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Misdemeanor to a felony by applying to a national election for federal office state campaign laws not enforced criminally in new york. still more evidence the crusade is nothing more than brass knuckles politicalization. >> i wish it wasn't true. the campaign finance laws, and we are speculating here, right, we won't know until we see an indictment what other crime that bragg thinks he has. the reason that's relevant is the only way he gets a felony is if he can prove that trump falsified records, which is a misdemeanor in new york, to conceal another crime. so we are all speculating about wha...

Executive privilege. were you surprised by that? >> i mean, i think trump is worried about people talking, and well, he should be. this is not an evidence problem, this is a merrick garland, when are you going to make your move, jack smith, when are you going to make a move kind of problem? there is a ton of evidence. we've seen video. there are documents and documents. it's a question of when is there going to be action i think more than anything, but yeah, trump is going to try to run out the clock. this is the strategy, always been the single shot edgy, and that is what he will keep doing. ...

Both the national archives and the doj. >> molly, the big news today is that, perhaps, i would not be surprised if mike pence wanted to fight the special counsel, jack smith's subpoena, but, what we're learning is that it's trump, and obviously trump's attorneys who will be making this fight on behalf of mike pence trying to argue executive privilege. were you surprised by that? >> i mean, i think trump is worried about people talking, and well, he should be. this is not an evidence problem, this is a merrick garland, when are you going to make your move, jack smith, when are you going to make...

Counsel robert mueller if he says he felt like he was handcuffed throughout the investigation and could not bring charges against a sitting president puts more wind in the sails for democrats. if he says it was an evidence problem, which is what the attorney general maintained, that puts a stake in the heart of the whole russia collusion case, sandra. >> sandra: sets up for an interesting week. thank you. >> bill: bring in byron york for analysis. here is the headline from your piece today. democrats think they have a slam dunk obstruction case against trump. they don't end quote. explain that...

Constand did report close to the incident. she didn't report right away and many psychological experts can testify that women who have suffered sexual assault often experience a trauma that prevents them from reporting right away. another problem, that's no physical evidence. there's no dna, no eyewitnesses so there's nothing actually to corroborate andrea constand. however, we may hear from many of the accusers. the other accusers of the 57. >> with that evidence problem in mind, cosby's attorney was asked if she expected prosecutors to offer her client a deal. let's listen to what she had to...