English subtitles for clip: File:2-12-10- White House Press Briefing.webm
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1 00:00:00,329 --> 00:00:04,459 Mr. Gibbs: Let's do a couple -- one announcement and 2 00:00:04,460 --> 00:00:11,260 the week ahead before we get started. President Obama called former President Nelson Mandela 3 00:00:11,259 --> 00:00:17,109 this morning to congratulate him on the 20th anniversary of his release from prison. President 4 00:00:17,109 --> 00:00:20,569 Obama expressed the American people's great admiration for President Mandela, who was 5 00:00:20,570 --> 00:00:30,640 very appreciative of the call. Next, let's do a quick week ahead. On Sunday -- I don't 6 00:00:30,640 --> 00:00:34,500 have anything for tomorrow. On Sunday the President will travel to Camp David. He will 7 00:00:34,500 --> 00:00:36,440 return to the White House on Monday. 8 00:00:36,440 --> 00:00:39,400 The Press: Do you have times for that, roughly? 9 00:00:39,400 --> 00:00:48,300 Mr. Gibbs: I don't, but we will -- let me get that -- are you pool duty? (laughter) 10 00:00:48,300 --> 00:00:50,810 The Press: Are they doing anything for Valentine's Day? 11 00:00:50,810 --> 00:00:56,570 Mr. Gibbs: I will inquire. I assume that will be up there at Camp David. On Tuesday the President 12 00:00:56,570 --> 00:01:01,340 will visit and tour a jobs training center in the capital region. On Wednesday the President 13 00:01:01,340 --> 00:01:08,100 will meet with King Juan Carlos of Spain at the White House. On Thursday the President, 14 00:01:08,100 --> 00:01:12,640 as we talked about yesterday, will meet with the Dalai Lama here. He will then travel to 15 00:01:12,640 --> 00:01:20,990 Denver, Colorado, where he will deliver remarks at an event for Senator Bennet, and then travel 16 00:01:20,990 --> 00:01:26,400 to Las Vegas, Nevada. On Friday the President will hold events with Senator Reid in Las 17 00:01:26,400 --> 00:01:32,170 Vegas, to include discussion with citizens and business leaders about working together 18 00:01:32,170 --> 00:01:39,090 to address the economic challenges facing Nevada and the rest of America. The President 19 00:01:39,090 --> 00:01:47,000 will return that afternoon to Washington, D.C. And I will find out your pool time for Sunday. 20 00:01:47,000 --> 00:01:50,500 The Press: Robert, are those Reid events fundraisers? 21 00:01:50,500 --> 00:01:51,000 Mr. Gibbs: I don't know that -- 22 00:01:51,000 --> 00:01:52,340 The Press: Campaign events? 23 00:01:52,340 --> 00:01:59,340 Mr. Gibbs: I do not believe any of those are fundraisers, but let me double check on that. 24 00:01:57,000 --> 00:02:00,000 The Press: And no events on Monday? 25 00:02:00,000 --> 00:02:03,640 Mr. Gibbs: No. No, he's got nothing on Monday. 26 00:02:03,640 --> 00:02:06,350 The Press: Signing the debt limit? 27 00:02:06,350 --> 00:02:09,300 Mr. Gibbs: It could be this weekend, but I don't have 28 00:02:09,300 --> 00:02:10,300 a day yet. 29 00:02:10,300 --> 00:02:12,000 The Press: It will not be today? 30 00:02:12,000 --> 00:02:13,000 Mr. Gibbs: No. Ben. 31 00:02:13,000 --> 00:02:17,590 The Press: Thanks, Robert. I wanted to ask a little bit about the way things are unfolding on the 32 00:02:17,590 --> 00:02:21,710 jobs bill in the Senate. Does the President support what's happened here with Senator 33 00:02:21,709 --> 00:02:27,779 Reid trapping this bipartisan bill and offering up a pared-back Democratic one? What's his 34 00:02:27,780 --> 00:02:28,780 stance on that? 35 00:02:28,780 --> 00:02:36,510 Mr. Gibbs: Well, let's understand, Ben, a couple of different things. One, I don't think there 36 00:02:36,510 --> 00:02:42,150 will be only one piece of legislation that will encompass all of the ideas that members 37 00:02:42,150 --> 00:02:49,150 in the Senate or even the President have for strengthening our economy and creating a better 38 00:02:49,680 --> 00:02:56,070 environment for hiring. I think that will probably take many forms. We've never thought 39 00:02:56,069 --> 00:03:02,029 that it was going to go through in one package. Senator Reid's legislation, I wouldn't 40 00:03:02,030 --> 00:03:10,320 characterize it as a Democratic-only plan, since the hiring tax credit is, as you know, 41 00:03:10,319 --> 00:03:16,769 the Schumer-Hatch -- legislation designed by Senator Schumer and Senator Hatch -- it 42 00:03:16,770 --> 00:03:25,620 has small business expensing, a reauthorization of the highway bill, and an extension of Build 43 00:03:25,620 --> 00:03:35,240 America bonds. Again, I think this is just one of many vehicles that will likely go through 44 00:03:35,239 --> 00:03:42,239 the Senate during this process. I think there are a number of ideas that will garner bipartisan 45 00:03:42,370 --> 00:03:49,370 support that aren't in the initial piece of legislation that Senator Reid will move: 46 00:03:49,440 --> 00:03:55,760 unemployment insurance extensions, COBRA health care extensions for the unemployed, an extension 47 00:03:55,760 --> 00:04:01,790 of the SBA lending program. I think there are a host of things that can and will garner 48 00:04:01,790 --> 00:04:07,400 bipartisan support, both in the vehicle that Senator Reid is moving when the Senate gets 49 00:04:07,400 --> 00:04:11,000 back and will move throughout this process. 50 00:04:11,000 --> 00:04:13,280 The Press: Does the White House support the vehicle as it stands right now? 51 00:04:13,280 --> 00:04:22,240 Mr. Gibbs: Look, I think the jobs tax credit is very 52 00:04:22,240 --> 00:04:30,240 akin to what the President had in mind, and I think infrastructure investment is something 53 00:04:30,240 --> 00:04:37,240 he's talked about, the expensing provisions, all of which the President would be eager to sign. 54 00:04:37,809 --> 00:04:38,059 The Press: And what about this, the way this happened yesterday -- there was a statement released 55 00:04:37,969 --> 00:04:44,969 by you about the President's support of a bipartisan Senate bill, and then by day's 56 00:04:46,490 --> 00:04:50,070 end, it wasn't a bipartisan bill. Were you surprised? 57 00:04:50,069 --> 00:04:54,799 Mr. Gibbs: Well, Ben -- let's be clear, I think that 58 00:04:54,800 --> 00:05:01,620 the legislation that Senator Reid will move when the Senate comes back into town will 59 00:05:01,619 --> 00:05:08,619 garner bipartisan support. I think there are things that Democrats and Republicans alike 60 00:05:09,199 --> 00:05:16,199 agree on need to be in the mix, some of which we just went over, that will also garner bipartisan 61 00:05:18,869 --> 00:05:22,779 support. I don't think there's -- again, I don't think there will just be one vehicle 62 00:05:22,779 --> 00:05:27,949 that moves, and I don't think there was only one chance at getting bipartisanship. 63 00:05:27,949 --> 00:05:34,949 I think there are a series of ideas that all of us agree need to be put forward to stabilize 64 00:05:35,949 --> 00:05:36,859 our economy. 65 00:05:36,860 --> 00:05:39,840 The Press: Just to finish that thought, though, understanding this might garner bipartisan support, the 66 00:05:39,839 --> 00:05:45,569 way this happened yesterday, did the White House see it coming? Did you know that -- 67 00:05:45,569 --> 00:05:49,089 Mr. Gibbs: I don't know the degree to which Senator 68 00:05:49,089 --> 00:05:53,199 Reid, who I see in media reports made his decision before he went to caucus, I don't 69 00:05:53,199 --> 00:05:56,029 know the degree to which he talked to us about that. 70 00:05:56,029 --> 00:05:57,109 The Press: Speaking of bipartisanship, are you encouraged 71 00:05:57,110 --> 00:06:00,520 by what appears to be growing signs of bipartisanship on financial regulation in Congress? Are you 72 00:06:00,520 --> 00:06:07,520 encouraged, one, that that might mean a bill could be finished by this summer? And two, 73 00:06:11,409 --> 00:06:18,359 do you have any sense -- or is the White House willing to compromise at all on what appears 74 00:06:18,360 --> 00:06:22,630 to be the biggest sticking point of the Consumer Financial Protection Agency? 75 00:06:22,629 --> 00:06:27,249 Mr. Gibbs: Well, look, I think there are, Jeff, strong 76 00:06:27,249 --> 00:06:34,249 signals on a number of fronts that working together has its advantages, whether it's 77 00:06:36,110 --> 00:06:40,520 on financial regulatory reform, which obviously the President believes is a big priority this 78 00:06:40,520 --> 00:06:47,520 year. Look, one of the big points that was discussed in the bipartisan meeting on Tuesday 79 00:06:48,399 --> 00:06:55,399 was with Senator McConnell about moving nominees that -- I recounted this story a couple of 80 00:06:56,649 --> 00:07:01,419 times yesterday -- with 63 being held for more than a month, 10 times the number that 81 00:07:01,419 --> 00:07:07,299 had been held for more than a month at this point in President Bush's administration. 