reinstatement of the death penalty. we have an a business malrecord as far as cases being overturned. the judge will take his time and listen to the defense and the government requests and the judge will decide when the case should take place. bill: do you think we will learn more about his connection with anwar al-awlaki? after all they were exchanging emails, several dozen of them. >> i get it. but put yourself in the place of the prosecution for a minute, bill. this is not a who done it. the question is, what level or degree of culpability should he have, should the jury focus on? he's presumed innocent until proven guilty beyond a reasonable doubt, but is it even relevant as a legal lots to introduce that? because why he did it is not an element of the crime. the fact that he did it or didn't do it is the question the jury has to decide. so the prosecution i think at least to date has decided it's not relevant and therefore they