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According to the defense , the actor walked Bakley to the car and then realized he had left his gun inside Vitello 's . A textbook that aims to highlight the human drama of litigation ( best described in Chapters Five , Six and Seven ) should include certain facts related to litigation : how often is one arrested or served with a complaint ; how often might the defense engage in plea bargaining or settling out of court , and even how often a lower court is reversed upon appeal . Jones did not say exactly how the documents had been stolen other than by breaking into the defense team 's computer . " But , as O'Connor emphasized in her decision , " it would indeed be ironic if , in the name of national defense , we would sanction the subversion of one of those liberties ( such as due process and the right of habeas corpus ) which makes the defense of the nation worthwhile .