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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...

Questions of immunity in criminal context. i tend to agree with my friend on the other side that in many respects it does reinforce the nature of the fitzgerald outer perimeter standard saying that you don't look at intent or you don't look at purpose, because content is playing a role of the content of communications, and the signature change is the acknowledgment of the looking at a president whether that president is acting in his or her role as office seeker or officeholder. again, to go back to my response to judge childs' question, although it would change the nature of whether or may ch...

Themselves they would create satellite litigation additional reason not to go down this route. >> and looking and thinking about the answer of potentially not looking at motive and intent, when there is a criminal prosecution, that mens re is criminal charge. >> yes, that is the as i understand how fitzgerald outer perimeter might work, it says those types of official acts or conduct and that something from which the president is immune and you don't get to the second question of, well, did that person act then with mens rea and can we prove it under a theory available at trial, because there ...