82 00:07:07,300 --> 00:07:14,300 And the Senate passed nearly 30 by unanimous consent last night. So I think whether it's 83 00:07:14,629 --> 00:07:21,629 financial regulatory reform, whether it's provisions to help small businesses, whether 84 00:07:22,039 --> 00:07:28,979 it's moving qualified nominees forward, I think we can see certainly this week the 85 00:07:28,979 --> 00:07:35,979 benefits of working together. In terms of the consumer office, I think it -- the President 86 00:07:37,800 --> 00:07:44,800 still believes it is a great priority to have the independent authority to ensure that consumers 87 00:07:50,899 --> 00:07:57,899 in this reform are protected -- protected from the type of loans that we've seen happen 88 00:07:59,619 --> 00:08:06,619 that have led to massive foreclosure; the type of tricks with credit cards that we had 89 00:08:08,449 --> 00:08:14,619 seen in the past that legislation that Congress approved and the President signed is intended 90 00:08:14,619 --> 00:08:21,619 to deal with. So the President continues to be a very strong supporter of that function 91 00:08:21,800 --> 00:08:23,260 of the reform bill that we sent to Congress. 92 00:08:23,259 --> 00:08:27,969 The Press: And does that agency have to be a separate entity? Is that something he would be willing 93 00:08:27,969 --> 00:08:29,429 to compromise on to get this through? 94 00:08:29,429 --> 00:08:34,179 Mr. Gibbs: Look, I don't know what the nature of the different proposals are. Obviously this is 95 00:08:34,180 --> 00:08:41,180 something that would need to have independent authority and I think that is what is important 96 00:08:41,760 --> 00:08:45,640 for -- and that's what consumers want -- important for their protection. 97 00:08:45,640 --> 00:08:48,020 The Press: But does that indicate, Robert, that maybe 98 00:08:48,020 --> 00:08:51,710 there's some wiggle room as long as independent authority is preserved if it's not -- 99 00:08:51,710 --> 00:08:55,570 Mr. Gibbs: Well, look, again, we will -- I think what 100 00:08:55,570 --> 00:09:01,330 the President would greatly resist is the notion that somehow this is -- the protection 101 00:09:01,330 --> 00:09:04,490 of consumers is unattainable in financial reform. 102 00:09:04,490 --> 00:09:07,310 The Press: That's not the question, though. 103 00:09:07,310 --> 00:09:08,300 Mr. Gibbs: No, no, I understand, but what I'm saying 104 00:09:08,300 --> 00:09:15,300 is without knowing what exact vehicle might come in a bipartisan proposal from the Senate, 105 00:09:17,560 --> 00:09:24,560 obviously we would look at this assuming that strong consumer protections and authority 106 00:09:25,310 --> 00:09:29,240 was in that legislation. But I don't want to get ahead of -- I don't want to get ahead 107 00:09:29,240 --> 00:09:32,510 of what that proposal might look like -- what might look like. Jake. 108 00:09:32,510 --> 00:09:35,380 The Press: Last month I asked you if the President had 109 00:09:35,380 --> 00:09:39,250 an opinion on some of the discussions in changing the Senate rules so that the Republicans or 110 00:09:39,250 --> 00:09:42,670 the minority, whomever in the future, wouldn't be able to demand the cloture be invoked, 111 00:09:42,670 --> 00:09:49,100 60 votes, as often; you said you'd check with Leg Affairs. My understanding is that 112 00:09:49,100 --> 00:09:55,060 one of the President's close allies in the Senate, Dick Durbin, is throwing his support 113 00:09:55,060 --> 00:10:01,270 behind the bill that Tom Harkin brought up that would introduce a sliding scale so the 114 00:10:01,270 --> 00:10:07,390 60-vote thing wouldn't be required as often. Have you guys discussed it with Senator Durbin? 115 00:10:07,390 --> 00:10:09,260 Do you have a position on this? 116 00:10:09,260 --> 00:10:12,150 Mr. Gibbs: Let me check again on whether Senator Durbin -- whether we've had conversation with 117 00:10:12,150 --> 00:10:17,960 Senator Durbin. Look, I know there's been great frustration on either side of -- either 118 00:10:17,960 --> 00:10:24,960 on this side or on Capitol Hill about the sheer amount of times in which cloture has 119 00:10:27,060 --> 00:10:34,060 needed to be invoked. We've certainly discussed the frustrations of -- particularly as it 120 00:10:36,090 --> 00:10:41,270 relates to non-controversial legislation or non-controversial nominees. We went through 121 00:10:41,270 --> 00:10:48,270 the -- and you heard the President discuss a GSA director that had been stalled for nine 122 00:10:49,810 --> 00:10:56,600 months, had to seek cloture, cloture wasn't a close vote, and then she was approved 96-0. 123 00:10:56,600 --> 00:11:03,600 I think at that point you realize that this is the -- this is a rule that is being abused. 124 00:11:04,450 --> 00:11:10,350 I will check with -- whether any conversations have been had with Senator Durbin about Senator 125 00:11:10,350 --> 00:11:11,240 Harkin's legislation. 126 00:11:11,240 --> 00:11:15,760 The Press: Okay. And then just to follow up on Ben's question about the bipartisan jobs bill that 127 00:11:15,760 --> 00:11:21,610 Schumer, Hatch, Grassley and Baucus have been working on. The reason that was given, it's 128 00:11:21,610 --> 00:11:25,430 my understanding, by Majority Leader Reid, for scrapping that effort, much to the dismay 129 00:11:25,430 --> 00:11:27,230 of the senators who have been working on it, is that there were protests from some of the 130 00:11:27,230 --> 00:11:33,680 more liberal or progressive members of the Democratic caucus in the Senate. Isn't this 131 00:11:33,680 --> 00:11:40,680 kind of bipartisan move that those four senators, bipartisan senators, had been working on exactly 132 00:11:41,660 --> 00:11:47,030 what the President has been talking about, and isn't Harry Reid's move to scrap it, 133 00:11:47,030 --> 00:11:53,570 regardless of what comes out of the Senate eventually, isn't that contrary to what 134 00:11:53,570 --> 00:11:53,820 the President has been talking about? 135 00:11:53,790 --> 00:11:57,450 Mr. Gibbs: No, no, again, I think what -- again -- 136 00:11:57,450 --> 00:12:01,290 The Press: You guys put your support behind the bipartisan effort. 137 00:12:01,290 --> 00:12:05,220 Mr. Gibbs: And we certainly support working in a bipartisan 138 00:12:05,220 --> 00:12:10,630 way to get these things done. Whether the vehicle goes -- Jake, whether the vehicle 139 00:12:10,630 --> 00:12:17,630 is the four items that Senator Reid has now, whether that includes unemployment and COBRA 140 00:12:18,940 --> 00:12:25,860 extensions now, whether that includes extension for SBA lending, whether it includes tax extenders, 141 00:12:25,860 --> 00:12:31,700 whether it includes disaster relief, those are discussions that they'll have. Again, 142 00:12:31,700 --> 00:12:38,700 I believe that -- I believe that many of these -- many of these will be implemented and 143 00:12:40,840 --> 00:12:44,350 voted on and approved with strong bipartisan majorities. 144 00:12:44,350 --> 00:12:44,880 The Press: Right, but you guys obviously had lent your 145 00:12:44,880 --> 00:12:51,080 support to the bipartisan effort. These four senators have been working hard on this bipartisan 146 00:12:51,080 --> 00:12:58,080 effort. And then Senator Reid, because of apparent concerns from liberal Democrats, 147 00:12:58,800 --> 00:13:05,800 scrapped it. That had to have been disappointing to the President and antithetical to his calls 148 00:13:08,190 --> 00:13:08,440 for bipartisanship. 149 00:13:08,430 --> 00:13:15,430 Mr. Gibbs: Well, what I'm saying is, I don't -- I do not think that -- I do not think that 150 00:13:15,920 --> 00:13:21,980 taking -- first of all, the main part of the piece of legislation that Senator Reid will 151 00:13:21,980 --> 00:13:28,980 have the Senate vote on is the Schumer-Hatch jobs tax credit. So I think there -- what 152 00:13:31,860 --> 00:13:38,670 legislative vehicle many of these bipartisan ideas -- whatever -- it moves on, I think, 153 00:13:38,670 --> 00:13:45,670 is in some ways not quite as important as demonstrating that we can work together. Putting 154 00:13:45,940 --> 00:13:52,070 as the centerpiece of a bill that's going to move when the Senate comes back from recess 155 00:13:52,070 --> 00:13:59,070 a bipartisan jobs tax credit I think sends the appropriate message to small businesses 156 00:14:01,740 --> 00:14:07,980 around the country that Washington can work together to create an environment that incentivizes 157 00:14:07,980 --> 00:14:12,690 the additional hiring of workers at small businesses. I think that's what the President 158 00:14:12,690 --> 00:14:14,970 has talked about. 159 00:14:14,970 --> 00:14:18,520 The Press: But to paraphrase the President, bipartisanship can't just be adopting one person's set 160 00:14:18,520 --> 00:14:24,420 of ideas. And I understand Hatch and Schumer were working on the tax credit together, but 161 00:14:24,420 --> 00:14:26,320 that was something that was the President's proposal. It was a Democratic idea ultimately. 