liberal scholars who have said that most -- that most liberal scholars hold the view, for example, that presidents should not be -- may not be indicted while they are sitting, judge kavanaugh doesn't necessarily hold the view but it's odd that democrats are criticizing him for supposed view that's entirely mainstream. arthel: he did -- i don't want to stick on this, but judge kavanaugh did write in his -- in the minnesota law review that a sitting president should not be subjected to any sort of trial or subpoena -- >> as part of a policy -- as part of policy proposal for congress to adopt. obviously the very fact that he was offering that as a policy proposal which seems to suggest that he doesn't think the constitution requires it. arthel: okay, understood, we will move on because i want to talk about your former boss and as you all know the senate confirmed justice antonin scalia