 We say the framers assume the risk of under-enforcement by adopting these very structural checks. As Justice Scalia said in Morrison against Olson, the separation of powers prevents us from righting every wrong, but it does so that we do not lose liberty. Okay, and the special counsel makes a point that I think is a pretty compelling one. You admit that if the president were successfully impeached, that he could be criminally prosecuted after impeachment, right?