>>megyn: i am getting a lost reaction on twitter on the jail conversation. people know about this. what do you think? follow me on twitter. what i am hearing from gregg jarrett, shepard smith this is your favorite word. >>shepard: my least favorite place to be. but it is not a bad word. who was sent there? we used it with people like our favorite guy, blago. >>megyn: didn't you get in trouble with the law? going too fast? >>shepard: south alabama, right. 12 miles per hour over the speed limit. i am surprised i am not in jail. the news begins anew, the white

house now is calling the assault on the four at embassy an "act of terrorism." american workers are taking home the smallest paycheck in decades. perts say this could hurt what has been a slow economic recovery. the prosecution is on the case of a colorado movie massacre. today, they gave up their fight for what they say was a key piece of evidence. that is all ahead unless breaking news changes everything. this is "studio b." first from fox at 3:00 in new york city, the white house today said the consulate attack in libya is self evident that it was a terrorist attack according to the white house press secretary carney who spoke to reporters aboard air force one. the comment appeared to some analysts to mark a shift in how washington officials, especially the administration, classify the attack.

early this week, the state department spokesman said they were waiting for more information. >> i'm not going to put labels on this until we have a complete investigation. >> you do not regard this as an county of terrorism? >> i don't think we know enough. we will assess. she gave our preliminary assessment. we will have a full investigation now. then we will be in a better position to put label on things. >>shepard: the house intelligence committee chair, and others, called this a terrorist attack. catherine with the news from washington, dc. what, exactly, did the white house say? >>reporter: the house is backing away from claims the i salt on the consequence last was "spontaneous," over the anti-islam youtube video clip. the white house spokesman said and i quote, "it is self evident what happened was a terrorist attack, our embassy was attacked violently and the result was four deaths of american officials so, again, that is

self evident." the military source says the two navy seals were not part of the security detail as reported but working in libya for a separate age. further, they were not at the consulate when it was attacked but at a safe house outside the compound. they responded when they her the gunfire and they were killed themselves. >>shepard: we have information that indicates a former gitmo detainee could have been part of this attack. what more are we learning about that? >>reporter: according to the gitmo file, the man has direct ties back to bin laden when he traveled to afghanistan in 1993 and trained at the camp. in addition to the 20-year relationship with al qaeda leader, the suspect is linked to an alleged money mack for 9/11 who is awaiting the military trial at guantanamo bay. the military assessment reads in part "the libyan government considers the detainee a dangerous man who has no qualms

about committing terrorist acts." this afternoon we spoke with a former spokesman at guantanamo bay under president bush because the transfer happened under president bush in 2007 the he said there was enormous pressure to release detainees like this, not only from congress, but, also, from the international community. he says this is another example of how one in three of them ultimately go back to the battlefield. >>shepard: what is the state department doing now? >>reporter: in the last 90 minutes we have had confirmation from the secretary of state, hillary clinton, they are launching "accountability review board." this board will be headed by top former ambassador and look at what happened in benghazi, the security posture at time it happened, and what the ramifications are for other consulates and embassies globally. >>shepard: thank you, catherine, from washington, dc. bringing in the senior tell low from the brookings institution which is a not partisan public and foreign policy think tank.

good afternoon. there is information to suggest the man who was a detainee for a long-term and released in 2004 may have been involved in some way. your thoughts? >>guest: well, it underscores the point made that a lot of the former gitmo prisoners have returned to the battlefield after we repatriate them. sometimes because of a prison breakout or they were released by the home government and sometimes we hoped they were no longer dangerous and did not hold them too carefully or ask anyone else to. there has been a high percentage of return to action against us. it is estimated at anywhere from 10 percent to 30 percent depending on the incident you are trying to categorize. this explains why this has been a contentious issue, what to do with detainees and it gives context to why the bush administration felt it needed some kind of plan for indefinite detention. whether you agree with how bush did it or not, and i don't agree