162 00:14:26,320 --> 00:14:28,810 I mean, if the President -- 163 00:14:28,810 --> 00:14:31,490 Mr. Gibbs: Well, I don't know that -- well -- 164 00:14:31,490 --> 00:14:33,300 The Press: The hiring tax credit. I mean -- 165 00:14:33,300 --> 00:14:39,600 Mr. Gibbs: I think the hiring tax credit was -- is a proposal that the President offered -- I'm 166 00:14:39,600 --> 00:14:46,600 not sure you would consider Senator Hatch to be somehow overly sympathetic to the White 167 00:14:49,340 --> 00:14:53,640 House's view on these issues. I think it demonstrates -- 168 00:14:53,640 --> 00:14:58,470 The Press: But it's part of a larger package. That's my point. 169 00:14:58,470 --> 00:15:02,010 Mr. Gibbs: Right, but a messier -- my messier way of saying I think if you look at both what's 170 00:15:02,010 --> 00:15:06,850 in this legislation and I think if you look at what isn't in this legislation but will 171 00:15:06,850 --> 00:15:13,850 ultimately move, I can't imagine a scenario in which extending unemployment benefits for 172 00:15:14,120 --> 00:15:19,480 those that have been out of work and having those benefits expire isn't going to garner 173 00:15:19,480 --> 00:15:24,810 bipartisan support. Extending health care -- 174 00:15:24,810 --> 00:15:26,110 The Press: It just looks like a jobs version of -- when 175 00:15:26,110 --> 00:15:30,440 the President was asked about, the other day when he was here, and he was asked about Mitch 176 00:15:30,440 --> 00:15:33,320 McConnell talking about how they could support -- Republicans could support nuclear energy 177 00:15:33,320 --> 00:15:36,870 or clean coal technology, and the President's response was -- 178 00:15:36,870 --> 00:15:38,210 Mr. Gibbs: What you assume -- 179 00:15:38,210 --> 00:15:40,080 The Press: -- the President's response was, well, of 180 00:15:40,080 --> 00:15:42,960 course, they like -- I'm paraphrasing -- but of course they like that, those were 181 00:15:42,960 --> 00:15:47,180 Republican ideas that we're offering, in the name of bipartisanship. So what's going 182 00:15:47,180 --> 00:15:50,540 on here is the reverse -- Harry Reid taking out the one Democratic idea. 183 00:15:50,540 --> 00:15:53,590 Mr. Gibbs: No, no, no. Do you think helping small businesses 184 00:15:53,589 --> 00:15:57,879 grow by allowing them to write off part of their expenditures is just something that's 185 00:15:57,880 --> 00:16:04,880 a Democratic idea? Do you think extending the highway trust fund extension is somehow 186 00:16:04,880 --> 00:16:11,290 a uniquely Democratic idea? I think if you were to break the four components of that 187 00:16:11,290 --> 00:16:16,780 bill out individually, each of those would garner strong bipartisan support. So I -- 188 00:16:16,780 --> 00:16:23,780 look, I think we are in some ways over-reading some of this because, again, I think -- personally 189 00:16:30,550 --> 00:16:36,080 believe that the four components of this bill, several components that were in the bipartisan 190 00:16:36,080 --> 00:16:43,080 bill but aren't in the Reid bill, will still be bipartisan. I think -- I don't think 191 00:16:43,450 --> 00:16:50,120 any of the ideas that I've listed here today are uniquely Democratic ideas that have dispensed 192 00:16:50,120 --> 00:16:51,880 with Republican ideas in their stead. 193 00:16:51,880 --> 00:16:52,430 The Press: Can I follow up? 194 00:16:52,430 --> 00:16:52,980 Mr. Gibbs: I'll come back around. 195 00:16:52,980 --> 00:16:55,410 The Press: Robert, could you set us straight on the President's role in deciding where the trial of Khalid 196 00:16:55,410 --> 00:17:01,770 Sheikh Mohammed will be? 197 00:17:01,770 --> 00:17:08,770 Mr. Gibbs: Well, look, obviously the decision was made appropriately in conjunction with an interagency 198 00:17:09,869 --> 00:17:16,719 process by the Attorney General. But obviously there are efforts on Capitol Hill through 199 00:17:16,720 --> 00:17:23,720 legislation to restrict either the type of or the venue of a trial for Khalid Sheikh 200 00:17:25,350 --> 00:17:31,050 Mohammed and his co-conspirators. That, by definition, involves the White House and ultimately 201 00:17:31,049 --> 00:17:38,049 the President. So since this effort has moved from strictly a Justice Department decision 202 00:17:42,519 --> 00:17:46,089 to something that's in the legislative arena, the White House and by definition the President 203 00:17:46,090 --> 00:17:46,890 are involved. 204 00:17:46,889 --> 00:17:50,519 The Press: But it's being depicted as if he is actually the person who is saying this is where it 205 00:17:50,519 --> 00:17:51,019 will be. 206 00:17:51,019 --> 00:17:57,799 Mr. Gibbs: He's not in the Map Room with a big map picking a location. Obviously the President 207 00:17:57,799 --> 00:18:04,799 and members of -- White House staff have an equity in this, given what's going on, on 208 00:18:05,240 --> 00:18:11,490 Capitol Hill legislatively. Yes, sir. 209 00:18:11,490 --> 00:18:17,350 The Press: Following up on that, though -- I'll let you read your note first if you would like. 210 00:18:17,350 --> 00:18:18,710 The Press: Is it a Valentine's Day note? (laughter) 211 00:18:18,710 --> 00:18:19,970 Does it have Snoopy on it? (laughter) 212 00:18:19,970 --> 00:18:20,530 The Press: -- passing notes -- 213 00:18:20,529 --> 00:18:25,119 Mr. Gibbs: Well, I will -- I was wrong earlier. If you want to let folks know, just got word that 214 00:18:25,119 --> 00:18:27,759 the debt limit PAYGO will be signed later today. 215 00:18:27,759 --> 00:18:29,699 The Press: Behind closed doors? 216 00:18:29,700 --> 00:18:30,870 The Press: Coverage? 217 00:18:30,869 --> 00:18:36,879 Mr. Gibbs: Not on my note. (laughter) Go ahead. 218 00:18:36,879 --> 00:18:39,549 The Press: Following up on the Khalid Sheikh Mohammed 219 00:18:39,549 --> 00:18:45,439 question, on Sunday, when Katie Couric asked the President, have you ruled out trying Khalid 220 00:18:45,440 --> 00:18:52,440 Sheikh Mohammed in New York City, he said, "I have not ruled it out." Wasn't he saying 221 00:18:53,299 --> 00:18:58,749 there that, by saying "I have not ruled it out," that he is essentially the decision-maker on this? 222 00:18:58,749 --> 00:19:05,889 Mr. Gibbs: No, I think he's part of -- I mean, obviously he's the Commander-in-Chief. Obviously he 223 00:19:05,889 --> 00:19:15,099 said that he had not ruled it out; that we would take into account the security and logistical 224 00:19:15,100 --> 00:19:22,090 concerns that had been brought forth by New York City. And those will be, as he said, 225 00:19:22,090 --> 00:19:28,940 taken into account before a final decision is made. 226 00:19:28,940 --> 00:19:29,820 The Press: And the final decision, as he strongly implied 227 00:19:29,820 --> 00:19:30,520 here, will be by him? 228 00:19:30,519 --> 00:19:37,989 Mr. Gibbs: Again, I think -- I think he will have strong equities in this decision and will hear from 229 00:19:37,990 --> 00:19:38,980 a lot of different people. 230 00:19:38,980 --> 00:19:40,750 The Press: When do you think the decision will come down? 231 00:19:40,749 --> 00:19:45,579 Mr. Gibbs: I don't know. I know that -- I know there were -- it was brought up in a meeting that 232 00:19:45,580 --> 00:19:49,820 I was in earlier today, but it was not a decision-making meeting. 233 00:19:49,820 --> 00:19:50,300 The Press: And then you said he'll be hearing from 234 00:19:50,299 --> 00:19:54,019 a lot of people, then the input is coming to him for him to make a decision? 235 00:19:54,019 --> 00:19:56,239 Mr. Gibbs: Well, no, I think -- I think he will hear 236 00:19:56,240 --> 00:19:59,830 from a lot of people; he will be involved in a larger process. 237 00:19:59,830 --> 00:20:00,730 The Press: So he's much more deeply involved personally 238 00:20:00,730 --> 00:20:03,210 now that he was in the original decision? 239 00:20:03,210 --> 00:20:10,210 Mr. Gibbs: Well, again -- again, because of -- because Congress has become involved in this, because 240 00:20:11,690 --> 00:20:19,280 legislation could restrict the venue and the type of trial, the White House is more involved, yes. 241 00:20:19,279 --> 00:20:22,559 The Press: Does the President think that there was kind of a political tin ear here to make the decision 242 00:20:22,559 --> 00:20:24,749 to try him in New York in the first place, since it looks like it's heading in a different 243 00:20:24,749 --> 00:20:27,809 direction now? 244 00:20:27,809 --> 00:20:34,499 Mr. Gibbs: No, look, Chip, I'll remind you that some of the people that -- some of the people that 245 00:20:34,499 --> 00:20:38,399 you hear now that are opposed to the trial in New York were in November supportive of 246 00:20:38,399 --> 00:20:45,399 the trial. Again, we're going to take into account security and logistical concerns that 247 00:20:46,369 --> 00:20:53,369 those -- that those individuals now have. The cost of the trial obviously is one thing, 248 00:20:54,730 --> 00:20:57,680 and all of that will be taken into account. 