>> didn't they reason a new york jury wasn't going to work for them? >> we could go back and forth on that all day. what they didn't get to do was tell the story to someone other than the judge. that might have been useful to them. at the end of the day, donald trump -- this judge is a new yorker. this judge is aware of donald trump's track record. that may influence him just as much as the facts in front of him right now in this case. he's a wild card. >> david, before we lose you, we're going to go into the s.e.a.l. team 6 immunity issue later in the hour. you know your way around federal courtrooms and appeals courts. i haven't heard from you yet on that. any thoughts you have about both the possible vindication of that legal theory which has no precedent we've ever seen and, b, do you think as a fellow attorney that the lawyer was