ann caldwell, -- professor melissa murray, of nyu law school. she was a law clerk for sonia sotomayor, before her nomination to the supreme court. justin wolfers, professor of economics at the university of michigan. alyssa, i want to start with, you help us understand this confusion. from our own nbc reporting, donald trump himself is not under criminal investigation, his actions leading up to january 6th are. can you explain a, difference what we need to know? >> i think they're trying to do right now is determine what exactly the kind of charges can be brought if any against the president, and that really depends on the nature of his conduct on that day, and whether his conduct and a state of mind during the period leading up to january 6th could lead and support criminal charges. there's a lot of different charges that could be brought, and all of it turns on his mental state. he's not necessarily under investigation, but all the elements around him and indeed his own conduct at the time are important to sort of drill, down and make sure that there is enough evidence to make sure all the potential elements of the crime that might be charged, if and when the department of justice m