and they do, no matter what happens here, have to be looking down the barrel at the next federal criminal trial for paul manafort that is due to start in just a few weeks just a few miles away in washington, d.c. the idea they might try not mounting a defense would set them up in d.c. to have to mount a defense. although, they would be coming at it from a place of weakness. i don't envy these guys. >> it is a perfectly reasonable tactic, but there is no lawyer that will tell you that that tactic improves the statistical likelihood of a not guilty verdict. it reduces it rather dramatically. if you look at the cases where there is no defense presented. that makes it much less likely to get to the not guilty. but rachel, we will be covering this. many other things tonight. steve smith is here. we wants to talk about what happened to john brennan today.