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>> i think that's right. the obstruction charge>> i t cas the heaviest penalty, potentially, potentially 20 years. however, i wane heavie penaltytn thing that mr. trustee said. thatn of, under the sectio the espionage act, they may be thinking of, which is 793thee >> that's if they were smart, that's probably what they would charge, becaus e it doesn't require them get into this whole classified documents issue ha s to be national defense information. and in that case, their case is from d.c.ion.om d, hetzel, br and others that say you don't have to prove that he intended to into the united st...

Prosecutor, that doesn't mean he or she brings every single case. that is not happening with ordinary crime. they may can prove one or two counts, do they want to do that? is it in the interest of justice and in the country's best justice? with hillary clinton, they passed on it. even though jim comey shouldn't have held that press conference, wasn't his call. i contend and say that is the case here. there is willfulness missing. this espionage statute and intention with presidential ord acts, there will be proof problems and it will be appealed to the supreme court. this will be three or four...

Knows. >> 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 charges 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 eventually from the defense side, but that appears to be the charges and it appears to be something that will get off the ground on tuesday. >> reporter: and what you hear there is the beginnings of how they're going to defend this. the 793 charge, the espionage ...

They seem to have the regret trump mental advertisement there's something interesting in the target notification. the law cited for the documents is section 793 that doesn't require to you prove something is classified just it would have affected national defense information. that's going to give the president's lawyers latitude to argue maybe it's not national defense information and what if this information was leaked by someone before the president referenced it? i think there's charges the trump team sees in prosecution and i'm talked to government lawyers also they have concerns how this ...

93, chris, i know it sort of inside baseball, with that last phrase in 70 93, it does fit here normally however seven and three is used for people who pass along information like edward snowden. the question, i think, that general -- the question is how you're going to simplify this now. so many prosecutors fail, overcharge and failed to keep it simple. i don't think smith will be one of those. the very same conduct also is a clear violation of obstruction. the question is whether he will stick to that charge. this could still enhance it. or whether, in fact, he will add a whole another one. i...