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Donald Trump navigates the 12th Amendment’s home-state rule as he considers his vice-presidential candidate.

11780 votes. when he said that, was he asking ross ten berger to falsify the votes. that is the presumption. >> brian: and he will say no. will. >> he would say no. i think him simply saying find me 11780 votes i think that's a matter of will. i don't think that's is he looking to falsify the votes. the other question is, this issue about false elector. this it issue of false slaft electors. this essentially relied on a legal theory of some of the president's attorneys on the reading of the 12th amendment that the vice president has turn down electors from states. i think that's bizarre theory...

Turn them down. i think that's a fringe reading of the 12th amendment. but it doesn't mean that necessarily that reading of the 12th amendment of the constitution and acting on it is criminal, necessarily. >> brian: bring it down. you are not saying i don't want donald trump to be elected i want him to be elected using a league analysis to say this is problematic and we have an election coming up. you are also not happy with the alvin bragg case. you don't think there is anything to it. you say the document case is much more complex than people know. and possibly joe biden has some complex iss...

Prosecutors will have to prove he wanted the secretary and local officials to falsify the election return and i think that will be difficult to prove to 12 independent, impartial jurors. the second argument prosecutors will make and all these racketeering charges revolve around the fake elector scheme. president trump and john eastman and others believe under the 12th amendment, i believe it is far-fetched, the vice president had discretion, i think that is far-fetched constitutional idea and fake elector scheme flowed from that. i don't know if it is illegal to have that idea or act on that i...

Said is true that would include not just a first amendment free speech or political statements benign. it would include trying to get someone to do something unlawful. that's beyond the first amendment. in this case what they've alleged it's not be on the first amendment. and i'm not saying what they've alleged is true. i'm just saying even if it was trueo conspiracy to do illegal act. and so when you're saying that congress is going to do this and i want them to do why actions instead of ex actions or want the vice president to do a instead of b. that is not a conspiracy to do something illeg...