look at that. but we haven't made a decision one way or the other. >> reporter: but wouldn't it be a difficult argument? given he wasn't being paid by the federal government or have a taxpayer funded job. how is there any stretch of an argument that he was working on behalf of the federal government? >> he certainly wasn't working on behalf of the federal government. and we haven't made a final decision on that. you may wind up being that. you made the counterargument very well. >> will you seek to sever this case? >> i think again, i want to answer your question directly. but i think any decision, especially severance more so perhaps than removal, is going to be made down the road. certainly there's benefits to going to trial apart from codefendants. there may be benefits to going to trial. with codefendants. i'll put it like this. i think the odds we move to