 under statutes for abuse of discretion, which is a very extraordinary thing to do. I think even going back to Marbury, this is perhaps a point on which I agree with my friend. Marbury says discretionary acts of the president are not the kind of thing that the court reviews. Could I go back to your brief and going back to what some of my colleagues have asked you? Justice Sotomayor questioning Justice Department Counselor Michael Treban.