with the specifics, you can understand the logic of indefinite detention when you hear this story. >>shepard: without question and you can understand the logic when people get out and committing crimes against us again, who couldn't understand that? there is the matter you have discussed many times. we have rules about this sort of thing and you have to be tried and convicted. that's a problem. what gives? >>guest: the only way to handle this and we inched our way to it but it took us the better part of a decade, is to have an independent review in the executive branch of the government. it will not make everyone outside the united states happy but it ensures due process. we have to change our standard of proof in some of the cases so we do not release people we are suspicious would return to the battlefield even if we cannot establish it. we need to keep some of the information classified. it took a long-term in the bush administration to convey the sense there would be independent

review. a lot of this was personalized unsecretary rumsfeld and i understand the reason for that. but it got in the way of us having due process and it got in the way of a fair perception of what we are trying to do with guantanamo bay. we are in as good a play as we could, in many ways, but it took a long-term to get here. >>shepard: than you. americans' paycheck shrunk for the second straight year hitting a low we have not seen in decades a word from a census bureau report out today indicating that the typical family's income fell or was flat in nearly every state last year. nationally the median household income dropped a percentage point and now at $50,500 per family. that means half of the american families bring in more than that. half are bringing in less. that number hasn't been so low sin the mid-1990's.

it is not just that families are being forced to get by with less, this could threaten the whole economic recovery. when families spend less, it hurts stores andinesses. when businesses make less, they stop hiring. it is a vicious cycle. in the local level, incomes goal the most in places with the worst housing but the such as florida and nevada and florida. the typical family in mississippi made the least at $37,000 per household. that number has falls thousands in three years. gerri, what will in mean for the overall who? rather, what does it mean now? >>gerri: it is a domino effect. consumers get less income. they spend less with businesses who rely on them. those businesses, then, stop expanding. they stop hiring. this is impacting the economy already. we have seen record numbers of

people claiming food stamp. one in eight families now on food stamps. that is 13 percent of the population. a lot of people looking for government assistance. this is three years into the recovery. >>shepard: this report came out today. did it have positive signs? >>gerri: yes. people are buying homes or moving into new apartments at rates we have not seen in a long time, some 12 percent or 37 million people. that is good news. some are just kids leaving mom and dad's house. but that is good. and we have more births. they cratered during the recession. now they are coming back. there are some babies back there. >>shepard: people are having more fun. >>gerri: that, too. >>shepard: more on the investigation into the deadly attacks in libya. the man who intelligence officials say may have been behind it has a long history with extremist groups. the details are coming up. two candidates in one state. governor romney and president obama both trying to get a bigger share of the latino vote

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>>shepard: president obama and the g.o.p. none knee, mitt romney, both making stops in the crucial swing state of florida. the president got to miami and taking part in a townhall forum for hispanic voters. univision hosted the event. last night governor romney addressed the same forum saying he would find a "permanent solution," to a "broken immigration system." he did not say if he would overturn president obama's new policy that suspends deportation of certain undocumented immigrants who came to the united states as children or teens. look at this: a fox news latino poll gives president obama a 2-1 edge over governor romney among hispanic voters.

karl campaign is -- karl campaign made his way up the florida coast. both are in the same state. >>carl: the univision forum is part of what is creating their platform, mr. obama today, going after mitt romney on a host of things. yesterday, romney pointed out that the president had not passed comprehensive immigration reform during the first term. today, president obama pointed out that mr. romney said he would veto the dream act if it passed. all aggressive stuff. mr. obama today went after governor romney for his remarks about the 47 percent of americans who do not pay income taxes. today, president obama nuclear that secret video to jam it to mitt romney before the latino audience. >> when you express an attitude that half the country considers itself victims, that somehow they want to be dependent on

