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Here's what his attorney had to say. >> my job is not to defend behavior. my job is to defend something that is criminal behavior. bad behavior, mr. weinstein did not invent the casting couch in hollywood. and to the extent that there is bad behavior in that industry, that is not what this is about. bad behavior is not on trial in this case. >> reporter: there are other possible charges against harvey weinstein because a special grand jury is looking into charges. and his attorney says he's going to decide next week whether harvey weinstein will testify before that grand jury. nicolle? >> rehe...

Not dealing with this case and charging weinstein originally in 2015. weinstein's lawyer, though, previewed a defense today that tries to cast weinstein as a purveyor of bad behavior on the, quote, casting couch, but not a criminal. >> my job is not to defend behavior. my job is to defend something that is criminal behavior. bad behavior, mr. weinstein did not invent the casting couch in hollywood. and to the extent that there is bad behavior in that industry, that is not what this is about. bad behavior is not on trial in this case. it's only if you intentionally committed a criminal act and ...

Anytime soon. >> michelle, katie talks about what may be the defense here. certainly publicly sounded like is going to be the defense from weinstein side, the comment from his lawyer that he's not the guy who invented the casting couch. what was your reaction to hearing that? >> well, he didn't invent rape either. i mean that's not the -- i think the idea is to say, well, this was an accepted part of the exchange in hollywood. so how can you punish someone who thought he was entitled to behave like this? and obviously what they're going to try to do then is smear these women, saying these wome...

That there is bad behavior in that industry, that is not what this is about. >> did i just hear him there defend the casting couch, kind of dismiss this? >> well, you know, it is correct to say that these are two separate things. i would point out what the women and certainly that "new yorker" story that lucia evans was accusing harvey weinstein was not the casting couch. it was rape and sexual assault. harvey weinstein is entitled to a robust defense. in the press context we made sure he had fall and fair airing of his response to all of these allegations. he has always maintained all of thes...

But we're seeing signs of criminal accountability is extraordinary. i think, as you say, unexpected. >> now, there were a number of accusers of harvey weinstein. there were two cases involved here, one of lucia evans and another unnamed victim. why these two cases in particular? >> the police sources that i spoke to in this latest article that came out overnight talked about their long, pain staking process. i've stayed in touch with a lot of the sources over seven months of traveling around the world, talking to potential star witnesses thechlts a witnesses. these are cases they thought were ...