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That he told them that further prosecution was a possibility. >> at the time, you know, the crv -- the act didn't require him to do it. >> why did the judge rule that way? >> we have to go with what the judge found. >> the judge disagreed -- the office of legal council at the time gave guidance on this issue. the fact the judge now disagrees with the guidance. that's what happens from time to time on appeals. you know it. trying to go back now and with hindsight being 2020, sure. sure he could have because a lot of that after the fact about epstein. he's a bad guy. he deserved to be prosecuted...

He deserved to be prosecuted and in this case acosta got a deal that actually put the guy in prison when he was getting nothing from the state. >> we have to leave it there. i don't think this is the end of the story. jim, thank you and well argued. >> i told you last night the storm is coming. the mueller report is near. so is testimony from michael cohen. he was on the hill today. he wasn't meeting with anybody. it was a little bit misunderstood to be honest but he is going to testify. let's talk about what he could add to the stew, our truly redoubtable prognosticator is here tonight. mike ...