there's probably some appetite on the supreme court to extend that to the criminal context but one of the interesting questions, is what donald trump is accused of doing in this case, the january 6th case, is that stuff that was done in his official capacity as president or in his private capacity as presidential candidate? paul: does that supreme court precedent for civil cases apply to criminal charges? that's number one. but then, do -- is what trump is charged with part of his official duties? that question is a more complex one. >> that one might get returned back to lower courts to be dealt with. the first one is the first ordered question for the court here at the moment. what is are markable about this is when the circuit court looked at this they totally blue by that entire question.