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been held criminally liable, and that's in the face at least with the respect of the legislators of an explicit constitutional privilege. >> i don't view the united states versus johnson or ex parte of virginia as discretionary distinction and what johnson says is that it does not say, hey, when you were doing these other things that were ministerial, it is legislative acts, it is drawing between legislative and nonlegislative acts and that is the right reading of ex parte virginia and they go on the say judicial acts and the argument of picking a jury and they don't use the words to my recollection ministerial -- >> that is because they were criminal acts and picking the jury picked on race is a criminal act, and whatever johnson did, and i believe it is the very same statute fraud against the united states that is before us today. >> and i would say that distinction in those cases is in the judicial case johnson led
the -- sorry, the legislative case is johnson is between ledge s slaytive acts and nonlegislative acts and this is judicial and judicial acts and this is presidential and nonpresidential acts and everything in the indictment is nonpresidential acts. your honor, i see that -- >> may i? >> there are a number of precedents or cases that the supreme court has reviewed cases of the president, and the case of youngstown where the supreme court reviewed harry truman's seizure of the steel mills in the korean war and the case of little bahrain where president johnson restricted the vessels, and where there were nationals from certain nationals of