>> alan -- >> you can't have an act that's constitutional under articles one and two and at the same time is criminal. you must have a legal act. it would under cut the power of the president questioning why he pardon and why he fire? >> once he did it, you cannot question, just like you cannot question the senator and a judge for their vote in the supreme court. >> their laws are full of examples of acts that are otherwise legal. >> not by the president. >> but made illegal by the intent insider trading being a perfect example. >> but, you have said this that the president, you know has this unfair ability to act. what's the authority for that? unitary theory, that's controversy that not everybody agrees with. >> the act is trading, having