Law enforcement officials are discussing a possible criminal charge against Rep. Michael Grimm, after his confrontation with a reporter Tuesday night.

Grimm was caught on camera threatening to throw a reporter over a balcony and break him "in half" -- after the reporter asked him about a campaign finance investigation. Grimm has since apologized to NY1's Michael Scotto, and Scotto tweeted Wednesday that he "accepted his apology." 

But a congressional source told Fox News that it doesn't necessarily matter whether Scotto wants to press charges. 

It is unclear what officials will decide. But the U.S. Attorney's Office for the District of the Columbia is conferring on the matter with law enforcement, a discussion fueled in part by the fact this occurred on federal property. The D.C. statute in question pertains to "threatening to do bodily harm." 

A source familiar with the issue said Grimm's stature as a lawmaker does not exempt him. 

The U.S. Attorney's Office would not confirm the conversations and had no comment as of Thursday morning.