Former special prosecutors Mark Pomerantz and Carey Dunne should have known better than to have invoked the principle that "no man is above the law…and this warrants a prosecution [be brought] even if conviction is not certain."

They invoked the Rule of Law, but both were terribly wrong. In Federalist #78 James Madison made it clear that the Constitution must be treated as a limit on the power of those acting under the Constitution, be it the legislative, judicial or executive branch.