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The kind of statute that's not used for lobbyist. this is the kind of statute that's used for spies. and so, it is punishable by up to ten years in prison but that's not the only count. there is also a conspiracy count with a five-year penalty. there is obstruction of justice and lying to the fbi for a total of seven counts. i did the math and i think the total statutory maximum is 55 years. now, most people don't serve the statutory max. sentencing guidelines are reviewed to see that but there is a substantial potential prison penalty here. and so, what happens, in those scenarios, is a lawye...

That statutory max. >> there's been a lot of focus on the judge, the senior judge there in virginia. what more can you tell us about the way he's approached cases like these in the past. >> in this particular case it could be said that he gave the prosecution a hard time, but i have to tell you as a defense attorney and this is my bias take on it, most of the time our complaint is the judges are essentially prosecutors in robes. now that's not really a fair indictment and really it's just something that defense attorneys say when we get frustrated. but, yes, you could argue that in this case t...

Almost all defendant 69 years of age or older get sentences across the board of five years or less. so, even though this was dramatically below the sentencing guidelines, the sentencing guidelines don't represent any statistical data they just represent guidelines. defendants who are similarly situated get sentences below the guidelines. >> you consider the factor here we have no apologies. no statement of remorse here. he's sitting there with gray hair in a wheelchair looking ahead for next week in d.c. do you think you'll get that same sympathy from that judge? >> i don't. here's why. this i...

Earlier. the russians are deliberate and they are skilled and patience. they are not perfect. so from time to time and as barbara said, often we know more than we make public. there are a lot of ways for the intelligence community and the fbi to address the russian intelligence threat. it is not only through indictment and so i don't want those to think that what we see publicly is the only stuff we are doing. there are spies among us and there are really good men and women and our intelligence community and our law enforcement community addressing us everyday and occasionally in public filing...

Though. >> they could. in theory, he has ten years of exposure. but in reality, sentences are determined not by the statutory max, but by the sentencing guidelines. so what prosecutors routinely do is have someone plead to enough counts with enough statutory time that if everything goes bad and they don't cooperate and they lie and they mislead, you can still give them a large, or recommend a large sentence at the end. but if they cooperate and with no criminal history, they have a relatively small sentencing guideline exposure. that's all you need. that's all you need here. >> the carrot and ...