victims. senator, sentencing is a discretionary act of a judge, but it's not a numbers game. >> reporter: jackson also took heat for representing terrorism suspects detained at guantanamo bay. >> why in the world would you call secretary of defense rumsfeld and george w. bush war criminals in a filing? it seems so out of character for you? >> scepter, i don't remember that particular reference in i was representing my clients in making arguments. >> reporter: democratic chairman dick durbin later provided context noting the filing was a procedural one against u.s. officials making claim on behalf of detainees. jackson noting she had a duty to defend them. >> federal public defenders don't get to pick their clients. they have to represent whoever