government, my thinking is maybe you haven't gotten around a lot. >>reporter: we have last our communication so i toss it back to you in new york if you can still hear me. i can no longer hear you. >>shepard: so it goes, on a loud and warm day in florida. the candidates fight for florida, some analysts argue it is ohio's undecided voters who could matter the most. no republican has ever won the white house without first taking the buckeye tape. and the latest follow poll shows president obama is leading there by seven points. that is outside the margin of error. now to mike tobin. why are the candidates going there to win support, as if i needed to know that? >>reporter: well, it is the undecided vote, the small percentage of undecided voters in ohio, is getting a lot of attention. the question is: what do they

want? this is a rust belt state and manufacturing jobs are very important. however, the emphasis played by the obama campaign on the auto bailout is falling flat because the jobs never materialized. ohio lost jobs. i thought when the bailout happened i thought it was going to be a saving for the jobs but it did not pan out. people were still unemployed. the unemployment rate did not change. >>reporter: there is a lot of emphasis placed on foreign policy particularly by the romney campaign saying obama administration was not fell enough with china in terms of currency manipulation and copying products. because of that the campaign says that jobs from ohio were sacrificed to china. >>shepard: the undecided voters are important but there are other issues there. >>reporter: it is very interesting.

the obama campaign is catering to women. that is why they brought natalie portman in cincinnati yesterday. the romney campaign is doing something different: they are reaching out to democrats but democrats in the eastern and southeast portions of the state. that is coal country. they are sending the message that the obama administration's green agenda is not going to be friendly to coal jobs. >>shepard: thank you from columbus, ohio. there are 47 days now until election day but some people have cast their votes. a lot more plan to vote before november 6. whether they can, that depends on important cases working their way through courts. the fight over early voting is next on "studio b." questions?

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>>shepard: the first voting in the race for the white house is underway now although election day is more than a month away. a handful of states accepting absentee ballots by tomorrow. tomorrow, idaho and south dakota will start in person early voting. it is not without controversy. democrats in florida and ohio challenge the republican legislation that cuts down on the number of early voting days. opponents say this could suppress the town out of low income or minority voters but supporters say it limits election fraud. now political science professor from george mason university outside of washington, dc, is with us, a nonresident fellow at the brookings institution which describes itself as a nonpartisan public think tank. voter fraud. a huge problem? >>guest: as far as we can tell where the vote fraud occurs it occurs primarily among absentee voting. some of the laws that have been implemented to not directly

address the source of the main part of what we see in the system. >>shepard: but there is not much? or is there? >>guest: very low. we have had millions and millions of voters the last years and the likelihood of vote fraud occurring is on the order of winning the lot try. >>shepard: of winning the lottery is like 11 billion or something, isn't it? >>guest: yes. it is a very rare and infrequent. when it happens we are concerned. election officials do take these allegations seriously. they investigate them fully. usually what happens, the allegations come out and after we find out that maybe someone signed on the wrong line on a poll book and that is the source of the error, not that fraud occurred. >>shepard: generally speaking have the courts been siding with more opportunity to vote or less opportunity? >>guest: that is a very difficult question to answer. it is mixed. the courts have upheld photo

identification laws in indiana, a very important case from there. however, we just had the penn state supreme court overturn an implementation of a law in pennsylvania. we don't know what will happen there because a lower court has on make another ruling but it appears that photo identification will be suspended at least if one election in pennsylvania. you can see the directions are muddied depending which court you are talking about. >>shepard: we go through everything about voting data and have a decent picture of who is most likely to vote early. tell us who the people who may be voting now are? >>guest: the people who are voting now who are voting by mail are historically and even in 2008, tended to be republican candidates. republican voters, i should say. there are some exceptions. oregon votes by mail. washington votes mostly by mail. colorado, mostly by mail.

