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>> no, no. the third, third, third. element of the appeal. >> that's powerful. oh, the third element of the appeal is that they bloc eal ask the testimony of brad smith. they allowed michael cohen david pecker to number one. cohen was allowed to say i pled guilty to a federal election campaign violationty to . entere and d david pecker was allowed to say i entered a non agreement with the department of justice or with the fec. and then when they brought in, t they tried to bring in an epicon guy, brad smith. and the judge basically said, no. urth >> and then the third or fourthi is, wait a minuts,e, you shoulds have an adverse witness charge because of columns voucher the invoice and the check. nobody put donal t d on any of those important bookkeeping records. >> alan weissenberg was the guy who made the decision that them. prosecution didn't call him. >> that's a missing witness, that the tha should have said.e he you can presume he would have said something negative
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