Transcript of Media Availability with Attorney General Alberto R. Gonzales on the Nomination of Samuel Alito

15 January 2006

The following is a transcript of Media Availability with Attorney General Alberto R. Gonzales on the nomination of Samuel Alito:

MR. GONZALES: Good afternoon. Well, we've had several days of, I think, good questioning at the Senate Judiciary Committee regarding Judge Alito's confirmation and nomination to the Supreme Court by the President of the United States.

Here is an individual who has amassed quite an extensive record as a judge and 15 years experience as a circuit court judge. He's now answered over 700 questions before the Senate Judiciary Committee.

He will be asked to respond to written questions and he will provide written answers as quickly as possible and so, at the end of the day, I think there will be an ample amount of information about the qualifications of this individual to serve on the Supreme Court. He unanimously rated well-qualified by the American Bar Association.

Here is someone who has demonstrated that he understands the law. He has committed to follow the law. He's demonstrated, in his hearings, a mastery of Constitutional principles. And for all these reasons, we believe that he's worthy of a confirmation vote in an expeditious manner and we believe that he should be confirmed, that he is qualified and should be confirmed by the United States Senate to serve on the United States Supreme Court.

And with that, I'm happy to take any questions you might have.

QUESTION: This morning, Senator Feinstein asked one of the panels of witnesses which Supreme Court justice they thought Alito would most resemble if confirmed. I wonder how you would answer that question?

MR. GONZALES: Well, that's really a question for Judge Alito to respond to. You know, we don't look at -- the President doesn't look at a prospective nominee and compare that person, whether it's a man or a woman, against another sitting justice or another judge. We simply evaluate the person on an individual basis and make a recommendation to the President. The President makes his own individual determination as to what kind of job that person would do as a member of the Supreme Court.

QUESTION: You have announced that you will go up to the Hill and testify when they hold hearings on the NSA program. I know you testified as to the legalities. Can you tell us now, though, what your exact involvement was in promulgating the policy? Did you write or issue any memo, any opinion, any report?

MR. GONZALES: Well, when I was -- in connection with my confirmation hearings and subsequent discussions and speeches, what I have said is that I think one of my responsibilities as Attorney General is to explain some of what the Administration is doing and the reasons for -- the rationale for what the Administration is doing.

The President has announced the -- has confirmed the existence of a highly classified program. Many parts of the program still remain classified. I've had conversations with Chairman Specter. There is an agreement that I would come testify before the Senate Judiciary Committee. He himself suggested that it be related only to legal authorities, that it would not relate to any of the operational aspects of the program.

Because as the President indicated yesterday, the absolute worst thing that we could do is to talk about the operational aspects of a highly classified program that has been very successful in protecting America and divulge all that information to the enemy.

And so, what I'm going to do is come before the Senate Judiciary Committee and talk about the legal authorities in connection with this program.

QUESTION: Did you, yourself promulgate any of those legal authorities? Did you write a document or --

MR. GONZALES: There have been a number of lawyers throughout the Administration that have been involved in carefully evaluating the legal authorities in relation to this program. And so, over a period of many months, many years, a number of lawyers have been involved in providing legal advice as to the legal authorities in relation to this program.

QUESTION: Sir, Senator Specter said today he doesn't believe that you support the resolution authorizing that program. What's your answer to that?

MR. GONZALES: We're engaged in a discussion with the Congress about that. I presume that's one of the reasons why the Senate would like me to come before the Senate Judiciary Committee and more fully explain our discussions, our reasoning regarding the legal authorities that exist for this program.

I respectfully disagree with the Chairman. We believe the authority -- the legal authorities are there and that the President acted consistent with his legal authorities and in a matter that he felt was necessary and appropriate to protect this country against this new kind of threat.

QUESTION: Are you prepared to see reporters go to jail who cooperate?

MR. GONZALES: Cooperate in connection with what?

QUESTION: In connection with the NSA --

MR. GONZALES: That's a matter that's being handled by our career prosecutors and folks within our criminal division and I think it's too early to make decisions regarding whether or not reporters should go to jail. We have an obligation to ensure that our laws are enforced. There's been a serious disclosure of classified information that's occurred in connection with this case and obviously, we're going to look at it very, very seriously.

QUESTION: Judge, back to Alito just for a second. The Democrats said today they're probably going to hold the vote a week and you had mentioned that he should be confirmed expeditiously. I was wondering what you thought of that. Is this a political move on their part?

MR. GONZALES: We continue to hope that the Senate remains on the schedule that was previously outlined and that he would receive a floor vote by January 20th. There's no mystery here about Judge Alito.

His record has been out there for a long time. People have known that this is the nominee. We've now gone through an extensive hearing process. He will be providing additional information through his written answers to written questions. We believe the information is out there regarding his qualifications and certainly, a sufficient amount of information is out there for the Senate to make an informed judgment as to whether or not this individual should serve on the Supreme Court of the United States.

Thank you very much.

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