so, these are the issues the jury will decide in the case. only thing i say to that, john edwards is a gambler, and he was known to put some gambles out there on what he tried and didn t but to he testifies he will lose that gamble. trace: everyone will agree that john edwards was a very good trial attorney, jeffrey and john, gentleman, thank you both. and to show you the defense secretary panetta is now talking to troops at ft. for the bennin, georgia, the defense secretary speaking to the troops and you can watch it there. more than 10 years after the attack of 9/11 the mastermind of the attack is set to face a judge tomorrow. and sheikh mohammed s plea could possibly give him a chance to
girlfriend yourself. trace? trace: thank you, jonathan, outside the courthouse and now our legal panel, former prosecutor and criminal defense attorney. jeffrey, the question in this, is it fair game as he was talking for the prosecution to bring up the affair again and again to prosecute john edwards? guest: absolutely. in a murder case the defendant doesn t want the prosecutor to show you the gory pictures of the scene but that is part of the prosecution case and no matter how much the defense wants to stipulate and say, we agree, we don t need to have the testimony, the prosecution has the right to put the testimony forward. trace: according to court watchers the bunny money, the $725,000 for john edwardss personal use and $6 million in political action committee has been amusing. as you listen to the testimony about the money coming in and bunny mellon not know what it
was used now how much does it hurt or help his cause? guest: the issue is did he know it was a campaign coverup or personal? if it is campaign it is illegal. if it is personal, it is not. that is the key issue. i suspect that they will either have experts like federal election commissioners to come forward and testify and if not, at the least, john edwards needs to take the stand because, remember, trace, his mindset and what he was thing and what he knew is key in this case. trace: but you go back to the money and now, today, the defense is saying you cannot pin the money on john edwards, we are not saying the money did not come in. we are saying it wasn t used for the purpose, jeffrey, that the prosecution is saying. guest: look, when it looks like a duck, it quacks lick a duck, and it w a duck. all the circumstantial, evidence shows intent the anyone can get certified his mind but the evidence they are putting forward, from the minute they put on andrew young, who was his paid po