so it does matter. >> andre birotte is the u.s. attorney in los angeles, but the u.s.orney -- who said he's not pursuing this. >> that would be about a year ago. >> right. and the u.s. attorney in san francisco is the one who may be looking at it now. but again, remember also, we're talking about criminal liability here. he has a world of civil problems. he's going to be sued for $12 million for the insurance company that paid him the bonus for winning the tour de france. he's got that federal whistleblower suit that could be tens of millions in liability. so those civil cases are coming. there's no doubt about that. >> do you think if there is this federal case, could he go to jail? >> if he's convicted, absolutely. but he hasn't been charged, so he's a long way from being convicted. but if he is convicted no, question he could go to prison. >> jeff toobin, thank you. betsy andrue, thank you very much. good to have you on again. athletes like lance armstrong may make headlines for using performance enhancing drugs. but now a growing number of baby boomers and older pe