to the court and said his testimony ran hollow and untrue. that credibility determination made by another judge is something that's really central. and as you say, credibility's always important for michael cohen or any fact witness and the like. but it's incredibly important for someone like trump. if he decides to take the stand, the prosecutors, it's totally fair game for them to say hey, you know, why should we believe you this time. so i think that's where it will go. the third rationale not offered directly, but i think is going on in the new york ag's mind, and matthew colangelo comes from that office, they want to remind the judge that this is a guy who'd already violated a gag in order another case and faced severe sanctions. that takes on additional salience because donald trump has been repeatedly and grotesquely violaing the gag order this week and will be the subject tuesday in this case. >> neil, does he or doesn't he