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that is why there is going to be a lawsuit. >> gregg: you said something interesting, the bill of rights. because california passed a law that said that the victim's family gets upon request to have a hearing for any post-conviction release decisions, and that was put into the constitution and the family was never notified. >> and, in 2008 it was passed, marcy's law and passed in california and that's right. and that is the letter schwarzenegger sent to the family, after he commuted the sentence. >> gregg: too late. >> apologizing, saying, i didn't abide by that bill of rights and i didn't abide by it -- >> gregg: if the family's constitutional rights were violated can a judge set aside the commutation. >> no, because the commutation trumps -- remember, president clinton, you know, pardoning mark rich -- >> gregg: nothing trumps a person's constitutional rights. >> but the governor and the president have absolute right to commute or pardon and not give you any reason. >> but...

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