when you map thao the -- presidential context you come up with some t frightening something is plausibly official, even if it involves assassinating prominent critic or business rival, that would seem to then be exempt, potentially, from criminal prosecution. wen't concede that if that's the world we need to live in. k we would advance plenty of arguments below. but for those arguments themselves would create additional reason not to go down the route. judge childs: thinking about your answer abou potentially not looking atotive and intefpbt, here is a criminal prosecution, that mens ray and intent is part of the statute charge. mr. pearce: precisely. that's why it wouldn't make sense to come in and use thi non-- as i understand how fitzgerald outer perimeter standard would work, it can those types of official acts, official conduct, in a is something from which the 3rezs immune -- presis immune. you don't get to that second question of, well, did that person act with mens rea? at leaer a theory where it's not available at trial, then there is no way to reach that conduct. judge childs: