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First of all, it's a civil case. IE monetary compensation, NOT jail time. In this case, Bernie will not end up in jail regardless of the verdict.
And secondly, in situations like this he chooses his words very carefully, and most of all, deliberately. He's easily the wiliest old ****** I've seen. I highly doubt he's going to trip himself up. Personally I think he's just beginning to make his opponent wonder whether to back down.