249 00:20:57,679 --> 00:21:00,119 The Press: If I could just follow up on Ben and Jake's line of questioning here. I think your answer 250 00:21:00,119 --> 00:21:06,849 is basically that, in the end, most of the stuff will be taken up and hopefully on a 251 00:21:06,850 --> 00:21:12,730 bipartisan basis. But isn't bipartisanship also about tone? And by doing what Harry Reid 252 00:21:12,730 --> 00:21:16,620 did yesterday -- here you had four members working together -- I mean, people were looking 253 00:21:16,619 --> 00:21:19,789 around going, what's wrong here? We've got four people working together on a bipartisan 254 00:21:19,789 --> 00:21:23,489 basis -- and then we realized what was wrong here -- Harry Reid was about to slap them 255 00:21:23,489 --> 00:21:27,299 in the face, or as Chuck Grassley said, pull the rug out from under this effort again. 256 00:21:27,299 --> 00:21:27,549 It's tone -- 257 00:21:27,299 --> 00:21:28,279 Mr. Gibbs: No, again, I just -- 258 00:21:28,280 --> 00:21:30,790 The Press: -- he destroyed the tone of bipartisanship. 259 00:21:30,789 --> 00:21:40,529 Mr. Gibbs: No, no, I think that's over -- an over-reading of the situation. Again, the centerpiece of 260 00:21:40,529 --> 00:21:48,919 -- the centerpiece for job creation in the bipartisan legislation was the Schumer-Hatch 261 00:21:48,919 --> 00:21:51,379 small business hiring tax cut. That's the -- 262 00:21:51,379 --> 00:21:54,749 The Press: Right. And now Hatch is furious, and so is -- 263 00:21:54,749 --> 00:21:58,349 Mr. Gibbs: -- that's now the hallmark of legislation that will move in the Senate. Look, here's 264 00:21:58,350 --> 00:22:05,350 what I think is most important, is, are we going to -- are we going to get these individual 265 00:22:05,350 --> 00:22:10,290 items and items that aren't in this legislation passed to benefit the American people, and 266 00:22:10,289 --> 00:22:14,439 are we going to get them passed in a bipartisan way? I think the answer to both of those questions 267 00:22:14,440 --> 00:22:15,060 is yet. 268 00:22:15,059 --> 00:22:16,689 The Press: So all that matters in the end is whether they pass with bipartisan votes, not whether 269 00:22:16,690 --> 00:22:18,820 people are actually working together in a concerted effort. 270 00:22:18,820 --> 00:22:24,130 Mr. Gibbs: No, because I think -- I think you're going 271 00:22:24,129 --> 00:22:29,129 to have bipartisan votes because they're working together on ideas that appeal to both 272 00:22:29,129 --> 00:22:35,529 Democrats and Republicans. The President's example -- the President's example that 273 00:22:35,529 --> 00:22:40,229 he used that Jake brought up the other day was when you just have idea that appeals to 274 00:22:40,230 --> 00:22:47,230 one party on this side or just an idea that appeals to the party on the other side. Tax 275 00:22:48,480 --> 00:22:53,780 cuts to encourage equipment investment is not a partisan idea. Reauthorizing and extending 276 00:22:53,779 --> 00:23:00,029 the highway bill for a year always gets strong bipartisan support. Build America bonds will 277 00:23:00,029 --> 00:23:05,779 have bipartisan support. The hiring tax credit, written by a Democratic senator and a Republican 278 00:23:05,779 --> 00:23:12,779 senator by definition will have bipartisan support. What's not in that bill, extending 279 00:23:13,179 --> 00:23:17,869 tax cuts, will likely have bipartisan support, including something like the research and 280 00:23:17,869 --> 00:23:24,869 development tax credit, which is extended year after year. Extending unemployment compensation 281 00:23:27,610 --> 00:23:32,470 and health care for the unemployed will garner bipartisan support because it's not a partisan 282 00:23:32,470 --> 00:23:36,610 idea. Extending a lending program -- 283 00:23:36,610 --> 00:23:40,380 The Press: Does the White House support the hardball partisan tactic of -- 284 00:23:40,379 --> 00:23:44,639 Mr. Gibbs: Again, I don't -- I think you're greatly 285 00:23:44,639 --> 00:23:47,679 over-reading and greatly over-simplifying what's going on here. 286 00:23:47,679 --> 00:23:51,379 The Press: The Republicans don't -- they think it was 287 00:23:51,379 --> 00:23:52,719 a hardball political tactic. 288 00:23:52,720 --> 00:23:55,040 Mr. Gibbs: I just don't see it. Yes. 289 00:23:55,039 --> 00:23:58,339 The Press: Attorney General Holder's comments to The Washington Post -- "At the end of the day, 290 00:23:58,340 --> 00:24:02,190 wherever this case is tried, in whatever forum, what we have to ensure is that it's done 291 00:24:02,190 --> 00:24:07,760 as transparently as possible and in adherence to the rules" -- is that a softening of the 292 00:24:07,759 --> 00:24:10,609 administration's position about holding the KSM trial in Article III courts? 293 00:24:10,609 --> 00:24:11,879 Mr. Gibbs: No, because the question that was posed to 294 00:24:11,879 --> 00:24:21,489 him asks if fair trials can be held in military commissions. And I can get you a transcript of -- 295 00:24:21,489 --> 00:24:24,959 The Press: We should not read it as a new openness to military commissions for KSM? 296 00:24:24,960 --> 00:24:30,040 Mr. Gibbs: No, look, understanding this, that military 297 00:24:30,039 --> 00:24:37,039 commissions had traditionally been something that had faced, through the Supreme Court, 298 00:24:38,230 --> 00:24:43,910 constitutional problems until this administration, working on a bipartisan basis with Capitol 299 00:24:43,909 --> 00:24:46,109 Hill, reformed that process. 300 00:24:46,109 --> 00:24:50,399 The Press: Do you feel like, or does the administration feel, that military commissions are inferior 301 00:24:50,399 --> 00:24:53,819 to Article III courts? 302 00:24:53,820 --> 00:24:58,220 Mr. Gibbs: No, I think, again, I think the way that things have -- I think the reform efforts that had 303 00:24:58,220 --> 00:25:05,220 been brought about ensure the type of protections that would withstand constitutional and Supreme 304 00:25:08,059 --> 00:25:10,019 Court scrutiny. 305 00:25:10,019 --> 00:25:13,829 The Press: Is the administration considering a military commission for KSM? 306 00:25:13,830 --> 00:25:16,600 Mr. Gibbs: I would just go back to what I said earlier 307 00:25:16,600 --> 00:25:23,190 in the sense that there are a series of things that are being looked at, most appropriately 308 00:25:23,190 --> 00:25:29,220 the security and logistical concerns of those in New York, as a decision is being made. 309 00:25:29,220 --> 00:25:31,910 The Press: And very quickly, would the President be involved, 310 00:25:31,909 --> 00:25:34,349 as he is with the location of any civilian court trial, be involved in the consideration 311 00:25:34,350 --> 00:25:38,300 of whether it should be moved to a military commission or would that interfere with the 312 00:25:38,299 --> 00:25:40,429 Justice Department's independence? 313 00:25:40,429 --> 00:25:48,149 Mr. Gibbs: Look, I think I've discussed why the President is involved and how he'll take part in that. Laura. 314 00:25:48,149 --> 00:25:55,149 The Press: So just following right up on that, you said -- she asked if there were -- it's been 315 00:25:57,730 --> 00:25:58,530 asked if there would be -- if military commissions were something you were considering and your 316 00:25:58,529 --> 00:26:00,089 response was, there are a series of things being looked at. So I would read that to mean 317 00:26:00,090 --> 00:26:02,440 that, yes, that is one of the things; is that correct? 318 00:26:02,440 --> 00:26:08,040 Mr. Gibbs: I would just say this. Without illuminating 319 00:26:08,039 --> 00:26:14,519 all of the factors that are involved, first and foremost there are, as I've said before, 320 00:26:14,519 --> 00:26:19,019 security concerns, logistical concerns, about where you would hold the trial in New York, 321 00:26:19,019 --> 00:26:24,039 what that would mean for the downtown area, that have to be taken into account. But as 322 00:26:24,039 --> 00:26:30,049 you heard the President say last week, he's not ruled out the fact that Khalid Sheikh 323 00:26:30,049 --> 00:26:36,349 Mohammed would still be tried in a federal court in New York. So I think that's -- 324 00:26:36,350 --> 00:26:39,110 first and foremost, that's what the President is focused on. 325 00:26:39,109 --> 00:26:43,949 The Press: But he hasn't ruled out the other option though? 