let the, you know, avoid liability for the freeman administration and let the individuals take the fall. isn't that core? >> that soundses very appealing. thank you for suggesting it. [laughter] >> rewind and start all over again. >> that's very good, yes. [laughter] >> but how could, how can you possibly claim qualified immunity for the individual defendants in the case like this? be i mean, we do have a constitution. it's stipulated, it's still this force. are you asking us on qualified immunity to forget about the nuremberg principle? >> your honor, as you know we've adopted the united states constitution. that isn't to say we fully believe in it. [laughter] we're adapting it to current conditions. but one thing we know for sure is that the executive order pursuant to which these officials acted was well known for years. there's no reason to believe they thought it was anything other than lawful. there's no reason for us to hold those lore on the totem pole responsible for the records or -- errors or the misdeeds of the higher ups. and the higher up, in turn, would never be prosecute

it seems like the legitimacy of freeman's administration depends on the people believing that by winning the election they won back some of their civil liberties. i've been confused by you saying o'brien is your client. i see you representing the state not the individual defendant and i think you're missing an opportunity here. so you could have the illusion of the rule of law and do whatever you want if you just pin it on the individual defendants. like wire you even here with this qualified the appeal? oceana said it's all their fault, not ours, but your here appealing, avoid liability for the freeman administration, and let the individuals take the fall. >> that sounds very appealing, thank you for suggesting it. >> rewind and start all over again. >> how can you possibly claim solid five immunity for individual defendants in the case-by-case so we do have a constitution are you asking us on qualified immunity to forget about a number of principles? >> your honor, as you know we have adopted the united states constitution. that is not to say we firmly believe in it. were adapting it t