at that time, there was nothing specific in that act relative to non-pros agreements. that only came into effect by congress amending that law after the epstein case and there was an olc memo that supported the decision of acosta and remember he relied upon the career prosecutors that we talk about all the time that are so valued in this country. >> so is this the best he could do? that's the question. >> well, what basically jim is saying is that there is a paper trail here and we certainly have seen, you know, the congressional committees go and look at potential misconduct in the fiza process. why not look at what happened here. the issue here is we can go back and trace what happened and a federal judge has found that acosta violated the law and mislead the victims.