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prosecution? how does it hurt the defense? >> just some context on that is that this does happen in the media world. can you buy writes to a story and then choose not to publish it. some people may not like it but there is nothing inherently illegal. the prosecution wants to bring this in though to say well, he and trump had some kind of agreement that he was going to help them out with the election. so he going to pay off macdougall and this speaks to the same pattern here with michael cohen and therefore, what happened with stormy daniels is in effect an illegal contribution to himself. it is still a stretch no matter how you look at it but that's this whole case. >> lawrence: kerri, i'm curious. is the argument for the defense the statute that bragg is bringing before the court is not really congruent with this case or is the argument that, yeah, he did it but it's not illegal? >> it's a couple -- there is a couple points to that first, is that the statute of limitations has run. it's long run on these