two other undercover cops are believed to have been at the scene. one worked for internal affairs, the same department that is investigating the matter. the story seems to get bigger by the day. now at least one undercover cop is charged in the case. it is getting even more disturbing. saw the attack happening or try to stop it. bringing in the legal guys. avery freedman, civil rights attorney, and richard herman. talk about cops being involved or witness to the incident. it undermines the trust we have in law enforcement. this is shocking if you think about it. on the assumption it is true, the idea that law officers were
the defense were so blasted, they didn t know they were acting in a depraved manner. therefore you can t convict them of murder, manslaughter, five to ten years or 20 to life, big difference. avery, i see you want to come back with something there. well, you know, what s very interesting about it, obviously we have a horrific accident. we have two guys that were so drunk that they were driving on the other side of the road, migel. so for purposes of murder, were they able to show the issue of intent, the question was of the trial court, was that a horrific decision. the argument was made this week. we have the answers for you and more coming up. just an interesting case, guys. thanks very much. an undercover cop that witnessed this attack on an suv driver is in new york facing charges, but one legal expert says he is getting off easy. you won t want to miss our legal panel coming up in the next hour. [ female announcer ] we lowered her fever.
it looked like they were making progress, but that doesn t seem to be the case anymore. what s going on? reporter: hi, miguel. well, it doesn t look like it s the case right now in terms of legislative progress. actual votes on the floor of the house or the senate that will actually move us closer to solving this whole deal. we spoke a few days ago how the rhetoric had been toned down. not so much anymore. the house republicans just finished their conference meeting, and there was a lot of anger from that group that president obama rejected their proposal to raise the debt limit until the 22nd, in exchange of talking about how to reopen the government and other budgetary issues. let s play a clip from darrell issa about this. the president freezing out america, and we ll do everything we can to make the point we went to negotiate and he took no offer. is there a worry you guys being flanked, the senate will pass their own bill, their own
case. the driver says he was too drunk to know what he was doing. will it fly? we debate the defense strategy coming up. [ male announcer ] if you have yet to master the quiet sneeze. [ sneezes ] [ male announcer ] you may be an allergy muddler. try zyrtec® for powerful allergy relief. and zyrtec® is different than claritin® because it starts working faster on the first day you take it. zyrtec®. love the air. [ sneezes ] [ male announcer ] may your lights always be green. [ tires screech ] [ beeping ] may you never be stuck behind a stinky truck. [ beeping ] may things always go your way. but it s good to be prepared. just in case they don t. toyota. let s go places, safely. [ male announcer ] the parking lot helps
that s when the charges will be made public, and that s about two and a half weeks away. the police are still looking for four other bikers who may have attacked the suv driver. and what more do we know about the off-duty police officers who were on the scene? reporter: well, miguel, one of them has been arrested and we now have photos of him. he s the one you can see there blurred out. his name is wojciech braszczok. he s 32 years old and worked as an undercover detective. we now know he was also involved in infiltrating organizations, including the occupy wall street movement, and we still don t know why it took him three days to report to his speerters he was there. and we learned a third officer could have been on the scene, and this one works for internal affair, the same department investigating this entire case. and here s more on that from cnn s legal analyst paul callan. reporter: it s hugely