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but have to separate that from the fact that the law. he's a first offender. this is a low-level offense that could carry three years in prison. in my experience it is very likely he would receive a probationary sentence if convicted. todd: will the defense regret putting smollett on the stand? >> hard things to say but sometimes you are driven by the actor with the defendant but especially if they feel they need to tell their story. that's not going to do him any favors because the jury will look at fine detail about everything he says. i love that lien in the cage and their scoring points. >> i wouldn't want to be on the other side of your cross-examination. hopefully never i will get there. todd: it is not like lying about lying. thank you. one of bill deblasio's final acts in office, vaccine mandate

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