broken, the question is was what you heard in that conversation smoking gun evidence? a report last fall by the brookings institution concluded the former president's conduct left him at substantial risk of state charges predicated on multiple crimes. we want today get some perspective legally. jeffrey toobin joins us and georgia criminal defense attorney don samuel. >> jeff, the fact that a special grand jury has been given the go-ahead, does that mean that automatically that the da's investigation is serious, that it's more than just this phone call? >> yes, it means it's serious. it doesn't mean there's a case that's going to be brought. it doesn't mean that president trump is guilty of a crime, but it does mean there will be subpoenas issued, testimony will be taken, documents will be collected, and this investigation will be more than the notorious phone call. whether it turns out to be anything legally more than that, we'll see, but this is a real criminal investigation. >> don, you were quoted in the atlanta journal constitution