court, perhaps wrongly, would support criminal prosecution which requires under united states versus lanier the right has been made specific so there is notice to the president. i don't think that would have been satisfied. >> we could go through other historical examples. i won't do that. let me touch on a couple of other things. one is the relevance of advice of counsel. i wasn't clear what your answer is. so if the president gets advice from the attorney general that something is lawful, is that an absolute defense? >> yes. i think that it is under the principle of entrapment bys stop el. we refer to that in our reply brief. this term at page 19 where we cited authority of this court that if an authorized government representative tells you that what you are about to do is lawful, it would be a root violation of due process to prosecute you for that. >> won't that give presidents an incentive to be sure to pick an attorney general who will reliably tell the president that it is lawful to do whatever the president wants to do if there is any possibly conceivable argument in favor of it. >

on a personal note, i used to sleep overnight at my best friend rich lanier's house on sutter street so we could get up early and hit the street fair early. i won't explain what we did at the street fair at the time, it might have been unauthorized, but we enjoyed ourselves immensely, and i can't believe it's 50 years now, so please, consider it for inclusion. thank you. last call for public comment. seeing none. public comment on item four a is closed and it is now before you commissioners. commissioner foley, thank you to all those who spoke. so i was at the cherry blossom festival both saturday and sunday spending money and drinking some world beer. so thank you. and full disclosure and i've been to the other fair multiple times, and i'm really happy you're here and we'll get this thing done. thank you. commissioner. right. so i want to thank the applicants and also, city staff for, for this application. it's just really clear to me how, significant that this is to the community and to the culture of san francisco. so thank you very much. any other comments, commissioners? motion

on a personal note, i used to sleep overnight at my best friend rich lanier's house on sutter street so we could get up early and hit the street fair early. i won't explain what we did at the street fair at the time, it might have been unauthorized, but we enjoyed ourselves immensely, and i can't believe it's 50 years now, so please, consider it for inclusion. thank you. last call for public comment. seeing none. public comment on item four a is closed and it is now before you commissioners. commissioner foley, thank you to all those who spoke. so i was at the cherry blossom festival both saturday and sunday spending money and drinking some world beer. so thank you. and full disclosure and i've been to the other fair multiple times, and i'm really happy you're here and we'll get this thing done. thank you. commissioner. right. so i want to thank the applicants and also, city staff for, for this application. it's just really clear to me how, significant that this is to the community and to the culture of san francisco. so thank you very much. any other comments, commissioners? motion

lanier that it had been made specific there is notice to the president. >> wcod go through other historical examples, i won't do that. let me touch briefly on a couple of other things. the relevance of advice of counsel and i s't clear what your answer is. if the psint gets advice from the attorney general that something is lawful, is that an absolute defense? >> yes, i think that it is under the principle of entrapment. this is a due process doctrine that we referred our brief. we cited authority of this court that if an authorized government representative tells youha what you are about to do is lawful, it we a root violation of due process to prosecute you for that. >> won't thativpresidents incentive to be sure to pick an attorney general who will reliably tell e esident that it is lawful to do whatever the presidenwas to do if there is any possibly conceivable argument in favor of it? >> i think the constitutional cture protects against that risk. the president nominates the attorney general and the senate provides advice nsent. these are the structural checks that have operated for 20