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A prosecutors withholding evidence? >> it is unusual and a prosecutors worst nightmare. go back to 2008. the ted stevens case in alaska. senator, ted stevens, the doj was chastised for prosecutorial misconduct, withholding stephen said. it's here that would help the defense under the case. so it is unusual.and it is so ironic if you think about it. because the defense side of the case is agency misconduct. in the standoff. then you end up with government lawyer misconduct in the courtroom. it is quite amazing. >> steven mulroy, help us understand why this about the cyprus position and surveill...

Agencies don't deal with federal prosecutors is often as dea and fbi.so if the agency didn't turn over think it will be different in front of the court as opposed to the government lawyers got it and they did not turn it over to the judge however, has already ruled that it was woelfel. and find that the government did have it. but at the january 8 hearing, we will flush that out a lot more. >> stephen, do you think the attorney general, jeff sessions investigation will help us better understand who it was i did not turn over the evidence and you think this case will get a second trial? >> righ...