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Filling out this form maybe on a particular de on which he filed that he wasn't actually on drugs, might have only been an alcoholic, really trying to thread the proverbial needle? yes. >> could that succeed? >> it could succeed for a couple of the charges because the ideas that he's not knowingly making a false statement because he thinks the form is asking him right at this moment, are you using drugs? so maybe he's thinking, oh, they want to know, amount of sound mind that i can sign this form. that's the argument right. >> and then the other one is that he doesn't necessarily know who is a...

Actually important because it's in justice alito is letter to congress and none of us, including supreme court justices are permitted by law to make false statements to congress. his second page actually says the precipitating seems to suggest what he's saying is the precipitating factors this neighborhood dispute. he in fact recounts this very specific dispute as though that's the reason now we have the actual person, the neighbor, saying on the show no, that's on february 15th. she has 911 phone call that corroborates that. she also says is another witness that can corroborate it and the who...

Her conduct very heavily, but allowed her to remain on the case as long as her fellow prosecutor stepped down, what's also interesting about the way this process works is once the floodgates are open, now at this court has agreed to hear this appeal it allows the district attorney's office to bring aspects into this, too. so they are going to the appeals court and saying, look, the trial court judge, throughout a couple of counts against donald trump and his co-defendant we want those brought in. we want those charges brought in. so this is again, something that's going to involve a lot of law...

They're being charged with a specific statutory violations. this is the contortion without precedent that's been part of the republican argument here that they are going after his trump's allies trump's opponent it's because they believed that the justice department is working unfairly against donald trump, even as democrats themselves are being prosecuted there. >> but as you can see, marco rubio, who could be on donald trump's vp less, making it very clear where he stands on this issue and saying it's time to go back or after trump's opponents with everything, they got. >> all right. manu. t...

On drugs, might have only been an alcoholic really trying to thread the proverbial needle? >> yes. how could that succeed? >> it could succeed for a couple of the charges because the idea is that he's not knowingly making a false statement because he thinks the form is asking him right at this moment, are you using drugs? so maybe you're thinking, oh, they want to know, i might have sound mind that i can sign this form. that's the argument. >> right. and then the other one is that he doesn't necessarily know he's an addict at the time. so that's to the arguments. they're trying to say, look, t...