and what i wish is that every appellate judge that sits on this case could listen to that teimon notust ad i in the cold transcript but see it on videotape and it was videotaped but the courts ruled we couldn't release the videotape. >> charlie: just another moment of history. so ted accepts the case. >> yes. charlie: i'll take it to the supreme court for you. i'll take it wherever necessary. but we need a good democrat. and my friend david boies is the guy. >> yes. charlie: and ted comes to you. >> yes. charlie: and you say immediately yes? >> immediately yes. charlie: i'll do it. i'll do . chlie: then you win. and the court... the district court judge says it's unconstitutional. >> yes. charlie: right. and then who appeals it? >> well, then what happens is that the attorney general, the governor of california who were defendants in the district court case because they were... >> charlie: a case in which you were representing the plaintiffs. >> we were representing the plaintiffs because they were enforcing proposition 8. once they lost, they decided they wouldn't appeal. they wou acce