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doctrine of immunity in the first instance and that would be a natural thing for the court to do. >> in the specific -- >> yes, if the court holds presidential immunity, then it should be remanded to the district court and then go through the indictment and find factual findings to decide how it applies to the findings, and the court has the authority to do that. if there are no more questions? >> i have one more, and if there are the framework of nixon versus fitzgerald, we are to conduct a balancing act of the asserted immunity versus other public interests, and i see you as trying to represent a need for the executive to have this immunity to facility executive functions, the ability to act without hesitation, to be fearless, to make decisionmaking, to make