clerk and a frequent witness of congress on a host of subjects and "wall street journal" reporter del wilburdel is the author of two great books "rawhide down" and "a good night for murder." john eastman, you need a statute which has elements and facts for that. two big facts for that, espionage and catch all-18 usc 1001. what do you need to prove espionage or false statement? >> false statement has to be something material in an investigation or some criminal conduct underlying it. that's the problem with both of these statutes. we don't have any of the criminal conduct underlying it. you can see people scrounging around to find something. my favorite is he violated campaign finance laws for being willing to accept a donation. something of value, opposition research is not a donation. if it were, every single political campaign in this country has been violating the election laws since they were written because everybody receives opposition research from all sorts of sources. they're never reported as donationtion on the campaign finance returns. this is an unbelievably idiotic claim. >> yo