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This is exactly it in the video, anything can be construed as "official duties" if it's on work time, it's a matter of opinion and if the person being accused ALSO holds the cards for saying what facts come out about all the who/what/where/why/how of a situation, that's even more dangerous.
Hehe runs his own business, I'm sure he's gone out for lunch with friends on numerous occasions and then said "Hold on guys, 'Commercial Real Estate' okay there we go, we talked about business, I got this one it's a write-off for me now anyway"
They basically just gave that exact same power to the President.
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