326 00:26:43,950 --> 00:26:45,560 Mr. Gibbs: Focused on the decision at hand. 327 00:26:45,559 --> 00:26:48,379 The Press: On the issue of recess appointments, when you talk about this issue you talk about people 328 00:26:48,379 --> 00:26:55,379 who haven't had a chance to even come up for a vote because they're being held by 329 00:26:55,389 --> 00:27:02,389 one senator over this, that, or the other. Does the President view it as an option to 330 00:27:03,749 --> 00:27:05,579 use recess appointments for somebody like Craig Becker, who did in fact have a majority 331 00:27:05,580 --> 00:27:10,320 but not the supermajority needed? And did -- obviously his nomination did come up a vote. 332 00:27:10,320 --> 00:27:17,320 Mr. Gibbs: Look, I think there are -- the President has nominated qualified, very qualified individuals 333 00:27:18,679 --> 00:27:25,679 for the positions that he's nominated them for. We hope and believe that after the discussion 334 00:27:27,279 --> 00:27:31,839 that the President had with Senator McConnell on Tuesday, it's clear that the Senate heard 335 00:27:31,840 --> 00:27:36,520 that conversation and acted. But you heard -- you saw the President in a statement last 336 00:27:36,519 --> 00:27:43,519 night -- he's not going to foreclose that if what continues to stall -- if the stalling 337 00:27:45,600 --> 00:27:50,830 tactics continue, he's not ruling out using recess appointments for anybody that he's 338 00:27:50,830 --> 00:27:55,470 nominated. The best way to avoid that? The best way to avoid that is for the Senate to 339 00:27:55,470 --> 00:27:56,700 work through this process. 340 00:27:56,700 --> 00:27:59,770 The Press: So in the case of Becker, would you view that as a stalling technique to -- 341 00:27:59,769 --> 00:28:00,379 Mr. Gibbs: Yes. 342 00:28:00,379 --> 00:28:03,039 The Press: So it is a possibility that you would -- 343 00:28:03,039 --> 00:28:03,699 he might be -- 344 00:28:03,700 --> 00:28:09,170 Mr. Gibbs: Anybody that the President has nominated that hasn't been approved is somebody that the 345 00:28:09,169 --> 00:28:13,809 President would consider -- 346 00:28:13,809 --> 00:28:15,809 The Press: What if he only got 49 votes? Would he consider it in that case? 347 00:28:15,809 --> 00:28:18,639 Mr. Gibbs: I'm not going to go through a whole host 348 00:28:18,639 --> 00:28:19,789 of different scenarios. Mark. 349 00:28:19,789 --> 00:28:22,569 The Press: Does the President believe that's what the founders had in mind with the recess appointment 350 00:28:22,570 --> 00:28:25,160 provision -- to give him the authority to circumvent a Senate action or inaction on 351 00:28:25,159 --> 00:28:32,129 nominees, when the Senate -- 352 00:28:32,129 --> 00:28:39,129 Mr. Gibbs: I have not spoken constitutionally with the President about his theory on it. I think 353 00:28:40,229 --> 00:28:47,059 the practical measure is -- again, understand that while the -- what the Senate did last 354 00:28:47,059 --> 00:28:52,419 night, in moving a series of nominees that the President thought were qualitatively and 355 00:28:52,419 --> 00:28:56,909 quantitatively different than what had been held at that point in the Bush administration, 356 00:28:56,909 --> 00:29:02,169 is still that way, right? There are 63 that had been pending for a month. They dealt with 357 00:29:02,169 --> 00:29:07,179 about half of them, right? So instead of a 10-1 ratio with the Bush administration, we 358 00:29:07,179 --> 00:29:12,999 have a 5-1 ratio. I don't think the President believes that's an acceptable number either. 359 00:29:12,999 --> 00:29:18,399 The best way to deal with this, though, is by having the Senate work through the process 360 00:29:18,399 --> 00:29:22,079 of voting up or down on these nominees. 361 00:29:22,080 --> 00:29:26,100 The Press: Do you remember whether then-Senator Obama objected when Senator Reid kept the chamber 362 00:29:26,100 --> 00:29:33,100 in session during the last two years of the Bush administration so that he could not make 363 00:29:34,950 --> 00:29:36,970 any recess appointment? 364 00:29:36,970 --> 00:29:38,130 Mr. Gibbs: If you may have that -- 365 00:29:38,129 --> 00:29:39,219 The Press: I was asking if you recall. 366 00:29:39,220 --> 00:29:42,480 Mr. Gibbs: I don't recall. I don't recall. 367 00:29:42,479 --> 00:29:45,919 The Press: All right. One other question. I wondered what you thought of a CBS News/New York Times 368 00:29:45,919 --> 00:29:47,619 poll finding last night -- 369 00:29:47,619 --> 00:29:50,249 Mr. Gibbs: CBS News. Never really heard of it. (laughter) 370 00:29:50,250 --> 00:29:57,640 The Press: -- that showed that only 12% of those surveyed believed they got a tax cut over the last year. 371 00:29:57,639 --> 00:30:03,809 Mr. Gibbs: I'd say they called the wrong people. No, I -- (laughter) -- yes, I know -- (laughter) 372 00:30:03,809 --> 00:30:10,809 -- no, look, I think what -- look, I think what happened, and one of the things that 373 00:30:12,229 --> 00:30:19,019 I think will go through this bipartisan jobs process is state and local aid, right? Understand, 374 00:30:19,019 --> 00:30:23,909 if you look at last month's jobs report, the number of state and local government jobs 375 00:30:23,909 --> 00:30:30,909 lost was 41,000 out of that monthly jobs report, because I think in many cases -- and you see 376 00:30:32,739 --> 00:30:38,079 now, too, the importance of something like state and local aid, because as bad as state 377 00:30:38,080 --> 00:30:45,080 budgets were last year, they're actually worse this year. So I think even as -- even 378 00:30:45,330 --> 00:30:52,330 as people may or may not have felt what they got from the federal government, they may 379 00:30:52,419 --> 00:30:58,209 have gotten something different from their state and local government in order to make 380 00:30:58,210 --> 00:31:05,210 up for a collective budget shortfall among the 50 states in something that exceeded $125 381 00:31:06,789 --> 00:31:13,789 billion. So, look, I think that -- look, is it part of the frustration? Of course. 95% 382 00:31:21,679 --> 00:31:25,039 of working people in this country saw their taxes cut last year. 383 00:31:25,039 --> 00:31:26,309 The Press: What percent? 384 00:31:26,309 --> 00:31:29,469 Mr. Gibbs: 95. But only, apparently, 12% felt it. Roger. 385 00:31:29,470 --> 00:31:36,470 The Press: Robert, back to the terror suspects. I want 386 00:31:38,960 --> 00:31:45,960 to make sure I'm clear here. What exactly needs to happen before we get a decision? 387 00:31:47,039 --> 00:31:47,489 Is the President, for example, is he awaiting some specific recommendations from Holder, 388 00:31:47,489 --> 00:31:47,739 given all the -- 389 00:31:47,580 --> 00:31:51,590 Mr. Gibbs: No, they're in the process of going -- they're in the process of working through 390 00:31:51,590 --> 00:31:58,590 the many issues, some of which had been brought up by those in New York about the concerns 391 00:32:00,269 --> 00:32:02,249 of a trial there. 392 00:32:02,249 --> 00:32:07,939 The Press: But is there -- you also have to wait for Congress to act on whether to restrict the 393 00:32:07,940 --> 00:32:09,690 funding also, too. 394 00:32:09,690 --> 00:32:14,620 Mr. Gibbs: I don't think the President's decision is -- I don't think the timeline for a presidential 395 00:32:14,619 --> 00:32:21,619 decision is held up by the timing of whether the Senate or the House act on -- individually 396 00:32:22,220 --> 00:32:24,190 on legislation. 397 00:32:24,190 --> 00:32:27,540 The Press: Is he awaiting any particular recommendations from Mr. Holder? 398 00:32:27,539 --> 00:32:30,929 Mr. Gibbs: I'm not going to get into the process of 399 00:32:30,929 --> 00:32:32,239 what's going on, just to say that that process is ongoing. 400 00:32:32,239 --> 00:32:36,139 The Press: Would he favor a military commission trial 401 00:32:36,139 --> 00:32:41,469 short of being ordered to do so by Congress? 402 00:32:41,470 --> 00:32:48,470 Mr. Gibbs: Again, I think Savannah largely asked that, and, again, this is a process that's ongoing. 403 00:32:50,099 --> 00:32:52,009 The Press: Just follow? 404 00:32:52,009 --> 00:32:52,999 Mr. Gibbs: Yes. 405 00:32:52,999 --> 00:32:56,339 The Press: Robert, what kind of message are we sending 406 00:32:56,340 --> 00:33:00,760 to the countries like India who are dealing in a tougher way with the terrorists, and 407 00:33:00,759 --> 00:33:03,049 also helping the United States on a global war against terrorism, as far as this trial 408 00:33:03,049 --> 00:33:04,909 and being soft on the terrorists and here, what they feel back home? 409 00:33:04,909 --> 00:33:06,869 Mr. Gibbs: I'm sorry, I don't -- I didn't get the 410 00:33:06,869 --> 00:33:10,399 last part of that, Goyal. 411 00:33:10,399 --> 00:33:17,399 The Press: Many countries feel that U.S. should be tougher than those countries that -- who are with 412 00:33:17,629 --> 00:33:19,369 the United States as far as dealing with the terrorists. 413 00:33:19,369 --> 00:33:22,509 Mr. Gibbs: Look, Khalid Sheikh Mohammed -- I forget the 414 00:33:22,509 --> 00:33:29,509 exact date that he was brought into custody, it's been a long time. One way or the other, 415 00:33:30,539 --> 00:33:37,539 Khalid Sheikh Mohammed will be brought to justice by these decisions. I don't think 416 00:33:39,549 --> 00:33:46,549 you can be any tougher than that. This President has, without going into great detail, taken 417 00:33:49,349 --> 00:33:56,349 the fight internationally to terror suspects. We will -- we are going to seek -- we will 418 00:34:02,149 --> 00:34:08,999 seek justice -- justice delayed, by the way -- on behalf of thousands that were killed 419 00:34:09,000 --> 00:34:14,020 on September 11th because of the hateful acts of somebody like Khalid Sheikh Mohammed. 