Here. you could argue that they never should have gotten to that stage. once there was a deal and it was acted on to the disadvantage of cosby, it was for him speaking in his defense in the civil case, it was tainted. let's bring in smerc, what is your take on the situation? >> two-fold, number one. he was enticed to surrender his fifth amendment rights and then the testimony he offered in the deposition was used against him in the subsequent criminal proceeding that was after he paid $3 million plus to make the civil suit go away. so on everyone is already talking about that. the second issue...