 where Solicitor General Bork, in 1973, as to the issue of the vice president, reviewed the historical materials, and he said, the sequence is mandatory only as to the president. That is DOJ's view of the original understanding of the impeachment judgment clause, which is exactly our position. The sequence is mandatory only as to the president. Keep in mind that the criminal prosecution of a president prior to impeachment contradicts, in our view, the plain language of the Constitution, but also hundreds of years of history, and what DOJ admits is correct.