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As the January 6th hearings unfold, a former U.S. Attorney discusses the possibility of criminally prosecuting the former President.

>> barb, trump doesn't use email or text messages. he lets other people do the dirty work like tony soprano. how hard would it be given that to tie trump to what the committee is investigating? >> it is a good tactic, but it's not impossible to prosecute him. the more evidence that keeps coming out is sounding very loudly to me like what is known as a klein conspiracy, to obstruct the functioning of government. and this could be responsible for that. even those who did not themselves commit an overt act, they would need people on the inside to testify about the role of donald trump in that con...

Privilege. i think there are a number of places this could lead. i think it also could be shared with criminal prosecutors for possible criminal violations. the one that comes to mind is the one that robert mueller used against the russian internet research agency, sometimes referred to by prosecutors as a klein conspiracy, but it is conspiracy to defraud the united states by undermining part of the function of the united states. so in this instance, as robert mueller alleged, the free and fair elections in the united states. that's one possible charge. others come to mind, but certainly the f...

That there was a thing of value that was being discussed. so, even -- if you're going after whether it was or was not, in fact, opposition research out there, i don't know that they had to make good on it. but the fact that it, for example, donald trump jr. thought he was soliciting for opposition research on hillary clinton, i think that would be enough to satisfy the statute. >> are there things other than these campaign finance violations that you think that can conceivably be in the arena when the prosecutors and special counselor might be looking at this? >> i think a special violation th...

Question. i think that on a case like this, you'd have to show that there was more than just an imaginary thing of value. that there was a thing of value that was being discussed. so, even -- if you're going after whether it was or was not, in fact, opposition research out there, i don't know that they had to make good on it. but the fact that it, for example, donald trump jr. thought he was soliciting for opposition research on hillary clinton, i think that would be enough to satisfy the statute. >> are there things other than these campaign finance violations that you think that can conceive...