my friend mr. rifka keeps saying that the president is second-guessing the senate's that it is, quote, not in recess. >> not second-guessing, overturning. >> i don't know where you find this quote, senate determination that they're, quote, not in recess. they are in recess. that recess is interrupted every third day by a session. during that session, they can enact business and during that session, you know, as shown by the fact they did it, they're not in recess at that moment. but other times they are in recess. so the question is, is the process of -- are they practically unavailable to engage in their advice, not unwilling but practically unavailable? >> constitution ali meaningful recess. >> hey. >> gentlemen, i'm going to have to interrupt because we do want to get to the audience. and there's at least -- at least there's one other former assistant attorney general in terms of office of legal counsel here who might be able to add something in addition to what we've been able to talk about. so, char