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So i can't accept the former vice president's legal analysis. >> and so if we do see this indictment this week, it is possible that we will see charges other th iitement. do you think that's appropriate? >> i do. i think for those -- the schemes all over the country as well as pressing his own doj, pressing governors and elected officials around the country, and those phony false, fraudulent counterfeit certificates. >> you keep coming back to that. >> well, jim, these were pieces of paper that said the undersigned were the electors for the winner, donald trump. and they signed these false ele...

Proceeding charge. what do you think this might mean, barb? >> my guess is the target letter identifies the statutes of investigation without describing a whole lot of detail. and so the statute is 18 united states code section 1512, and as you mention there's an awful lot of stuff packed into that statute, and the title of it is tampering with a witness. so it could be that maybe donald trump or others suggested to a witness they not tell the truth or something like that, but it strikes me as far more likely it is instead 1212c, that is an obstruction of an official proceeding. so an agreemen...

Really is about. >> so incitement was interesting because people are pointing to what donald trump said on the ellipse that day, and what he said leading up to that. go to the capitol on january 6th, will be wild, march to the capitol, stay peaceful, he also said. >> and that might be why he's not charging it. what if it's messy. >> the argument was it was a messy thing. it was hard to say his words directly correlated with the actions. >> if you're trying to make his strongest case, looking at the evidence fairly, and assessing in a non-political way, you charge what you think is the most fai...

Insurrection. that is a statute that has not been used by federal prosecutors, not been brought against any of the january 6th rioters. it's unclear what aid and comfort means, what's the intent level. so i think that is the one of the four is the most obscure or least likely. but 1512, from our investigation, we headlined with that statute, i think that is likely the operating assumption, the approach that the special counsel has taken. that's the lead count. unless they have additional evidence. that's how i would expect an indictment to read. >> congressman raskin named eastman. is that a c...

Mirror an indictment, but it does have some language in it that suggests what the seven charges would be. not 100% clear that all of those are separate charges. but they basically break out from an espionage act charge, which is ludicrous under the facts of this case. and i can certainly explain it. and several obstruction-based-type charged and then false statement charges, which are, actually, again, kind of a crazy stretch just from the facts as we know it. so, there's a lot to pick at from the defense side. but that appears to be the charges and appears to be something we'll get off the gr...