we have invited this court and judge serica to do just that. the special prosecutor has opposed in each instance this or any other court looking behind that to see whether, in fact, the evidence can be made, as he now states a position, to support a charge of criminality. before the argument, the argument was that because it was a find organiing or a vote, it prima facia. now it's somewhat different. but in any event, an action by a grand jury purporting to assess criminality to a president of the united states is a clear intrusion upon the legislative function and power with respect to impeachment. as i said earlier, the president is not above the law, nor does he contend that he is, but he does contend that as president, the law can be applied to him in only one way, and that's by impeachment, not by naming as a co-conspirator in the grand jury indictment, not by indictment or any other way, and, therefore, in this case, i urge that this court take such action as is appropriate and overrule judge serica's decision and order this case be dismi