i'm not talking about those states but states there could be a mixed mode of voting. republicans, by and large, vote by mail where they can. we can see this in north carolina, we see more republican, registered republicans have voted so far by mail in north carolina than registered democrats. >>shepard: as time goes on, it becomes very clear that people in some states have it a lot easier when it comes to voting than people in other states. is there a push on the national level to say just because you live in north carolina does not mean you should get more time to vote than someone who lives in idaho. >>guest: that is what the founding fathers decided on, saying it is up to the states. the federal government can set minute guidelines for voting. we used to have early voting in this country. we used to vote over several

days. it was not until the 1840's that the federal government set a uniform day of voting for the first tuesday following the first monday in november. prior to that, we had early voting. we had voting over several days. >>shepard: we will see how this lays out. thank you. >> intelligence sources tell fox that a former guantanamo bay detainee could have been the ring leader behind the terror attacks in libya. we will explain how he got out libya a few years ago. a man whose investigation found a dozen people at fault over "fast and furious" spoke out today on capitol hill. we are waiting for the space shuttle to land at andrews -- rather, edwards air force base on the west coast in california.

we will watch as it happened.

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and what they said is amazing. review 5-hour energy over 73 percent who reviewed 5-hour energy said they would recommend a low calorie energy supplement to their healthy patients who use energy supplements. seventy-three percent. 5-hour energy has four calories and it's used over nine million times a week. is 5-hour energy right for you? ask your doctor. we already asked 3,000. >>shepard: space shuttle "endeavour" is set to finish the cross country trip to california as nasa wraps up the last scheduled flight for any u.s. space shuttle. "endeavour" took off from kennedy space center on the florida space coast piggy backing off a modified 747. nasa tv is sending this to us.

they have one jet flying alongside another and take the like pictures. that is very cool. leg one took the shuttle to houston and now "endeavour" has made flyovers on the way to california. it passed right over tucson, arizona, an hour ago. nasa reported it was to honor the former arizona congresswoman gabrielle giffords, a long-term advocate of the space program and wife of the former astronaut, mark kelly, the last person to command "endeavour" and congresswoman gabrielle giffords stepped down from her job this year as she continues to recover after a gunshot to the head. a live look coming now from edwards air force base in southern california, where is the final home of the california science center in los angeles. trace? >>trace: we are watching this with you. it is very cool. it looks like the shuttle is still pretty high. what was supposed to happen, the shuttle on the 747 was supposed to land at edwards air force base at either 12:30 west coast

time or 12:40. they were seeing how much fuel they had on board the 747. many times they have done this they want to make sure the fuel is precise because they do not want to land if it is too heavy. to they had enough fuel they would do an extra ten minute fly by in places in southern california like the desert area. the reason the places are important is because a lot of the parts for the shuttle were built in places like these areas in the desert. and the town next to edwards air force base, a lot of the support personnel who have helped "endeavour" were based there over their 20-year career. that was the off landing space when they could not land at kennedy space center, and people here had a hand in taking care of the landing and mounting it up again on the 747 and flying it back to florida. it is our understanding, because

nasa has not given us any commentary, our understanding is they will do the extra seven or eight minute flight and do a low fly by over the desert communities of land was december and palmdale and go to roseman before finally landing at edwards air force base in eight or nine minutes. edwards is a temporary spot, just for one day, and "endeavour" will make the final journey back to los angeles tomorrow. again, it will do the scenic tour, going up over sacramento, down beyond the golden gate bridge, central california, down past mall but and venice before going over disneyland. the laboratory which is nasa's home businesses and coming back over the griffith observatory before finally landing at lax. this is the second to final leg

of the 122-million miles that "endeavour" has traveled over the 20-year career from 1992, the first flight, until the final flight just last year. this shot, really, is amazing from the nasa jet flying alongside. >>shepard: good looking stuff, trace. we will have the landing live for you. >> former guantanamo bay prisoner released during the presidency of president bush may have had a hand on the deaths at the benghazi embassy saying al qaeda was "likely involved" in the attack. according to the confidential guantanamo bay file released by wikileaks, he was connected to against ears of the 9/11 attacks the back in 2007 the united states turned him over to libya on the condition that the former libyan dictator, muammar

