English subtitles for clip: File:4-21-09- White House Press Briefing.webm

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MR. GIBBS: My apologies for
being tardy -- I never worked in

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high school, but I ask
your patience on that.

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Let me make a couple of quick
announcements before I take some

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of your questions.

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First, on the Middle East.

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Following on a successful
meeting with King Abdullah of

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Jordan, the President has
invited other key partners in

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the effort to achieve a
comprehensive peace in the

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Middle East to the White
House in the coming weeks.

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We are actively working to
finalize dates for the visits of

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President Hosni Mubarak of
Egypt, Prime Minister Benjamin

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Netanyahu of Israel and
President Mahmoud Abbas of the

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Palestinian Authority.

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With each of them the President
will discuss ways the United

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States can strengthen and deepen
our partnerships with them, as

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well as the steps all parties
must take to help achieve peace

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between Israelis and
Palestinians and between Israel

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and the Arab states.

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Q: Separate or the same?

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MR. GIBBS: Separate meetings.

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No that would be -- we're going
to go to Europe and do it all in

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one day, just to keep
you guys on your toes.

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(Laughter.)

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No, it is likely going to be
all separately over the course

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of several weeks.

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Q: Several weeks --

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Q: Not in the same weeks?

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Q: So we can put down
our BlackBerrys.

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MR. GIBBS: I doubt it.

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Yes.

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(Laughter.)

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Q: All in May?

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MR. GIBBS: I don't have the
total guidance on whether or not

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it will be all in May, but --

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Q: By the end of May, do
you think -- before Normandy?

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Q: Yes, before Normandy?

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MR. GIBBS: I think in many
ways that's likely, yes.

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Lastly -- if you guys haven't
received a notice on this, you

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will soon -- the President will
hold a town hall meeting in

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suburban St. Louis, Missouri, on
April 29th, where he will give a

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progress report on the
administration and take

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questions from Missourians
about the administration's

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agenda looking forward.

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You all will get a travel
notification about that.

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Q: Next hundred days --

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Q hundred days --

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MR. GIBBS: Interesting.

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You guys are -- and you know,
Mark Knoller isn't even here and

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he would be so darn proud of
each and every one of you.

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(Laughter.)

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Go figure that we might want
to leave town on April 29th.

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Yes, indeed.

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Veritable Hallmark holiday.

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Mr. Babbington, wearing a
Carolina blue shirt but not a

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Carolina blue tie, go ahead.

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Q: Thanks for noticing.

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Thanks, Robert.

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A two-part question, if I may,
on CIA interrogation practices.

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The President said today that if
there is to be more inquiry into

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how these policies came about
that he'd like to see it outside

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of the typical hearing process
with independent participants

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who are above reproach
and have credibility.

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Is he envisioning maybe a panel
without members of Congress,

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something along the
9/11 Commission?

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MR. GIBBS: Well, I think in
general, without sort of getting

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into the specifics of who or
what might comprise something

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like that, I wouldn't preclude
any member of Congress from

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being part of that.

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I think the President said that
he is fearful that we are --

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this could become
overly politicized.

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And I think that the President
would see a 9/11 Commission as a

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-- to be, in all honesty, a
model for how any investigation

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or commission might be set
up because I think we can all

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understand that the 9/11
Commission was comprised of very

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respected members that, despite
being Democrats or Republicans,

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put their party identification
away in order to answer some

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very serious questions.

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So without prejudging whether a
commission should be set up, I

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think that's what he had in
mind in answering that question.

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Q: It sounded as though the
President took a somewhat

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different policy today than his
Chief of Staff did on Sunday

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regarding possible prosecution
of those who devised the policiy.

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The President said today,
regarding those who'd formulated

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these legal decisions, that
that's more of a decision for

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the Attorney General.

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And Rahm Emanuel said on Sunday,
for those who devised the

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policy, he -- being the
President -- believes they

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should not be prosecuted.

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Is that a shift in position?

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MR. GIBBS: Well, let's --
instead of referring to what

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anybody might have said, I think
it's important -- or anything

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that I might have said -- it's
important to refer to what the

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President said, and what he said
over the course of many months,

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in all honestly, because this
dates back to questions that he

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received -- has received in press conferences or even during

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the transition, and that is, very much as he said --

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reiterated today, that he says as a general deal, I think we

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should be looking
forward and not backward.

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The President has also said he
does not believe that people are

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above the rule of law.

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And the President stated
accurately that any

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determination as to whether a
law was broken would rightly be

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made not by the President but
by the chief law enforcement

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officer of the United States.

