>> gregg: the u.s. army private accused of sending private documents to wikileaks appearing in a courtroom, focusing on bradley manning's pretrial confinement and defense team is conditions over that period were so punishing the case against him should be entirely dismissed. joining us now bob massi and lis wiehl. let me start with you. manning doesn't like to be locked up and cried one day. i'll quote, when the guards seem angry and made me nervous. so lis, on that basis he should be let go? >> no, absolutely not. >> gregg: if that was a legal standard, all prison cells would be empty? >> now he is complaining to his lawyers action that was done to him after he committed the crime.