is this prosecutorial, is this an exercise of prosecutorial discretion or an end run around the laws? >> my question, i think that's totally valid. my point there was in a political context, i tend to think your average undecided voter does not follow every jot of how these things work. it is a legitimate point. marco rubio mentioned this is an end run around congress. can mitt romney seize on this? because they are in a little bit of a box on the politics of immigration. can they broaden it out to say this is about a president doing things by executive fiat and there are three branches of government for a reason? >> i think they will be in a process plate for 24 to 48 hours until they figure out what policy they would offer as an alternative, if they are going to have an alternative and the process argument is a safe harbor. i agree with you on independence, that is not something they will get into. some swing states, republican voters who disagree with this policy might start branding it amnesty by fiat. that will not be helpful.