recognize some novel criminal immunity and i want to start with jurisdiction as judge childs raised. it is our view that the court has and should entertain both claims before it. with respect to the immunity claim, i think that this court's decision in cisnernos ten years after midland asphalt did allude to a type of separation of powers claim that involved presidential immunity and judge henderson pointed out that the supreme court, itself, has acknowledged the idea of explicit guarantee is more of the suggestion than some statutory prescription -- >> but there are no cases since then that have used the word suggestion to follow up on that line of thinking. >> within the supreme court, i don't believe there have been cases, but certainly, this court in cisnernos and in cases posting midland versus asphalt, and rose versus doskowski and