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It's not usually through interviewing a witness or putting them in a grand jury. it is usually based on statements made by other witnesses which are admissible in court. what we're learning the last couple of weeks is remarkable, we have that recording. you identified this last week, nicolle. a little recognized tidbit from "the washington post" is that donald trump called over to the department of justice nearly every day toward the end of december and early january. so we're aware of the notes that richard donoghue took of one conversation, but we don't know everything that donald trump was ...

Operations of the department of justice. >> so an office like the one you worked in, sdny, we think it would be more likely that the washington office would be doing this investigation. let's take it from the other side. how could they not now -- if they're following the evidence, if a federal investigation just follows the evidentiary sort of guidelines and takes a criminal investigation where it leads, we've seen the defendants say they were there because donald trump told them to go there. the ones who assaulted police said they were there because trump invited them there and the police off...

That type of research you would do everything possible to make sure it doesn't happen you. take precautions. what struck me is the fact this daycare was actually at home depot at the father's work of business. how would he forget his child when all he has to do is when he reports to work is drop the child off at the daycare. >> the father says, we were just -- i was just trying to research -- i was afraid this could happen to my child and i was researching what it would take. how do you go about attacking that kind of a defense? >> the charges don't require proving intent. the charge is felony...

Mr. president, there are questions regarding sergeant bergdahl's disappearance and whether or not military code was violated. these are issues by the united states army not monday morning quarterbacks on capitol hill. >> that was majority leader harry reid speaking this morning on the senate floor about sergeant bowe bergdahl and specifically he was addressing the question of whether he deserted his unit before he was captured by the taliban in june of 2009. desertion is a very particular, very delicate charge. to prove it that bergdahl was guilty of desertion it is not just a rhetorical matte...