420 00:34:14,020 --> 00:34:17,790 The Press: And one on the economy, please? Follow on 421 00:34:17,790 --> 00:34:18,540 the economy? 422 00:34:18,540 --> 00:34:20,560 Mr. Gibbs: Let me go back to Major. 423 00:34:20,560 --> 00:34:27,560 The Press: On the Senate jobs bill, setting aside the political question for a second, does the 424 00:34:30,530 --> 00:34:31,950 White House believe it's large enough to have a legitimate economic effect to create jobs? 425 00:34:31,950 --> 00:34:36,710 Mr. Gibbs: Well, again, Major, I don't think that -- I don't think what has the umbrella of 426 00:34:36,710 --> 00:34:43,710 a jobs bill is going to be the only components that the House and the Senate deal with in 427 00:34:45,740 --> 00:34:52,740 creating jobs. Right? I think extending unemployment benefits is something that is important for 428 00:34:55,140 --> 00:35:01,040 those that don't have work in sustaining their effort to help find work. That's not 429 00:35:01,040 --> 00:35:08,040 in what the Senate will deal with at the end of this recess, but is a component of a series 430 00:35:11,440 --> 00:35:17,670 of measures that the President outlined either at the Brookings speech that he gave, at the 431 00:35:17,670 --> 00:35:21,900 State of the Union, or that's in his budget. So again, I don't look at what -- 432 00:35:21,900 --> 00:35:22,520 The Press: -- not in there, either. 433 00:35:22,520 --> 00:35:26,010 Mr. Gibbs: Right. But I don't look at what -- and the 434 00:35:26,010 --> 00:35:29,850 administration doesn't look at what is going to happen at the end of February when the 435 00:35:29,850 --> 00:35:35,930 Senate considers these four provisions to be the end of that consideration of measures 436 00:35:35,930 --> 00:35:39,020 dealing with economic stability. 437 00:35:39,020 --> 00:35:42,390 The Press: Would the administration therefore continue to prioritize whatever other follow-on legislation 438 00:35:42,390 --> 00:35:48,590 comes from the Senate and the House on jobs over any other issues, specifically health care? 439 00:35:48,590 --> 00:35:51,870 Mr. Gibbs: Yes. Look, I think the President has -- 440 00:35:51,870 --> 00:35:57,040 The Press: By definition is to elongate the process of dealing with jobs legislation -- having it 441 00:35:57,040 --> 00:35:58,330 in smaller bills. 442 00:35:58,330 --> 00:36:05,330 Mr. Gibbs: Well, look -- well, look, the legislative process will work through itself. But, look, 443 00:36:07,460 --> 00:36:11,620 obviously some things you're going to have on because for unemployment benefits or for 444 00:36:11,620 --> 00:36:18,620 COBRA you meet deadlines for expiring benefits that these individuals that are unemployed 445 00:36:20,040 --> 00:36:27,040 need. I think we're pleased with the pacing of this. This was something that, if you go 446 00:36:28,530 --> 00:36:34,310 from the State of the Union to what the Senate will consider, understanding that the House 447 00:36:34,310 --> 00:36:38,860 has already passed a fairly -- 448 00:36:38,860 --> 00:36:40,040 The Press: Much larger. 449 00:36:40,040 --> 00:36:42,380 Mr. Gibbs: -- big package, so you've got half that process done. 450 00:36:42,380 --> 00:36:47,370 The Press: I want to give you a chance to address something 451 00:36:47,370 --> 00:36:50,510 that was in the Washington Post editorial -- or op-ed section today by former Attorney 452 00:36:50,510 --> 00:36:53,790 General Mukasey. Let me just read it to you and get your chance for response: "Contrary 453 00:36:53,790 --> 00:36:57,030 to what the White House homeland security advisor and the attorney general had suggested, 454 00:36:57,030 --> 00:37:02,700 if not said outright, not only was there no authority or policy in place under the Bush 455 00:37:02,700 --> 00:37:06,780 administration requiring that all those detained in the United States be treated as criminal 456 00:37:06,780 --> 00:37:10,230 defendants, but relevant authority was and is the opposite." 457 00:37:10,230 --> 00:37:13,320 Mr. Gibbs: Read the last part again. 458 00:37:13,320 --> 00:37:16,630 The Press: Picking up where? "But relevant" -- "There 459 00:37:16,630 --> 00:37:20,800 is no authority or policy in place under the Bush administration requiring that all those 460 00:37:20,800 --> 00:37:26,530 detained in the United States be treated as criminal defendants," which Mukasey suggests 461 00:37:26,530 --> 00:37:31,750 your administration has said was the Bush administration policy. He goes on to write, 462 00:37:31,750 --> 00:37:34,480 "But relevant authority was and is the opposite." 463 00:37:34,480 --> 00:37:36,070 Mr. Gibbs: Well, I don't think that -- 464 00:37:36,070 --> 00:37:38,590 The Press: Do you disagree with his -- 465 00:37:38,590 --> 00:37:43,100 Mr. Gibbs: I don't think that either Judge Mukasey or Attorney General Mukasey would argue that 466 00:37:43,100 --> 00:37:49,330 in the process of somebody being an enemy combatant that they wouldn't, in fighting 467 00:37:49,330 --> 00:37:54,590 their detention, have access, based on his ruling, to counsel. Right? 468 00:37:54,590 --> 00:37:56,300 The Press: Access to habeas petition. 469 00:37:56,300 --> 00:37:56,550 Mr. Gibbs: Right. 470 00:37:56,550 --> 00:37:58,940 The Press: Not all other rights. As he goes on to write 471 00:37:58,940 --> 00:38:05,780 -- I don't want to go through the whole thing -- but he says, in the Hamdi case, and 472 00:38:05,780 --> 00:38:12,570 in relevant Padillas dealings, habeas petitions were created as a legal venue but not all 473 00:38:12,570 --> 00:38:14,410 the other rights -- 474 00:38:14,410 --> 00:38:14,860 Mr. Gibbs: Well, but let's also -- 475 00:38:14,860 --> 00:38:18,090 The Press: -- that he says you guys are accusing the Bush administration of granting in a blanket way. 476 00:38:18,090 --> 00:38:24,070 Mr. Gibbs: But let's also deal with what Attorney General Mukasey and others in the Bush administration, 477 00:38:24,070 --> 00:38:29,170 they've suggested that we didn't -- because military commissions weren't set up, that 478 00:38:29,170 --> 00:38:33,720 somebody like a Richard Reid, Mirandized five minutes after he was taken off of an American 479 00:38:33,720 --> 00:38:37,990 Airlines flight, couldn't have been held because we didn't have military commissions. 480 00:38:37,990 --> 00:38:43,370 Military commissions aren't a venue for interrogation. Military commissions are a 481 00:38:43,370 --> 00:38:51,390 venue for adjudicating justice. Is Attorney General Mukasey saying in his op-ed that the 482 00:38:51,390 --> 00:38:57,390 United States of America, the minute that they walked a Mirandized Richard Reid off 483 00:38:57,390 --> 00:39:03,860 of an American flight in Boston, didn't have law of war detention? It's a principle 484 00:39:03,860 --> 00:39:09,410 that has -- it's a principle that we've had for as long as this country has existed. 485 00:39:09,410 --> 00:39:15,980 So I don't know if he presumed that law of war detention didn't exist on that day. 486 00:39:15,980 --> 00:39:20,840 The Press: On the KSM trial location, how concerned is 487 00:39:20,840 --> 00:39:26,220 the President or the White House legislative team about what appears to be a growing number 488 00:39:26,220 --> 00:39:30,670 of Senate Democrats signing on to legislation to block all funding entirely? And to what 489 00:39:30,670 --> 00:39:35,330 degree is the President telephoning members to try to persuade them to either hold off 490 00:39:35,330 --> 00:39:36,680 or change their mind? 491 00:39:36,680 --> 00:39:43,180 Mr. Gibbs: I don't -- I do not know of calls that the President has made. There may have been calls 492 00:39:43,180 --> 00:39:50,180 from the Counsel's Office or from Legislative Affairs to discuss people's opinion on legislation 493 00:39:50,270 --> 00:39:54,780 or on potential upcoming votes. Look, I'd just leave it -- 494 00:39:54,780 --> 00:39:59,080 The Press: This would assume a very important consideration 495 00:39:59,080 --> 00:40:00,470 of Congress in this entire debate, would it not? 496 00:40:00,470 --> 00:40:01,660 Mr. Gibbs: There's no question about it. And I think 497 00:40:01,660 --> 00:40:08,660 it is an important aspect of this. It's an important aspect of our broader efforts 498 00:40:12,840 --> 00:40:20,380 in dealing with terrorism, and it's something that the administration is working through actively. 499 00:40:20,380 --> 00:40:22,270 The Press: And the President would not be personally involved why, if it's so important? 500 00:40:22,270 --> 00:40:23,670 Mr. Gibbs: No, no, I just -- I do not -- I'm just saying 501 00:40:23,670 --> 00:40:28,780 I do not believe he has made phone calls -- you asked me specifically about phone calls 502 00:40:28,780 --> 00:40:34,750 to Democrats about the legislation. I will go back and look at the phone logs that are 503 00:40:34,750 --> 00:40:39,190 sent around, but I do not -- nothing pops into my head, but let me double check. 