i talked to people who were served subpoenas by the fbi and they are invited -- in fact requested to appear at a grand jury in springfield, illinois. first confirmation that the fbi is looking into this case. >> okay. jeff toobin i would love your reaction to all of the above but also my question would be when we talk about his flights and this office et cetera who is writing the checks and checking the books? is it staff in? ultimately the buck stops with him. >> that's an important question. the issue with a criminal investigation is criminal intent. if he made a mistake, if staff made a mistake, he still has to give back the money that he got improperly but it's not criminal. if they can show that he knew he was seeking out reimbursements for trips he didn't take or for excessive mileage, that's what makes it criminal. if you make a mistake, you still have to give back the money but