congress. shepard: what does the justice department say in response? early today we sent the letter to the media office at the justice department and we re waiting for a response. but at a recent public event i asked the attorney general about the delay and what sources told us was an evident to avoid a public announcement on the case before the midterm elections. no decision has been made with regard to where the trials will be held. but the conversations that we re having are ongoing and the political thing of the election is not part of the conversations at all. reporter: the attorney general s position is it s taking a lot of time to reach a final decision and politics is not in play in this case. shepard: uh-huh. where does the case stand? i mean come on. reporter: don t do that to me. shepard: when they say it s not politics, nine times out of ten it is. where does it stand? the reality and this came to me from a former patrol patrol s