taping him. mrs. martin was asked about the recording during a grand jury appearance according to two people briefed on the matter. joining us now, barbara mcquade, former u.s. attorney, law professor at the university of michigan law school and an msnbc legal analyst. also with us is bradley moss, national security attorney and former clerk for the national security archive. barbara mcquade, there will be tapes. and if there is a prosecution, on the documents, it sounds like that tape is going to be part of it. >> it does, lawrence. based on this reporting, of course, we don't have all of the facts. but if this is accurate, this could be a very blockbuster piece of evidence. and that's because in a case like this, proving intent really is everything. unlike most crimes where ignorance of the law is no defense, when it comes to mishandling information, you