i want to read something to you, judge lamberth for u.s. district court for the district of columbia, found the company that was raising the challenge, i'm quoting here, was subject top regulation only by individuals. with legal authority to act. then goes on to say, because the director was not properly appointed, he has no power -- he has no power or right to exercise the director's appointment powers than this court does. and then says olympic has the ability to seek an injunction to restrain to stop the director. so not only do we have this constitutional issue, which i think is fundamental to our power of advice and consent under the constitution, but if you are successfully challenged, would you agree with me your actions are invalid during the time are you in this position? >> senator, i don't know that i believe that's clear-cut one way or another. it's also not clear-cut, by any means, this is not a valid appointment. i believe it is. i've read the justice department's opinion, which i thought was persuasive. in any event, do i tak