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is if i step aside. >> reporter: the albany d.a. is now the fourth prosecutor to decide not to pursue charges against cuomo. do you think the outcome of this case discourages other alleged sexual assault victims out there? >> i have no doubt that other women will be sexually assaulted and have legitimate claims may just feel it is useless to go forward. >> reporter: cuomo's attorney says she has no comment. as for brittany commisso's attorney, he says that his client will continue to seek justice through civil action. norah. >> o'donnell: jericka duncan, thank you. well, there's breaking news tonight from here in washington. congressional investigators looking into the deadly assault on the u.s. capitol want to talk to fox news host sean hannity about his communications with former president trump and his top advisers on the day of the attack. also today, three more police officers sued the former

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