i've been consistent the whole way. but to be completely clear
a) i do not have any reason to believe that hannity's statements on TV were a crime or revealed any underlying crime. however, i'm not a criminal law expert and maybe there's some code he violated that i'm not aware of. i personally dont think so based on what i do know
b) IF(!) there in fact was some criminal element to what he said or what he discussed, then the prosecution can try to have him indicted. based on the jurisdiction, that would either be via a grand jury or a preliminary hearing. the prosecution only needs to show that probable cause exists that a crime was committed to advance past this stage, at which point a trial will be set. in a preliminary hearing, there is a judge present. both attorneys are present. and the judge ultimately makes the call if there is probable cause. in a grand jury proceeding, there is no judge present, and the defense cant even ask questions. if the grand jury decides there is probable cause, the matter is set for trial. based on the cir stances, its possible that his out of court statements alone would be sufficient to establish probable cause. there is no basis to say "no, his words werent under oath, so he cant get in trouble for them"
c) and this was my main point... the mere fact that hannity's statements weren't under oath don't matter whatsoever. there is no inherent need for additional, corroborating evidence. there is no need to have him under oath for his words to count against him in a court of law. again, this all is under the assumption that his statements were criminal or revealed something criminal which would land him in court (an assumption that i do not hold). but you cant just say "nuh uh, doesnt count, wasn't under oath." that's not how it works. at all. and even if he rebuts himself under oath and testifies that "i was just bull ting" the jury isn't forced to disregard his previous comments. they can weigh the credibility of his in-court statements vs his out-of-court statements and decide what they wish.