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Under the espionage act. my point as a lawyer was you can say rosen is a criminal, right? you can say is he a criminal, judge, trust me, is he a criminal but i'm never going to prosecute him. i have prosecutorial discretion. i'm never going to bring that case. that wouldn't necessarily be inconsistent with holder going out there saying i don't know anything about a potential prosecution. but, wait. >> bill: that is a dance. >> let me add a wrinkle. i went over and pored over that fbi affidavit paragraph by paragraph. and there is another paragraph in there that has been getting less attention ...

Under the espionage act. my point as a lawyer was you can say rosen is a criminal, right? you can say is he a criminal, judge, trust me, is he a criminal but i'm never going to prosecute him. i have prosecutorial discretion. i'm never going to bring that case. that wouldn't necessarily be inconsistent with holder going out there saying i don't know anything about a potential prosecution. but, wait. >> bill: that is a dance. >> let me add a wrinkle. i went over and pored over that fbi affidavit paragraph by paragraph. and there is another paragraph in there that has been getting less attention ...

Under the espionage act. my point as a lawyer was you can say rosen is a criminal, right? you can say is he a criminal, judge, trust me, is he a criminal but i'm never going to prosecute him. i have prosecutorial discretion. i'm never going to bring that case. that wouldn't necessarily be inconsistent with holder going out there saying i don't know anything about a potential prosecution. but, wait. >> bill: that is a dance. >> let me add a wrinkle. i went over and pored over that fbi affidavit paragraph by paragraph. and there is another paragraph in there that has been getting less attention ...