with emotion. for days, supporters braved the cold and a snowy, slushy mess, hoping get in to hear the historic arguments.

this one dianne feinstein is the senior one and ted cruz is the junior one and maybe should have played the senior stateswoman, all right, moving on. simonday, megyn. looking forward to the weekend. thanks for having me on today. >> megyn: all right, guys, thanks for being here. >> okay. >> thanks for having us. >> megyn: coming up next, an indiana woman is suing a church over its refusal to install her late husband's nascar-inspired headstone. what's so wrong with this. that's next. oh this is lame, investors could lose tens of thousands of dollars on their 401(k) to hidden fees. is that what you're looking for, like a hidden fee in your giant mom bag? maybe i have them... oh that's right i don't because i rolled my account over to e-trade where... woah. okay... they don't have hidden fees... hey fern. the junkrawer? why would they... is that my gerbil? you said he moved to a tiny farm. that's it, i'm running away. no, no you can't come! [ male announcer ] e-trade. less for us. more for you. >> kelly's court is back in session. on the docket today. a widow in indiana is suing a catholic church over its refusal to allow her late husband'