504 00:40:39,190 --> 00:40:42,800 The Press: Robert, I want to try the jobs bill thing 505 00:40:42,800 --> 00:40:48,780 again. On Chip's point of tone, Senator Reid changed course, and then effectively 506 00:40:48,780 --> 00:40:55,100 challenged Republicans to oppose the bill. That was a fairly significant change in tone, 507 00:40:55,100 --> 00:41:00,760 and Republicans feel that they are being set up politically here, to some degree. Can they 508 00:41:00,760 --> 00:41:06,260 trust the President and Democratic leadership in Congress when they talk about bipartisanship 509 00:41:06,260 --> 00:41:13,260 if this is the first kind of experience they're having since the State of the Union and a 510 00:41:14,250 --> 00:41:14,500 lot of this bipartisan talk? 511 00:41:14,250 --> 00:41:20,050 Mr. Gibbs: Of course Republicans can trust the President. They were in a room not far from where we're 512 00:41:20,050 --> 00:41:25,680 sitting discussing many of the elements that will be voted on at the end of February on 513 00:41:25,680 --> 00:41:32,680 a jobs bill. Again, I think that -- again, I think you'll see a strong bipartisan vote. 514 00:41:35,200 --> 00:41:40,050 I think you'll see -- and I think you'll see a strong bipartisan vote on aspects that 515 00:41:40,050 --> 00:41:47,050 aren't in this legislation but are part of what Democrats and Republicans alike believe 516 00:41:47,530 --> 00:41:53,190 is important for stabilizing our economy. 517 00:41:53,190 --> 00:41:55,740 The Press: Does the White House understand Republican frustration over this, though? It sounds to 518 00:41:55,740 --> 00:41:55,990 me like you're saying, what's the big deal? 519 00:41:55,910 --> 00:41:56,240 Mr. Gibbs: If you're asking if we're -- have we been 520 00:41:56,240 --> 00:42:00,960 frustrated about bipartisanship for the better part of the past more than a year? Yes. I 521 00:42:00,960 --> 00:42:03,480 mean, we've -- 522 00:42:03,480 --> 00:42:07,140 The Press: Specifically on this point, on this -- that the White House came out yesterday, endorsed 523 00:42:07,140 --> 00:42:11,860 the process that was taking place; that changes; Republicans are angry and confused. Do you 524 00:42:11,860 --> 00:42:14,300 understand that? 525 00:42:14,300 --> 00:42:21,290 Mr. Gibbs: Look, I -- the President didn't talk about bipartisanship on accident. The President 526 00:42:21,290 --> 00:42:28,290 has throughout his tenure as President been frustrated that we haven't worked together 527 00:42:29,040 --> 00:42:35,880 more -- not just about what we're doing economically now, but what we had to do economically 528 00:42:35,880 --> 00:42:42,880 a little more than a year ago when the times were even more dire; when we were facing job 529 00:42:45,130 --> 00:42:50,880 loss in the, as we've discussed in here, the 700,000 range each month; when we didn't 530 00:42:50,880 --> 00:42:57,880 know if we'd wake up and the financial system that day would have collapsed. Look, I can 531 00:42:58,530 --> 00:43:03,700 understand the frustration of Democrats and Republicans alike that regrettably the process 532 00:43:03,700 --> 00:43:10,700 of Washington has overwhelmed a series of ideas that the American people want to see 533 00:43:13,040 --> 00:43:18,080 work for them on behalf of the cares and concerns that they have -- absolutely. 534 00:43:18,080 --> 00:43:18,600 The Press: Robert, just two questions? 535 00:43:18,600 --> 00:43:20,140 Mr. Gibbs: Maybe come back at the end. 536 00:43:20,140 --> 00:43:21,600 The Press: Okay. 537 00:43:21,600 --> 00:43:28,600 Mr. Gibbs: Like a cherry on top of the sundae. (laughter) 538 00:43:29,250 --> 00:43:32,750 The Press: Going back to Mark's question on the public 539 00:43:32,750 --> 00:43:35,450 perception of the tax cuts, does that reflect a marketing problem? 540 00:43:35,450 --> 00:43:39,290 Mr. Gibbs: No, again, I think it -- look, again, it's 541 00:43:39,290 --> 00:43:45,800 hard to demonstrate to people that did get a tax cut at a federal level if they saw based 542 00:43:45,800 --> 00:43:52,800 on a budget shortfall in a state that may had to have raised taxes and fees. Look, that's 543 00:43:53,920 --> 00:44:00,920 why -- you know, look, I think that -- I think that the American people look at a number 544 00:44:02,710 --> 00:44:09,190 of different factors that go into understanding and speaking to the frustration that they 545 00:44:09,190 --> 00:44:14,480 have about this economy. Right? These things -- they don't happen in silos. Right? What 546 00:44:14,480 --> 00:44:21,420 happens at a federal level and what happens at a state level are felt by both -- both 547 00:44:21,420 --> 00:44:28,420 of those are felt by individuals on the ground. I think what it demonstrates is that whether 548 00:44:30,930 --> 00:44:36,900 there's four aspects of a package that's moving through the Senate, that there are 549 00:44:36,900 --> 00:44:42,980 going to have to be a series of things that happen in coordination with all levels of 550 00:44:42,980 --> 00:44:49,980 government in order to get this economy moving again. If the federal government adds money 551 00:44:52,700 --> 00:44:59,700 through recovery to stimulate demand while states are having to pull back greatly, you're 552 00:45:01,490 --> 00:45:04,590 going to create a situation where that's not going to ultimately be felt. That's 553 00:45:04,590 --> 00:45:11,590 why one of the big aspects of the recovery plan that was originally passed by Congress 554 00:45:12,800 --> 00:45:19,800 was state and local fiscal relief through FMAP funding, which cushioned that blow. 555 00:45:19,850 --> 00:45:21,710 The Press: You also structured the tax cut in a way that 556 00:45:21,710 --> 00:45:21,960 was supposed to maximize its economic impact by adding it in these little -- 557 00:45:21,910 --> 00:45:22,160 Mr. Gibbs: Maybe that's -- 558 00:45:21,970 --> 00:45:27,320 The Press: Did that sort of minimize the political impact? 559 00:45:27,320 --> 00:45:32,600 Mr. Gibbs: Well, look, you know, would I have liked to 560 00:45:32,600 --> 00:45:36,140 hire somebody to knock on everyone's door, you know, like the Publishers Clearing House 561 00:45:36,140 --> 00:45:40,340 guys and the big check in the balloons and the TV cameras? Sure, maybe that would have 562 00:45:40,340 --> 00:45:45,460 had a -- maybe it would have had a greater effect. I think what the economic team found 563 00:45:45,460 --> 00:45:52,460 in the structuring of that tax cut was that if I hand you $350, and you know you're 564 00:45:55,070 --> 00:46:01,140 not likely to get handed $350 every week, you're going to pocket and save that money, 565 00:46:01,140 --> 00:46:05,830 because you're struggling economically. You're much more likely to put that into 566 00:46:05,830 --> 00:46:11,330 the economy in increased consumer spending and demand if you understand that it is going 567 00:46:11,330 --> 00:46:18,160 to be something that you feel maybe not all at once but a little bit over a series of 568 00:46:18,160 --> 00:46:22,970 time, in that you can increase your demand by that much. That's the way the tax cut 569 00:46:22,970 --> 00:46:27,750 was structured. Obviously the marketers got kicked out of that meeting. Yes, ma'am. 570 00:46:27,750 --> 00:46:30,540 The Press: Robert, you guys have been very critical of 571 00:46:30,540 --> 00:46:34,490 Republicans on filibusters. So what message does the White House think it sends when on 572 00:46:34,490 --> 00:46:38,010 the jobs bill Senator Reid is practically forcing a filibuster by filing for cloture 573 00:46:38,010 --> 00:46:44,310 before there's been even a minute of floor debate and precluding the chance for any amendments? 574 00:46:44,310 --> 00:46:47,810 Mr. Gibbs: Well, again, this is not going to be the last 575 00:46:47,810 --> 00:46:54,810 bite of the apple that the Senate has. It's not -- these are four very bipartisan ideas. 576 00:46:56,740 --> 00:47:03,740 One of them is named by -- the name involves a Democrat senator and a Republican senator, 577 00:47:05,580 --> 00:47:12,580 by definition a bipartisan idea. Four elements that individually will garner bipartisan support 578 00:47:14,020 --> 00:47:19,110 and as a whole will garner bipartisan support. Again, this is not the last time that the 579 00:47:19,110 --> 00:47:23,260 Senate is going to take up measures that involve economic stability. 580 00:47:23,260 --> 00:47:26,200 The Press: But you guys aren't bothered by the way 581 00:47:26,200 --> 00:47:28,260 he's not allowing for any amendments or -- 582 00:47:28,260 --> 00:47:30,510 Mr. Gibbs: Look, again, we'll have plenty of time to 583 00:47:30,510 --> 00:47:34,520 go back and do -- we're going to need to extend unemployment benefits. We're going 584 00:47:34,520 --> 00:47:39,520 to need to extend small business lending. All of that will be part of this. Christy. 