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the punishment is if he's convicted. and secondly, he has known about this trial date for months and months. the evidence against him was presented as a courtesy to him under the rules back in june. here we are in the second half of november. right now the case is going forward without anyone challenging the evidence, without anyone presenting congressman rangel's view. and they're not going to try this twice. so this is either a stunt or one of the most ill-guided maneuvers in a courtroom that i've ever seen. jon: but it could, i mean, he could go to trial under, presumably, the gavel of a speaker boehner, right? if this thing gets dragged out? >> no. i think they will finish it this week whether he's there with his lawyers, whether he's there alone or whether he leaves. jon: interesting. judge andrew napolitano. >> pleasure. jon: check hit out tonight on from "on freedom watch" 8:00 this evening, and you'll hear the answer to that question.

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