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Q: But it did seem like a sound
-- at least a difference in

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tone, if not policy, by
particularly saying the Attorney

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General would be the most
likely one to look at those who

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devise a policy.

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That sounds different from what
he has said in the past, where

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he always talked about
let's just move forward --

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MR. GIBBS: Well, again --

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Q -- and in fact,
Rahm Emanuel --

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MR. GIBBS: Well, again, whatever
confusion might exist, I think

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it's important -- again, the
President said throughout the

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campaign that he would leave
determinations on science in his

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administration to scientists;
that he would leave

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determinations about the law to
those in the Justice Department.

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And I think he reiterated
that today, that people aren't

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above the law.

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I do think it's important to
make a distinguishing -- to

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distinguish exactly what the
President said last week.

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The President believes and
was assured by the Justice

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Department that those that have
acted in good faith on what they

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believed was legal
won't be prosecuted.

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The President still
believes that.

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Yes, ma'am.

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Q: Robert, I just want to follow
up on Chuck's question, because

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it does seem that
there is a shift there.

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Because if you look at what the
President said today, he said,

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with regard to those who
formulated the legal decisions,

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he said that that was a decision
for the Attorney General, and he

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said he didn't want
to prejudge that.

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But Rahm Emanuel on Sunday
said that those who devise the

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policy, he believes that they
should -- that they were --

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should not be
prosecuted either, so --

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MR. GIBBS: Well, to clear up any confusion on anything that might

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have been said, I would point you to what the President said.

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Q: Did he have a change of
heart on this issue over the

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last few days?

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Is he --

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MR. GIBBS: No, I think the President, as I said, you can

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date back to the -- I think
was asked, at least I recall it

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being asked in the transition --
and discussed the rule of law,

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that nobody in the country
is above that rule of law.

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Q: And just on the issue of a
further accounting, which he

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talked about today and which
Chuck also asked you about, is

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he actively considering
a 9/11-type of panel?

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Is he --

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MR. GIBBS: No, I think --

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Q -- it seemed like he was trying to get at something like

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that, he said that he would
like to see something outside of

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the hearing process.

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MR. GIBBS: Well, I think he was
asked, if something were to be

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set up, how would it be set up.

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How would --

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Q: Right.

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But wouldn't he be
the one to set it up?

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MR. GIBBS: Not necessarily.

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I'm reminded that Congress has a
pretty big say in something like

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that, given their ability
and their lawmaking power.

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Q: Is he conferring
with people on that?

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MR. GIBBS: I will check if
it's something that's active.

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Again, the President's
position is to look forward.

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If there are those that want to
look back, I think the President

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strongly believes that anything
has to be done in a way that

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doesn't, as he said today,
doesn't overly politicize and

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hamper either the ability of
anybody involved to carry out

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the functions of their
job or the functions that

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protect our country.

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Yes, sir.

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Q: Robert, what changed over
the last 24 hours, though?

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Because yesterday you were flat
in saying that we're not going

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there, as Rahm was on Sunday.

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And in the last 24 hours we've
seen groups like moveon.org on

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the left come out and write a
petition to the Attorney General

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saying they want accountability
from the Bush administration.

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Is this an example of this White
House giving in to pressure

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from the left?

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MR. GIBBS: I don't -- I have
not, and I doubt the President

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has been on moveon.org in
the last 24 hours, so, no.

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Q: Okay.

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But then why was Rahm so firm
on Sunday, and you were firm

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yesterday in this very
room; what changed?

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MR. GIBBS: Again, to clear up
any of the confusion, I would

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simply say that the President
reiterated that there is --

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that, as he said, his general
posture is to look forward, and

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that at the same time,
nobody is above the law.

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Q: Why would there be any
confusion, as you call it?

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I don't understand.

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This is a pretty
straightforward topic.

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MR. GIBBS: Well, I predicated
your question then posited some

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confusion with acknowledgment.

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Q: Did you misspeak?

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Or did Rahm misspeak?

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MR. GIBBS: You know, I --
whether or not anybody was

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confused or misspoke, I would
take what the President said as

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-- I'm informed he got more votes than either of the two of us.

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Q: Can I follow on -- Vice
President Cheney yesterday

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weighed in on this and said he
found it disturbing that the

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President put these memos out.

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And he also is charging, if
you can answer, that this White

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House basically selectively
declassified some of these

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torture memos, and that there
are other memos somewhere in the

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CIA that would show that the
interrogation actually yielded

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what the former Vice President
would call good intelligence

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that prevented terror attacks.

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How do you answer that?

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MR. GIBBS: Well, I would suggest
that you contact the CIA.

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You might be --

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Q: Well, they're not about to turn these over to me or anyone

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else in this room?

