>> anybody who published that should know better. so i called hugh o'gara and i just said, what were you thinking? how could you do that? and he was near tears on the phone. he would not answer me. >> hugh obviously would not tell me who that source was. i wouldn't even ask him. >> the next morning, the judge called the attorneys into chambers. >> he went down the line and made each of us say that we were not responsible for the leak. >> he felt that the principles at least deserved to go to jail. >> he said he would not accept the plea. >> he had pre-judged the case and under two federal statutes, a judge is obligated to remove himself. >> we filed immediately, our second recusal motion. >> the thing that seems to upset judge battey the most is not whether he's fair, but that he's being challenged about not being fair. so he immediately denied that