long road ahead here. dave, elise jordan here, so if you were someone who stormed the capitol, one of many people, and you are about to go and get sentenced or be tried, do you want to be in front of a jury or do you want a judge sentencing you? what do you think the recent result says for defendants who are going to face their moment? reporter: elise, if i were one of the defendants i probably would want to roll the dice with a judge because so far the department of justice is three for three on jury trials. these defenses have not worked. yesterday that defense was a reach. i mean civilians don t take orders from the president and trump wasn t in this unemployed exterminators chain of command. even if he was, you know, people follow orders to commit crimes can still be prosecuted for their crimes. i think the best defense may be, hey, the police waived me in. the one time it worked was in front of a judge, not a jury,