We are looking at whether or not a formal instruction that bars the prosecution from offering this type of evidence is necessary.

Up to this point, it's not believed to have been necessary because of the way in which prosecutors and the commission members have been able to proceed in their trials.

Our position has not changed. This is a classified program and there are still aspects of it that are not appropriate for an open hearing. And that's what we have told the committee.

The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.

We are not looking for the dog — but we are holding the hair as evidence.

Criminal prosecution is not appropriate.