585 00:47:39,520 --> 00:47:41,520 The Press: Robert, there are reports that China has asked 586 00:47:41,520 --> 00:47:46,090 the White House to cancel its meeting with the Dalai Lama. Do you know if that's true? 587 00:47:46,090 --> 00:47:51,670 Mr. Gibbs: I know that obviously we discussed the fact 588 00:47:51,670 --> 00:47:57,720 that this meeting would happen on our trip to Beijing. Before I announced it we talked 589 00:47:57,720 --> 00:48:02,770 to them and said we're going to announce this meeting. I do not know -- I do not know 590 00:48:02,770 --> 00:48:08,920 if their specific reaction was to cancel it. If that was their specific reaction, the meeting 591 00:48:08,920 --> 00:48:15,200 will take place as planned next Thursday. 592 00:48:15,200 --> 00:48:15,950 The Press: Will the President discuss the shift to Tibetan independence with the Dalai Lama? 593 00:48:15,950 --> 00:48:16,690 Mr. Gibbs: You know, instead of -- we'll have a readout 594 00:48:16,690 --> 00:48:17,910 of what they do talk about as a result of that meeting. 595 00:48:17,910 --> 00:48:24,180 The Press: What is the official U.S. position on Tibetan independence? 596 00:48:24,180 --> 00:48:29,380 Mr. Gibbs: I will get that information to you after that meeting. Nice try, though. Yes, sir. 597 00:48:29,380 --> 00:48:32,210 The Press: Robert, I have a question for you on "don't 598 00:48:32,210 --> 00:48:34,010 ask, don't tell." Yesterday there was a report in Politico saying the White House 599 00:48:34,010 --> 00:48:36,510 hasn't provided Congress with a clear path forward on this issue following the President's 600 00:48:36,510 --> 00:48:42,250 State of the Union announcement. What kind of guidance is the President giving lawmakers 601 00:48:42,250 --> 00:48:47,320 as the Pentagon undertakes its review? And is the President expecting repeal legislation 602 00:48:47,320 --> 00:48:47,570 on his desk this year? 603 00:48:47,320 --> 00:48:48,670 Mr. Gibbs: The last part again? 604 00:48:48,670 --> 00:48:50,920 The Press: Is the President expecting repeal legislation on his desk this year? 605 00:48:50,920 --> 00:48:53,000 Mr. Gibbs: Well, again, the President outlined in the 606 00:48:53,000 --> 00:49:00,000 State of the Union, and you heard Secretary Gates and Admiral Mullen discuss a process 607 00:49:03,080 --> 00:49:09,210 that will take place, if that process results in legislation by year's end, the President 608 00:49:09,210 --> 00:49:16,210 would certainly sign it. I think most importantly, the President, the military, and others feel 609 00:49:18,260 --> 00:49:25,260 like we have the best process structure moving forward to end "don't ask, don't tell." 610 00:49:25,570 --> 00:49:32,570 Christy, on your thing, obviously the President will discuss with the Dalai Lama there his 611 00:49:35,810 --> 00:49:42,810 belief that he and the Chinese continue to discuss the issues that they have relating 612 00:49:47,110 --> 00:49:50,690 to Tibet, and I assume we'll have a readout after that. David, do you have anything? 613 00:49:50,690 --> 00:49:51,630 The Press: No. 614 00:49:51,630 --> 00:49:53,800 The Press: I have a follow-up, actually. 615 00:49:53,800 --> 00:49:54,820 Mr. Gibbs: Okay. 616 00:49:54,820 --> 00:49:58,780 The Press: Will the President support a legislative moratorium 617 00:49:58,780 --> 00:50:00,870 on discharges under "don't ask, don't tell" at this time until the Pentagon completes 618 00:50:00,870 --> 00:50:02,590 its review? 619 00:50:02,590 --> 00:50:09,590 Mr. Gibbs: I would point you to what the -- the testimony from Gates and Mullen in what that process 620 00:50:13,930 --> 00:50:20,220 will -- the process that will take place over the course of the next year. Yes, ma'am. 621 00:50:20,220 --> 00:50:25,210 The Press: On Tuesday at the news conference when the 622 00:50:25,210 --> 00:50:31,690 President talked about the jobs bill, back then he mentioned doing this incrementally. 623 00:50:31,690 --> 00:50:35,410 He used that word, "incrementally" -- 624 00:50:35,410 --> 00:50:42,410 Mr. Gibbs: I'm sorry, I can't hear you. 625 00:50:42,530 --> 00:50:43,310 The Press: At the news conference on Tuesday when the President talked about the jobs bill he mentioned 626 00:50:43,310 --> 00:50:44,040 doing it incrementally. So even back then, was he talking about either splitting it or 627 00:50:44,040 --> 00:50:44,290 doing it -- 628 00:50:44,230 --> 00:50:47,840 Mr. Gibbs: Again, they're ideas that were outlined -- they're ideas that the President outlined, 629 00:50:47,840 --> 00:50:54,840 again, in his speech in December and in the State of the Union that -- ideas that the 630 00:50:56,400 --> 00:51:01,800 House didn't pass, partly because their jobs package happened before his speech in 631 00:51:01,800 --> 00:51:08,800 December. There were different ideas that the Senate was considering, not all of which 632 00:51:11,230 --> 00:51:15,720 included the President's ideas. We didn't think then and we don't think now that this 633 00:51:15,720 --> 00:51:21,880 is a one-shot deal. And I think that's what's most important to keep in mind. Yes, sir. 634 00:51:21,880 --> 00:51:24,410 The Press: Given what you call the frustration with the 635 00:51:24,410 --> 00:51:29,230 sheer amount of cloture votes, has the President, the administration and through Senator Reid, 636 00:51:29,230 --> 00:51:34,040 ever talked about calling the Republicans bluff, making them go to an actual filibuster, 637 00:51:34,040 --> 00:51:36,450 especially over one of these non-controversial nominees -- 638 00:51:36,450 --> 00:51:40,970 Mr. Gibbs: Well, look, again, it's a process that takes 639 00:51:40,970 --> 00:51:47,970 an inordinate amount of time on something that shouldn't be controversial. I think 640 00:51:49,630 --> 00:51:55,210 instead of -- I think the best way to move forward is to go through each of the very 641 00:51:55,210 --> 00:52:02,210 qualified nominees that are held for no reason other than, in some cases last week, because 642 00:52:04,160 --> 00:52:11,160 somebody didn't get a couple of earmarks, and instead do this in a way that takes qualified 643 00:52:11,770 --> 00:52:16,780 individuals that have been nominated and allows them to serve in government. I think that's 644 00:52:16,780 --> 00:52:17,790 the -- that's the most important way. 645 00:52:17,790 --> 00:52:19,030 The Press: Robert, just two questions. 646 00:52:19,030 --> 00:52:19,750 Mr. Gibbs: All right. 647 00:52:19,750 --> 00:52:21,740 The Press: Chicago Tribune reports that five days after Scott Lee Cohen won the Democratic nomination 648 00:52:21,740 --> 00:52:28,740 for lieutenant governor of Illinois in the primary, Cohen withdrew after reports of beating 649 00:52:41,050 --> 00:52:48,050 his wife, using a knife to threaten a girlfriend prostitute, tax evasion, and use of anabolic 650 00:52:50,980 --> 00:52:52,920 steroids. And my question: Did the President ever have any concern about former lieutenant 651 00:52:52,920 --> 00:52:54,020 governor nominee Cohen being supported by Mayor Daley? 652 00:52:54,020 --> 00:52:56,400 Mr. Gibbs: I don't know who made what endorsements 653 00:52:56,400 --> 00:53:03,400 during the primary. Obviously the President, and many staffers here, were concerned about 654 00:53:05,060 --> 00:53:12,060 exactly what you read and think the right decision was made to leave the ticket. 655 00:53:13,790 --> 00:53:17,450 The Press: As the honorary President of the Boy Scouts 656 00:53:17,450 --> 00:53:22,230 of America, what is the President's reaction to the New York Post report that because the 657 00:53:22,230 --> 00:53:29,200 Scouts have a policy similar to our armed forces, "New York institutions are barring 658 00:53:29,200 --> 00:53:33,500 scouts from meeting or recruiting in all public schools"? 659 00:53:33,500 --> 00:53:37,880 Mr. Gibbs: I have not seen the New York Post report and 660 00:53:37,880 --> 00:53:38,130 can have somebody -- 661 00:53:37,960 --> 00:53:43,730 The Press: Well, does he think that it's fair for them to cut the Scouts out of this? How does he 662 00:53:43,730 --> 00:53:47,060 support -- does he disagree with the Scouts or what? (laughter) 663 00:53:47,060 --> 00:53:48,660 Mr. Gibbs: Where are you on this, Lester? Are you -- 664 00:53:48,660 --> 00:53:49,280 is this -- 665 00:53:49,280 --> 00:53:50,750 The Press: Nowhere. (laughter) 666 00:53:50,750 --> 00:53:54,740 Mr. Gibbs: Yes, I do know where. 667 00:53:54,740 --> 00:53:57,270 The Press: I support the Scouts. Do you support the Scouts? 668 00:53:57,270 --> 00:53:59,830 Mr. Gibbs: My son is -- we're constructing the pinewood derby car as we speak. (laughter) 669 00:53:59,830 --> 00:54:02,440 The Press: He's a Scout, your son is a Scout? 670 00:54:02,440 --> 00:54:05,460 Mr. Gibbs: He is, and I think he's going to be disappointed 671 00:54:05,460 --> 00:54:10,680 if his car doesn't do well, but his father tends to be constructionally challenged. Thanks, guys.