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Of whether he should have been charged. i want to start with you on this julien. what do you make of it, nine days into deliberations now, the jury has obviously reached a unanimous verdict. any way of handicapping it? >> nobody defends mr. edwards conduct but i think this was a terrible, terrible prosecution, and he should be acquitted. the reason for that, megyn, is that these matters of the misuse of campaign funds are always treated civilly, almost never, and perhaps never treated criminally. secondly it's not clear whether the money in question that was used to hide the affair was actuall...

Edwards' affair. it will not be based on the law. megyn: i don't know about that. i'm not sure if that is the case or not, david. you tell me. i looked at what the jury was requesting. noi'll tell the jurors. i went on o'reilly, i practiced law for nine years, and i provide legal opinions sometimes. i went on o'reilly and we talked about the handicapping of the case. i thought maybe 55% not guilty, 45% guilty. now that i look at what the jury has requested in terms of the evidence, i'm not as sure. the evidence they requested all seemed very unhelpful for mr. edwards. there is no way of knowin...

There are a lot of other moving pieces here, particularly related to conspiracy and misleading the government about what has transpired. megyn: let me ask you this. julien. i'll give you a chance tow respond. let me ask you this. what i have said before publicly is i think the biggest obstacle to the prosecution here is they have to prove he knowingly violated campaign laws, that he knew it was illegal, and he did it any way, and that is a very high standard. i think they wrote that into the law because it was the lawmakers themselves who run for office to said, let's make it as high and tough...

Scenario, it's both. let me just say this again, you're right the high level of state of mind cuts both ways. it's possible that something technically turns out not to be a campaign contribution. if you introduce evidence that edwards believed that it was he could still be guilty of conspiracy and lying. and how do you deduce that he was believing in that? based upon all of his actions, effort to obscure, effort to hide. it can be one of many prosecutions as you and julien know where you get acquitted of underlying charges and get punished for lying to the prosecution. so you could be again be...