not ours but you're appealing, let -- avoid liability for the freedman administration and let the individual take the fall. isn't that core? >> that sounds very appealing. thank you for suggesting it. >> we want to start all over again. >> that's very good. >> how can you possibly claim qualified immunity in a case. we have a constitution. are you asking us unqualified immunity to forget a number of principles? >> your honor, as you know we've adopted the united states constitution. that isn't to say we fully believe in it. we are adapting it to current conditions but one thing we know for sure is that the executive order for to which officials acted was well known for years. there's no reason to believe they thought it was anything other than lawful. and the higher up in turn can never be prosecuted because they're not capable of committing them. a reasonable officer -- unlawful to put on smith's -- [inaudible] >> your honor, first of all, i would answer in two parts. number one that we have no eyewitness -- testimony but even if it's true everybody is a critic. [laughter] >> how far did th