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Really good options, lay the all out. the defense is entitled, t make motions, and you neve know what a judge is going t do, that's the reason why yo lay out your strongest ones. and here, there are just too many options that i'm sure whe the defense looked at this they were actually thinkin this is more than we sort of bargained for. >> catherine, let me just as you to expand on what andrew has said there especially his point about how you don't necessarily have t charge the crime that brough this up to a felony, you jus have to show that there was an intent to commit that crime, whether or n...

Intend to lie. the fact that sometimes thos laws don't reach the governing tax authority may not bail him out or be all that sympathetic a sounding argument to a new york jury. >> right, in this case, th intent to essentially make false representations to tax authorities was apparently annotated and a handwritte notation by the trum organization cfo, written on a bank statement that they have. >> well, and - >> and you taking notes in a criminal conspiracy? sorry. >> that's how we do it in trum world. two things, one thing andrew weissmann said in the earlie our, which is we may not wan to sug...

Election law, it's a crime t conspire to promote a candidac by unlawful means. he described additional fals business records, charges, not the one that we're charges against trump today, but additional false busines records that were allegedl carried out by the company tha owns the national enquirer he also described federa election law caps on contributions. again, those are not charged today, but he cited thos crimes has been essentially th aggravating factor that made the charges against trump toda into felonies. how does that work, if those crimes he described today we are not actually the...

Him up, gave him lots more money back, not just the 130,000 dollar reimbursement if they wanted him to net ou $130,000 after this was put on his income taxes as income but do they actually have to prove he did book that way wit tax authorities, that he did actually climate as income falsely, on his tax returns in order to get their, or do they just have to show that that wa the rationale for why they structured the payment they wa they did, whether or not h eventually submitted false pay for it to the tax authorities? >> andrew wrote on this, so i' going to let him take the lead >> so, the ans...

And then the intent to commi or conceal another crime so a, as andrew said, it doesn't say that you intend to defraud and you committed in other crime. so, as andrew was right, the new york state election law, the federal campaign law that's, if that was all it was based on, then it really makes it a really difficult case but the tax fraud and the am false statements, that makes it, i'm not going to say a roc solid case, but you ca understand why this case was presented and why the da's office believes they have proo beyond a reasonable doubt. and if the jury can believe, okay, forget the new ...