right, trump has a right to assert the fifth amendment against incrimination and not say anything at all. >> oh my god. and then case is proven then the judge then impose his punishment. >> okay. >> last three smoke use. and judge, russia needs to tell the former president possibly to bring it toothbrush next time he violates the gag order. on the other hand, does the judge have to be particularly careful not to take any beit? so does bag or gave the defense room for potential appeal later? >> yeah. the toothbrush punishment is still out there, but the the law basically is to impose a fine.& here they're asking $4,000 per violation and that's what the law says. and then the judge also has the option in other imprisonment. so at this point this is violations that are what are called indirect contempt, meaning it occurred outside the view of the judge. that's why the case will then have to be proven. and if the judge finds