qaddafi, would keep him under lock and key. muammar qaddafi did not keep the promise. imagine that. he released him and others, as well, back in 2010. it is permit to note that under officials tells fox that he or she has no conclusive evidence that the prisoner was involved. now jonathan hunt is here. what do we know of this guy's history? >>jonathan: according to this file, his name is sufyan ben qumu, he is 53 and from a coastal city of libya not too far from benghazi which, obviously, is important. he was a member of the libyan islamic group and thrown in jail by muammar qaddafi but in 1993 he escaped and trained as one of bin laden's camps in afghanistan. in 1998 he joined the taliban in pakistan. in 2001, after the 9/11 attacks, he was arrested by the pakistanis, handed over to the

u.s., and in 2002 was transferred to guantanamo bay. in this report in 2005, officials at guantanamo bay deemed it "medium to high risk and likely to pose a threat to u.s. interests." however, two years later in 2007 he was sent back to libya on the condition he be held in prison. in 2010, he was released from prison by muammar qaddafi but he then sided with the rebels and fought against muammar qaddafi in the rebellion there. >>shepard: that area is said to have many al qaeda sympathizers. >>jonathan: muammar qaddafi, himself, always called it a hot bet of islamic extremism and many of the fighters from that coastal city in libya led a charge against muammar qaddafi's forces. they were led by a man who is still in that town and he has boasted to reporters of his time, too, fighting in afghanistan, and of his connection to leading al qaeda

figures including osama bin laden. none of which proves he or anyone else is directly involved with al qaeda or involved in the attack on the u.s. consulate in benghazi. it proves what so many have said: we do not know and we cannot control who has power in libya and what they do with the power. >>shepard: thank you very much. >> the managing director of the washington institute, michael singh who is a former senior director of the national security council. good to see you. what do you make of this word that this particular fellow could have been behind this particular attack on 9/11, 11 years later? >>guest: well, it sounds like the details are still very hazy. it points to a couple of problems. this is obviously not the first time we have her reports of recidivism by former detainees in guantanamo bay or other places.

it suggests big problems in libya. yes, we have a relatively pro american government there. that government does not have a great deal of control. there are a lot of terrorist militias running around with different agendas than the government and could be antigovernment. it sounds like maybe this wasn't the work just one group or one person but, in fact, more than one group joining together. >>shepard: one thing about these sorts of missions and embassies and the rest, you want them to be a place where america can get its work done on foreign soil, where we can do business and take care of business and each other in these places. if they become fortresses, this is no way to get that done. is there a solution in the works? >>guest: there will be a lot of second-guessing here obviously about the security footprint and the temptation will be to turn things into fortresses. citadel equity line you have to tread. obviously our diplomats and others that are wanting to

interact with the societies, their job is to represent the united states and the people, but on the other hand we need to keep them safe. we want to avoid international incidents and avoid exactly what happened in benghazi. getting that balance right now will be something that i think congress and the state department are going to look at closely. >>shepard: the matter for those in politics to hash out, as well, because there are differing thoughts on this matter depending on your point of view. >>guest: that is absolutely right. again, you have a congressional inquiry that is being started up now, the state department will have its own inquiry and our diplomats on the ground have their own opinions about this sort of thing. it will be be worked out over the coming weeks and months. >>shepard: thank you, michael. >> the man accused of murdering 12 people in a colorado movie theater reportedly mailed a notebook to his former psychiatrist before the shooting spree. we talked about this at the

time. the prosecution has been been trying to get their hands on this guy's notebook. today, the court gave it up. we will explain why. that is coming up right after the commercial break.

