 this case will not go before the election it will not be tried before the election and here's why supreme court has just said there is such thing as criminal immunity the test as we anticipated essentially official acts versus unofficial acts we're sending it back to the district court and and this is an important detail the court says several times whatever the district court finds can be appealed before trial jack smith had made an argument of well maybe the district judge the trial judge can work it out and send it to the jury