she didn't just ask do we open the floodgates, she said how do we write an opinion that doesn't open the floodgates on political prosecution. here is the answer given by the assistant special counsel james pierce. >> this notion that we're all of a sudden going to see a floodgate, i think again the careful investigations in the clinton era didn't result in any charges. the fact that this investigation does doesn't reflect that we're going to see a sea change of vindictive tit for tat prosecutions in the future. i think this reflectses unprecedented nature of the criminal charges here. >> reporter: so this case is paused as we wait for the appeals court opinion. but trump has a lot of other things going on including showing up in new york at his civil fraud trial tomorrow for the closing arguments. >> thank you for the reporting. pentagon reveals the defense

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