>>shepard: it is about you shuttle shut downtime in california. trace? >>trace: we are trying to get this on a wider perspective. it is a fly by edwards air force base and it could be the final

fly over of a small town which is next to edwards air force base. the reason they are doing this fly over is because they are paying tribute. this is a state-wide celebration, to go by the desert communities that over the years supported the shuttle program by not only building the parts but supporting edwards air force base and loading this thing on to 747's many times over the years to be flown back to florida because of adverse weather conditions forcing a land at edwards base, it is 160,000 pounds on top of the jet. they were planning to make sure they had the precise amount of fuel in the 747 so it did not land too heavily. we have done this many times. they want to make sure with 167,000 pounds on ton you bun as much fuel as you can. the worry was you they might have had too little fuel for the ten-minute fly over of the

desert community so they were going to check the fuel and maybe land 10 or 15 minutes ago. apparently they had the fuel because they have been flying an extra 15 minutes and the crews on the ground at edwards air force base say it appears that they are on the final approach, or on the downwind leg of the final approach. they will come down and land. this is the second to final leg of the "endeavour" flying from edwards air force base tomorrow to los angeles international airport and they will move this 12 mileis 122 million miles that have been blown and the most controversial part of the journey is the last 12 miles that it will do on the ground here if los angeles. the reason it is controversial is to get it from lax to the new home in the california science center, it means they have to cut down 665 trees and the

environmentalists are not happy about that. 265 trees in los angeles and another 400 trees in the cities along the way. that has become a big controversy as we watch "endeavour" ready to land at edwards air force base. >>shepard: thank you. are we through with this? we are going to come back and show the landing as it happens. the producers say it is not landing right this second. we will come back and show it to you like. >> the investigation over the failed gun tracking information "fast and furious" with the justice department telling lawmakers on capitol hill this scandal proves the need for better government oversite. "fast and furious" was meant to follow guns to mexican drug cartels but the feds did not track the weapons and two turned up at the scene of a shootout where a border patrol agent died this 2010. yesterday, the justice department inspector general released a report criticizing 14 government staffers for judgment

mistakes, management failures, and misguided strategies. today on capitol hill he urged reform at the bureau of alcohol and firearms that ran the operation. >> there has to be an internal change in how cases are managed. they need supervision. they need oversight. thoughts of investigations like this need to be carefully reviewed at highest levels at the outset. >>shepard: the inspector general's report does not criticize a top official at the justice department, the attorney general, holder. not at all. now like to capitol hill. james? >>reporter: the inspector general did conclude, however, that top aides to attorney general holder failed to brief him at key junctures in the case. case in points when the aides realized the weapons found at the murder scene of the agent were linked to the ongoing gun smuggling investigation. they failed to take steps to correct falseness about "fast

and furious" that the justice department provided to congress back in february of 2011. a democratic lawmaker asked this morning about the rationale originally for allowing guns to flow south of the border to the mexican drug cart sell. >> did the agents have bad motives? did they just fail to consider the public risk involved? >> having a long time investigate ever strategy that dismantled a large organization was the greater good they were undertaking, to dismantle the organization, stop the trafficking, and that is what they believed was in the best interest of the public safety. we found that was an incorrect calculation. >> the report found assistant attorney general who was head of the criminal division failed to inform his superiors when he became aware that similar gun walking operations had been conducted by at tf during the bush area. >> the criminal chief was breur

who was responsible for the wiretap applications. he forwarded this february 4 letter which was false, to a home computer, credit we have justice department people under him who are either resigning or being disciplined, how does he escape discipline? >> that was the deputy a-- assistant who resigned yesterday. >>shepard: the shuttle is making its way to edwards air force base in california. trace will guide us through the last landing at edwards coming up. [ owner ] i need to expand to meet the needs of my growing business. but how am i going to fund it? and i have to find a way to manage my cash flow better.

