Isn't the issue really about whether these laws are applicable to the president in the first place? Rogan assumes that they are, but I think that it the very thing at issue. I suspect that the whole matter will be determined by how it is that classification came about in the first place, as an Executive function and necessity, one which is essential to a president's ability to carry out his constitutional duty. There will be a big separation of powers issue involved and the president — whoever the president might be — should win in the Supreme Court. There is a limit to laws that Congress can pass with respect to the presidency, and laws which impinge on his ability to perform his own constitutional duties, or laws which attempt to give powers to Congress that belong to the presidency, would be examples. There will no doubt also be previous precedents to take into account. At any rate we'll see as this plays out. It will certainly be a fascinating case before the Supreme Court, if it ever gets there.