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are inherent in marbury versus madison are like delivering a seal when requested, because there is a separate statute, and the secretary of the state had two of the hats on and he was on one hand the direct agent of the president, and that could never be examinable by the courts, but on the other hand, the original statute had imposed all of the purely ministerial duties that had to do with the recordkeeping and delivering of documents and if you had a land deed that had a seal on it, and the person asked for it no, discretion at all, but the take-care clause, there is no statute tha...

And criminally prosecuted. >> but if not, there would be no criminal liability? >> and in madison and our constitution discretion and the impeachment clause all clearly presuppose what the founders were concerned about -- >> i am asking you yes or no question. could a president who ordered seal team six to assassinate a political rival who was not impeached, could he be subject to political prosecution. >> if he were convicted and impeached first. >> the answer is no. >> the answer is qualified yes. >> i mean, we are all at that point, we all in the room kind of sat back for a second, because ...