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Court -- just kidding! i would love doing that. just kidding. sam, what's the best counterargument to that and then, nick, your rebuttal? >> the relationship he's had with randy over the years. they've had a pretty aggressive back and forth relationship. but on the substance, that was the last charge in the indictment and i think it would go to whether or not roger actually obstructed justice by not telling them about his conversations with jerome corsi. >> so your defense argument -- and look, i don't know if you know this, some of our viewers are like, why do you have sam nunberg on? i don't...

In reaching whatever this conclusion will be with the sentence she's going to hand down. >> reporter: she's using some very very strong words and really laying it out saying that manafort isn't even being straight with her now, that he lied. she said at one point, were you spinning the facts to get a good deal then or a good deal now? and she brought up the defense argument that manafort has done so much for his country and she said that there was no exhibit, no information or intelligence to back up the argument that some of his actions have been for the country. but she did also say to balan...

Smile, looking at her almost sheepishly. she made the point that i thought was interesting, that there was a doj investigation into paul manafort before the special counsel was appointed. so she's making that point that he is not in her view facing the sentencing today just because he was a high profile person in the trump campaign. he was already someone who was under investigation before. >> this helps i think the special counsel's team because manafort's attorneys are making this big deal out of the fact that the government at the highest levels knew about his activity and they knew about i...

I'm just going to look for my notes here because there were some good ones for manafort and he said that he was sorry for what he's done and he acknowledged that last week in the hearing and after that hearing that judge ellis said that he wasn't sure that manafort had accepted responsibility and manafort said let me be clear and i accept responsibility for the actions that caused me to be here. he wanted to apologize. he apologized several times and he really emphasized the impact that this would have on his wife. she is his sole supporter. she she is 66. they would have nothing left after th...

Of obstruction? >> well, it depends. the reporting here is that it was michael cohen who approached president trump through their lawyers, requesting a pardon. and so there might be a problem with michael cohen legally in doing that. but if president trump's answer was no, then i don't think he has done anything wrong there. what's more interesting is to know what the response was, whether it was something like just play ball with us now and you'll get a pardon later, could be very interesting. it's interesting that rudy giuliani invokes the attorney/client privilege to prevent disclosure whic...