first that inspect section seventy one cases of which this is one governments were required to prove that the defendant willfully made a threat against the president and wolf and this is determined by asking whether a reasonable person in the defense position which i'll discuss further later in my argument my third and final point would be that under the same rule the trial court also erred in excluding all of mr reynolds his rebuttal rebuttal evidence that is witness testimony from the intended recipients of these letters that they would not have considered them to be serious threats and that they would have properly interpreted and interpreted them to be expressions of protest and also documentary evidence in the form of secret took the letter seriously it's you know had the same effect of saying that she considered them to be a serious threat in other words she did not see that the letters were a letter expression of protest and in fact she had judge about their past experience with him that's true they were allowed to testify about their past experience with him but i believe the question that was not permitted which as you as you articulated was if you had received a letter is would you have to convince seriously statute it's not in the jury instructions the closest that anyone caught in any of the cases come to that is reaction of say the listeners for example which is completely different from reaction of the intended but not jones and captain hines testimony was not relevant and he says that's inconsistent officer rock actually received this letter she actually read the letter in the context in which it was written had a reaction to it judge jones intitled some type of as defendant was entitle to a rebuttal case the fact of the matter he tried to reopen his case to submit documents that the judge had already pretrial declined to submit the judge gave about a one page single that has no basis whatsoever judge jones was the judge in this bagley was the d a who prosecuted mr randall men for substantially similar letters before this and it is in the record that judge jones declined to give mr rundle men the minimum term he could have given him in fact he indiana points out that the context of the statements is important including the surrounding events and the reaction of listeners that's right on the hand on the government's and that's exactly right the contents of the statements and the reaction of the listener in this returned to him for him to do whatever he would have done with them at that point the letter to judge jones was not my confidential as i understand it that's correct charge is not ok but with respect to addressed to the president but the letters that went for example to ms bagley and judge jones who had been involved in a prior prosecution of mr random in the notion that they just would have ignored these letters for thrown and thrown them out think there's no basis for that i think it's unrealistic but low in the district court mr rahman argued in response to the inevitable discovery argument that we had before trial he said well they should have been returned and then i could have reflected on my decision of whether or not to really mail these now his argument is different in that it's the net even if they would have been mailed out doesn't seem to call into question that they would have gone out eventually under some procedure but we can't show that they would have gotten to government officials and i think that's wrong the standard is only by we only have to show by preponderance that it would have gotten to the government in some sense at least three letters were addressed to the to threat and i believe in hand that there is language and i specifically held that because to defend in that case not was not communicating to the law enforcement officers their reactions had little bearing on the question of true intent simply it's it defies logic to say that somebody who randomly picks up the defendant's letter can can can say that that that the letter is a true threat and that the defendant should have known i was going to pick up the ladder and it's