[ female announcer ] our wells fargo bankers are here to listen, offer guidance and provide you with options tailored to your business. we've loaned more money to small businesses than any other bank for ten years running. so come talk to us to see how we can help. wells fargo. together we'll go far. >>shepard: that is "endeavour" on top of the 747. we can go coast to coast without any problem the trace is watching that bird come down. bring it home, trace. >>trace: the magic of

television. the landing gear is down so it is on final approach. the "endeavour" is making the second to last leg of the cross country journey. it was in houston this morning, it got fuel in el paso, and there were fly brings over austin, texas, and a trip out to congresswoman gabrielle giffords, low in tucson, arizona, and paid tribute to the employee whose worked so hard over the years on the shultz -- shuttle program. see the plane behind the shuttle? that has been giving us amazing pictures of this flying all the way in. it will land at edwards air force base, spend the night at the flight research center at edwards. they will take off tomorrow morning to the final destination which is los angeles. you can see so many times the "endeavour" land and we saw the parachute come out of the rear tail but before "endeavour" which was built to replace the

"challenger" we now saw the parachute. it was the first to have it. had was a remarkable piece equipment that brought the first african-american female into space, the first japanese astronaut in space. now, it is touching down. >>shepard: there you go. what happens next? >>trace: they will take this over and put it aside for the night. tomorrow morning, it will continue the tour around california. it will fly up and over sacramento and fly over the golden gate bridge and san francisco and make its way through central california and a fly over by venice and mall but, over disney and griffith park

before landing at los angeles international airport. october 12, it will be put on a big truck and carried 12 miles to the final destination which is the california science center. the reason it will stay there is because it gives people both in this country and internationally a chance to have quick access to the museum so they can go over and see exactly what the "endeavour's" history was all about. they will do a lot of motions. they will take out the toxic tanks. they will re-do the enings. a lot stuff will go into this. october 13 it will be in the final resting home, the california science center here in southern california. >>shepard: that was great, trace. thank you. the suspect in the shooting rampage at the colorado movie theater today, smiled and seemed to pay attention in court, a

shift from the suspect from the past. no cameras about today. here is how he looked back in july. the orange hair gives him away. replaced with short brown hair and a short beard, i'm told. here you go. a sketch. the sketch gives us an idea of what he looks like. today in court the prosecution gave up their fight to get access to a notebook which they say the suspect mailed to his one time psychiatrist before the attack. the position says they believe he details the bloody shooting spree but the defense say these are protected by doctor and patient privilege. the prosecution says they didn't want to hold up the trial fighting for the release. they say it will be released, anyway, if the suspect uses an insanity defense. defense attorneys have already said that holmes is mentally ill. he is accused killing 12 people and wounding 58 others during a midnight movie screen back in july. now we bring in the judge, senior judicial analyst, judge andrew napolitano.

we will learn a lot from this. napolitano we will only know what is in the notebook good he pleads insanity. if he does, in colorado, he does not have to prove he is insane. the state has to prove he is sane. they would be entitled to the same materials that his lawyers and doctors have, one of which would be the note back. the reason the state wanted the note book ahead of time, is to preempt him from pleading insanity because the state has reason to believe, from other sources, the notebook shows a plan to commit this. they would argue to a jury, anyone that could plan something this detailed and this horrific is not insane. >>shepard: if i'm a family member, i might want to know what was this guy thinking? why? i would want to know. >> everyone probably wants did know why. we may never know.

he could plead guilty tomorrow and be sentenced to life like the case would almost killed arizona congressman gabrielle giffords and did kill a federal judge. if there is a trial, the evidence of his guilt is overwhelming. the over conceivable defense is insanity. the notebook comes into play and the government will get it without asking for it. >> arguments have been made we might be able to learn something as a society, law enforcement answers could learn something, and psychiatric community could learn something. this is an argument to be made you do not learn from a crazy. >> this is a difficult case were the court had a difficult time deciding whether the psychiatrist even qualified as his doctor because he saw her so infrequently. he saw her just because she was the psychiatrist employed by the college he was attending. the court decided there was enough contact she was his

physician so the secrecy between the patient and the physician applies. we may never know what was in his head unless he pleads insanity and she gets up and testifies. then we will know everything he said to her in all of the sessions. >>shepard: i feel bad for her. >> it will not be a happy outcome no matter what. >>shepard: the shuttle, one last look. starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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