appealed on this particular situation with him. >> bill: okay. but what was he convicted of? >> section 18, u.s. 18 section 1879 which says that, look, you cannot threaten either a president or a major candidate for presidency. >> bill: that's a federal law. >> it's a federal law. >> bill: so the u.s. attorney took it in. >> yes. >> bill: said look, here is the federal law written down, you can't threaten. here is this guy, he threatened, we think. and the jury, was it a jury trial? >> it was not a jury. he waived jury. he went in front of a judge and the judge found him sgt. guilty. >> bill: that's what the law says you can't threaten. >> he thought he had a better chance. chance with this law, not even the law. here is what it says you have got to go to the intent of the person sending the message. >> bill: initial trial judge said the intent. >> was there. >> bill: was there to cause harm. >> right. >> bill: the ninth circuit judges the appeal judges said the intent was not there how do they know. >> they don't know.