government while he was an official in the united states government, because he questioned the prosecutor and said, could flynn have been charged in that, and so he focused on that, and that is permissible. the judge is allowed to take in to account of conduct. and so i want to be careful with the way we are perceiving him to be rogue. and so you don't want to chill the cooperation, but the judge is doing his job, and as ben pointed out the focus should be on the judge is saying how serious flynn's conduct was here as as opposed to the president just completely trying to minimize it. >> fair point. mimi rocah, thank you. joining us here is kimberly atkins, the washington bureau chief for the "boston herald" and attorney,kimberly, this is an extraordinary proceeding.