take seriously. a judge will take seriously. >> i cannot imagine given the circumstances of this particular case the public interest in this particular case. and the fact that the grand jury transcripts very unusually in my opinion, were released to the public and sort of redacted in many respects so the notion that this was a very transparent process, that i think many people believe to be true i don't know is necessarily true. and so my sense is that a judge may look at it and say, if you want to really be transparent, mr. mccullough, let the grand jurors themselves speak. >> sort of to make an obvious point, i've never heard of a lawsuit like this before. so we really are in uncharted waters. a judge has got to take a serious look at this. but lawyers love precedent, and there isn't one here. >> it will be fascinating to see what the judge decides to do. jeffrey toobin and sonny hosten thanks so much for coming in. it was the video that rocked