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not be able to organize against anything. freedom of exprotection would be on the table for him if he enjokes the insurrection act as he wants to. jonathan, i wanted to turn to trump here in a moment. during the hush money trial we saw the former president in a new light. someone who was falling asleep. somebody who did not have the stamina or the strength if you will to realize the moment he was in. could his image take a hit during the next couple of hits on trial in a way that dents him? >> reporter: i think very much could. i was in the courtroom. i saw him falling asleep. this is not reportedly, this actually happened. on more than one occasion, monday and again on thursday and friday. he was nodding off. it makes it hard for him to call joe biden sleepy joe. that nickname is out the window. and think about the contrast. joe biden has what they call