 can show that the prosecution would not damage the president's ability to function, to do his job as the president of the United States. And then the third category is personal misconduct that is not covered under any immunity. This is essentially taking a 40-year-old precedent, the Nixon case, where they had civil immunity and extending it to criminal immunity, which makes sense. If you can't sue a president for his official acts, how the hell can you put him in prison?