why? because he had that period of time and he would say this is the version of the story before the story changed again? >> he is able to give michael cohen's nonpublic story at the time, when he had the post motivation to poin the finger at donald trump, michael cohen signed a complete privilege waiver so he didn't release anything privileged and said this is the information that when the southern district of new york was investigating this case, they interviewed michael cohen, then they interviewed bob costello and they had michael cohen sign a privilege waiver and then based on the information that bob costello gave them, that is why the u.s. attorney's office decided not to bring this case because they knew they couldn't rely on the word of michael cohen. so even though -- >> well i have to jump in on this -- >> the determination is admissible, but the information is. >> and i would jump in, whether or not cohen waived that for the