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Assault charges, video of the incident there. the 43-year-old man is charged congress with a dangerous weapon. cnn's evan perez is following this and other developments for us. evan, what do you know about the suspect? >> reporter: jim, we know he was facing, first, a state charge. he was released almost immediately after he was charged with a second-degree assault at the state level and now federal prosecutors have decided to charge him on a federal charge. that charge is for assaulting a member of congress. of course he is running for governor in the state of new york. obviously the justice ...

Man who is scared trying to get away, trying to get a gun out of someone's hand. not to use it on them but so that he won't get shot. it's a perfectly rational reaction. but to them, because they've been encouraged to think of black men as dangerous, they figured everyone else would see that the same way. >> so with a conviction in this hate crimes trial, do you believe that this is an instrument in which to penetrate that thinking that that approach that you just described has become and is a cultural one? >> well, it certainly is important to do in its own right to get justice for ahmad's fa...

Those older gentlemen. but it's not just closure today in the state case, though. there's a federal hate crimes trial that's coming up in just a few weeks on february 7th, 2022. 1,000 perspective jurors have received a 14-page jury questionnaire. as we know, it took two and a half weeks to seat a jury for the state charge, but now we actually have federal hate crimes, as well as attempted kidnapping charges, and that could be an additional sentence of life in prison for these three defendants if they're found guilty. >> so, it would, katie fang, add to whatever happens today? in other words, i...

Prosecutor made sure that the focus was on the facts so that justice could be handed out. and that has taken place in this case, the jury reached their decision in the process is now at an end. but there are other court cases pending. could you explain that to us? absolutely. we have now completed what was happening from a state charge. there was malice murder, felony murder, assault, aggravated assault while imprisonment —— false imprisonment. these were state charges against the defendants. now we are looking towards what will happen in federal trials and federal charges have been raised...

Will they agree? when it comes to hypothetical murder? >> hopefully the murder charge won't go to the supreme court. i thought it was interesting that the president's lawyer tried to dodge the question initially by pushing it forward to say it's -- some day he'll leave office. when the judge pushed him and said what's your answer to the hypothetical, he had to take this absolutely silly position that it doesn't matter what the president's conduct is he can't be charged while in office. if you really want to dive down into it that would be a state charge. the president is head of the federal ex...