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that judge pan set out, but with respect to the immunity and given the language in rose it would supply the basis for the court to apply the immunity claim. >> why aren't you taking position that we should dismiss this appeal because of the interlocutory, because it should advance your interests? >> our interests are twofold as in the united states versus nixon, it is doing justice and in the second, it is indeed to move promptly to satisfy and vindicate the public and defendant's resolution of the trial, but doing justice means to get the law right, and it is our view that even if a dismissal on the jurisdiction might move this case faster and empirically, it is hard to know, but it is not the right analysis on immunity or the second claim. >> we have a line of cases including cramer versus gates and american hospital association versus azar, and it says that we can assume