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Plea Deal in the Works for Chris Brown?

This is a rush transcript from "On the Record ," March 9, 2009. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: Pop star Rihanna may have taken Chris Brown back, but the rapper's troubles are just beginning. Brown still faces charges after allegedly assaulting Rihanna on February 8. Now, Oprah Winfrey has some advice for the couple.

(BEGIN VIDEO CLIP)

OPRAH WINFREY, TALK SHOW HOST: Chris Brown and Rihanna, if I were your friend, I would call you up and I would say, Give it some time. Get yourself some counseling.

UNIDENTIFIED FEMALE: Both of you!

WINFREY: Take care of yourself.

UNIDENTIFIED FEMALE: Both of you.

WINFREY: Heal yourself first. And also, love doesn't hurt. I've been saying this to women for years. Love doesn't hurt. And if a man hits you once, he will hit you again!

UNIDENTIFIED FEMALE: That's right!

(APPLAUSE)

WINFREY: He will hit you again. I don't care what his (INAUDIBLE), but he will hit you again.

(END VIDEO CLIP)

VAN SUSTEREN: TMZ now reports that Brown wants to cut a deal with prosecutors. Moments ago, TMZ executive producer Harvey Levin went "On the Record."

(BEGIN VIDEOTAPE)

VAN SUSTEREN: Harvey, nice to see you.

HARVEY LEVIN, TMZ.COM: Hi, Greta.

VAN SUSTEREN: Harvey, from reading TMZ.com, I understand that Chris Brown is no longer saying or thinking, I didn't do it, but, How about cutting me a deal? Is that right?

LEVIN: He is, Greta. He will plead either guilty or no context but only to a misdemeanor and only if he gets no jail time.

VAN SUSTEREN: Well, I think just about anybody would plead to anything given that criteria because nobody wants to go to jail, and a misdemeanor is not a serious crime. What's the likelihood, though, that a prosecutor will make that particular offer to him so that it could be a reality?

LEVIN: Well, it seems unlikely to me, given the circumstances, but there are some pros and cons. On his side, he is saying, Look, when you look at the backdrop of all of this -- and this is new information, and we've confirmed this, Greta -- Rihanna actually slapped him first. She saw the text message, got ticked off and slapped him and then hit him a couple of times. So he's saying, I may have been overly aggressive, but that would mitigate and in my favor in terms of this not being a felony but more like a misdemeanor, an overreaction rather than an initial reaction.

Watch Greta's interview

The problem with that, Greta -- well, there are several, but one of them is she told cops he did it to her before and it was escalating violence. So when you have that on top of the fact that his strength was clearly superior and he could have theoretically just walked away from it and didn't, I think it's a tough row to hoe.

VAN SUSTEREN: Well, Harvey, as I assume that you learned in law school, as well as I did, if someone steps on your rose garden, which is wrong, you can't take out a shotgun and just blow them away. Even if she slapped him a little bit, he can't, you know, beat her to a pulp. And those pictures that I saw on TMZ.com look rather -- like he beat her to a pulp, if he did this.

LEVIN: Well, Greta, the picture you saw ain't nothing compared to what it looked like later, once the bruising and swelling settled in. I have not seen them. I know people who have, and they say it is horrific beyond words. So yes, you can't do that.

I guess his position is he's not necessarily justifying it, but he's saying that you have to look at -- you know, that I overreacted, rather than initially reacted. I don't know that that's going to carry much weight, and the DA has had a lot of cases where the woman may have struck first but they've still gone after the guy.

And by the way, Greta, Chris Brown sent an e-mail to Rihanna's assistant on February 17th apologizing for his conduct, saying he was sorry, and as you know, Greta, that could be used as an admission in court.

VAN SUSTEREN: Indeed. And I see that there's also has been issued protective order which allows Rihanna to actually tape the conversations should Chris Brown call her. So -- I mean, things do not look like they're getting any better for Chris Brown. It seems like it's being ratcheted up a little bit.

LEVIN: Well, now let me complicate it for you a little bit, Greta. So we got video of Chris Brown playing basketball yesterday at Tyrese's (ph) house in downtown LA. And then we found out that he took a break from basketball because he spent the whole weekend with Rihanna because he wanted to be with her all weekend and she wanted to be with him. And the way it was put to me, Greta, they are -- and this is a quote -- "very much in love."

VAN SUSTEREN: Well, that's -- what could I say, you know? You've caught me off guard on that one, Harvey, although as a practical matter, we've seen so many of these cases where they ultimately get back together and then the prosecutor is left just holding the bag rather awkwardly. But the prosecutor can still go forward, but might have a reluctant witness. Who knows? Harvey, thank you, and I'll look for the latest on TMZ.com.

LEVIN: OK, Greta. We'll see you.

VAN SUSTEREN: Thank you, Harvey.

(END VIDEOTAPE)


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