basically start a special counsel to investigate an issue that should never have been investigated to begin with. >> sean: y instead of declining to prosecute, why would he wait to make the decision? >> why wouldn't he add that to a future prosecution? why not add that? >> sean: why would the attorney general decline and not just wait? >> well, it's a very good question, and maybe he will reconsider. i would encourage him to look at the negligence statue. >> sean: just because he declined to prosecute at this moment, that doesn't mean he'll decline forever, and is a question much bigger now. he can reverse his decision making, as long as the statute of limitations hasn't run. that's not going to run for a while. the interesting thing is, now we