LETTING IT GOAL. JOINING US NOW, SOMEONE WHO KNOWS THIS STUFF. WELL, ALL RIGHT. CRIMINAL DEFENSE ATTORNEY JOHN DAY. HE'S FROM NEW MEXICO. HE KNOWS MANY OF THE PLAYERS HERE. HE SERVED AS A SPECIAL PROSECUTOR IN NEW MEXICO. JOHN, THANKS VERY MUCH FOR COMING ON. APPRECIATE IT. AM I BEING UNFAIR TO THE PROSECUTORS HERE? >> YOU'RE NOT BEING ON SHARE. I THINK THIS IS A BATTLE IN THE MINDS OF PEOPLE WHO ARE WATCHING THIS. THIS TEAM'S VINDICTIVE. IT SEEMS LIKE THE SPECIAL PROSECUTOR TRYING TO SALVAGE LAW LICENSE MAY BE. THERE'S NO WAY IN THE WORLD. THIS JUDGE IS GOING TO SAY, YOU KNOW WHAT, I'M A DUMB MISTAKE. 2 MONTHS AGO. LET'S START THIS WHOLE THING OVER AGAIN. LET'S PUT ALEC BALDWIN BACK ON TRUMP. IT'S JUST NOT GOING TO HAPPEN. >> AND WHAT HAPPENS FROM HERE? SO LET'S SAY THE JUDGE SAYS JUST WHAT YOU'RE SAYING. NO, CAN PROSECUTORS THEN APPEAL THAT? >> THEY CAN GO UP TO THE COURT OF APPEALS THAT GOT THE SUPREME COURT. I JUST THINK THAT, YOU KNOW, IT'S BECOME AN EMBARRASSMENT TO NEW MEXICO WITH THAT. THIS WAS GAME OVER BACK IN JULY. THE IDEA THAT THE SPECIAL PROSECUTOR IS NOW GRASPING AT STRAWS TRYING TO SOLVE IT. REPUTATION TRYING TO GO AFTER BALL. AND I THINK YOU'RE RIGHT OF HIS NAME WAS ALEX DO MATH. WE WOULDN'T SEE ANY OF THIS. BUT THERE SEEMS TO BE THING THAT'S DRIVING THE SPECIAL PROSECUTOR TO KEEP GOING AND A FILE. THIS MOTION ASKING THE JUDGE TO RECONSIDER ITS GOING TO BE DENIED. THIS JUDGE IS NOT GOING TO SAY I MADE A SERIOUS MISTAKE. LET'S START OVER. >> AND LOOK, I THINK THAT THIS JUDGE IN DISMISSING THE CASE HAD BROADER CONCERNS ABOUT THIS CASE. THE JUDGE SAID IT WAS BECAUSE OF THIS DISCOVERY VIOLATION RIGHT BACK TO DO THAT AND TURN OVER BUT IF THIS WERE FIRST-DEGREE MURDER CASE, RIGHT, INTENTIONAL MURDER, SOMEONE ELSE WAS A LOT OF EVIDENCE AGAINST THE DEFENDANT. I'M GUESSING THAT THE JUDGE WOULD NOT HAVE THROWN OUT THE CASE. I WANT TO GET YOU TELL ME IF YOU THINK I'M WRONG. I'VE GOT TO BELIEVE THAT THIS JUDGE YES, HAD CONCERNS ABOUT THE PROSECUTION'S BEHAVIOR, BUT HE ALSO THOUGHT THAT THIS CASE IS A BIT OF A REACH FROM THE BEGINNING. >> I THINK SHE SAW AS IT UNFOLDED. I THINK YOU CAN SEE HER. WELL, YOU KNOW, LISTENING TO THE EVIDENCE, LISTEN TO THE WITNESSES. I THINK SHE ALSO HAD A HISTORY SHE NOTED IN HER IN HER ORDER, WHICH I THINK IS PRETTY BOMB PROOF. I THINK IT'S GONNA SURVIVE ANY SORT OF APPELLATE ATTACK. BUT SHE ALSO NOTED THAT BEEN A PATTERN OF DISCOVERY VIOLATIONS BY THE PROSECUTION. THIS WASN'T JUST A A ONE-TIME THING. SHE DID OBSERVE THAT THE PROSECUTION HER MIND HAD BEEN BENDING. THE RULES HAVE BEEN BREAKING THE RULES AND THIS IS SORT OF THE LAST STRONG. AND IF YOU KNOW, IF YOU READ MOTION THAT THE SPECIAL PROSECUTOR'S FL, IT'S ALMOST LIKE THEY'RE ADMITTING, YOU KNOW, JUDGE, WE KIND OF GOT OUT LAWYERED BY ALEC BALDWIN'S REALLY CAN EASE SMART TEAM OF OF LAWYERS. AND SO YOU SHOULDN'T BUY INTO THAT. >> LOOK, I DON'T CARE IF YOU LOVE OR YOU HATE ALEC BALDWIN. THAT IS NOT THE POINT HERE. THE POINT IS THAT THIS THING IS OVER. IT'S DONE. AND THESE PROSECUTORS WHO HAVE MESSED UP THIS CASE, DIFFERENT PROSECUTORS A DIFFERENT TIMES FOR DIFFERENT EASONS. L