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Statute, criminal impersonation and here's what it says, and it's short, a person is guilty of this crime when he impersnates another or does an act in such assumed character, that's acting as mr. koch, with the attempt to obtain a benefit, the benefit is publicity, news story, that's what they got, or to injure another. that's the governor. all the other elements are there, mark good luck with that. >> megyn: why not, mark? >> why not? >> it's news worthy and good luck with that one. >> news worthy is not the test. >> i don't see that going anywhere. what i do see is -- again, i don't know if...

>> you heard that i was going to talk tom, that would be the only reason why is we would only do it if they came back to the capitol with all 14 of them. my sense is hell, i'll talk if they want to yell at me for an hour, you know, i'm used to that. i can deal with that. but i'm not negotiating. >> bring a baseball bat. >> i have one in my office, you'd be happy with that. i got a slugger with my name on it. >> beautiful. beautiful. megyn: well, that was a liberal blogger named ian murphy, impersonating a man named david koch, a wealthy billionaire energy mowing up who helped get governor walk...

Governor with a conversation that the governor thought was private? lee, where do you stand? >> with respect to the governor, the only thing that he's guilty of, the only thing, is that he was duped into believing that he was talking to somebody that he wasn't actually talking to. you have the conservative, you have a republican governor, talking to somebody that he thinks is a conservative, supporter of his, about conservative ideology and strategy, not giving away any secrets, not giving away any state secrets, not accepting any bribes, and i'll get to the california trip in a minute. if tha...

Was all right, that would be outstanding. >> no, no, no. he's -- keep reading. keep reading. >> there's more. >> there's more all right. it's the part you didn't read that actually helps the governor. >> the next one hurts you more. >> if you don't mind me reading it, i like the sound of my own voice when making my own arguments, okay? he says we're doing the just and right thing for the right reasons and it's all about getting our freedoms back. i love mark's reaction. can you imagine, the governor is on the phone with who he thinks is a supporter and the fellow says look, if you get all this...

Somebody. we have that. you have to do it with ab intent to obtain benefit. the benefit is he's looking for publicity. we're talking about it right now. he's got that. >> by the way, howard sterno stkpwhraoe hold it a second. you can stop there. it's not an and. it's or. or injure someone else. and there's an injury here. arguably. the benefit to the reporter is much better, and that's what i would state. megyn: i got one last question for you mark. mark doesn't want to answer that one. doesn't sound good for him. i want to ask you this, mark, how does it play in a courtroom. >> if indeed some...