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MR. GIBBS: Including me.

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(Laughter.)

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Q: But if the President wanted
to declassify it, he could.

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He just declassified it --

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MR. GIBBS: Yes, I would --

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Q: So the question is, are there other memos that you're keeping under wraps?

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MR. GIBBS: And I just
said, I don't know.

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Again, that's why I would -- I
know sometimes when I ask you to

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contact the agencies with the
wherewithal to answer your

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questions, you think that I'm
not answering your question.

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But as you just said, they're
not going to give them to you,

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they're coincidentally not
going to give them to me.

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And I think the best place to ask about their existence is the CIA.

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Q: Okay, last point is Vice
President Cheney saying he's

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disturbed by all of this.

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MR. GIBBS: Well, you know, I --
we've had a at least two-year

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policy disagreement with the Vice President of the United

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States of America.

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That policy disagreement is
whether or not you can uphold

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the values in which this country
was founded at the same time

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that you protect the citizens
that live in that country.

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The President of the United
States and this administration

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believes that you can.

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The Vice President has
come to, in our opinion,

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a different conclusion.

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But, again, this was a -- this
has been a policy disagreement

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for at least the better part
of two years, maybe longer than

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that, I'd have to
go back and look.

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But, you know, the President
-- the Vice President was also

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happy to talk about the way
we're conducting our foreign

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policy, which has also been a
several-year disagreement with

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the Vice President.

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The President of the United
States, President Obama has on

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his first two foreign trips
changed the image of America

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around the world through
leadership and engagement that

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advances our national interests,
makes us safer and more

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secure, and stronger.

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I think that's the main
disagreement that we have with

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the Vice President.

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Q: So as we come to the end of
his first hundred days is the

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President's hope of
bipartisanship dead now or -- I

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mean, you've got various
Republicans saying --

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MR. GIBBS: Tell the
Vice President that --

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Q: No, various Republicans also beyond the former Vice President 

256
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saying the President has been weak, the photos with Chavez.

257
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Do you have any hope of
moving forward and having

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bipartisanship in the
second first hundred -- the

259
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second hundred days?

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MR. GIBBS: The second
first hundred days?

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Q: Can the rest of us leave?

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(Laughter.)

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MR. GIBBS: No, please stay.

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(Laughter.)

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The President, as I've said and as the President has continued

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to do, will reach out to those that want to work with him on

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the priorities in making
our country not just safer,

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but stronger economically.

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In terms of -- again, the Vice
President had a particular way

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of conducting the foreign
policy of this country.

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The election, I think, spoke to a change in the way that foreign

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policy is done, as I said
yesterday, in order to make

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us more secure.

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Again, I'll back this up and
give the answer to some of you

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that I did yesterday.

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Go pull the pictures of
three years ago at the Summit

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00:14:19,033 --> 00:14:22,303
of the Americas.

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Maybe the former Vice President
of the United States thinks we

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are more secure in the important
region of the world of Latin

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00:14:28,533 --> 00:14:38,863
America with thousands of
protestors burning in effigy

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00:14:38,867 --> 00:14:42,697
something that looks like
leaders or an American flag.

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I don't think the President --
the current President of the

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United States
doesn't believe that.

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Let's break the tie.

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00:14:49,300 --> 00:14:51,930
(Inaudible) me, take
the Vice President, take

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the current President.

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I've been asked on occasion
what did -- about Prime Minister

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Harper of Canada, who talked to
NBC yesterday and said, let me

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00:15:03,300 --> 00:15:07,330
be a bit of a conservative
defender of the President -- so

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we'll posit him on one side
of the political spectrum: "I

291
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thought President Obama did an
excellent job of expressing the

292
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values and priorities of the
United States of America.

293
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I thought he allowed a dialogue
to take place in a good spirit

294
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to animate the room.

295
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And I thought the
meetings were productive.

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I think it made the United
States -- took the United States

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to a higher plane than the
Venezuelans of the world.

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And I think it was very
effective at moving the vast

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majority of countries,
reaffirming a very centrist

300
00:15:37,300 --> 00:15:40,700
position and a very progressive
position on the things that

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concern us: democracy, human
rights, open markets, trade.

302
00:15:46,266 --> 00:15:48,996
I know he got some criticism, but you know, the U.S. is bigger

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than Venezuela in the end.

304
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The U.S. is the U.S.

305
00:15:54,133 --> 00:15:56,763
And I thought President Obama
led in a way that was very

306
00:15:56,767 --> 00:15:59,337
effective at the conference."

307
00:15:59,333 --> 00:16:04,863
So maybe that's the best summation for the Vice

308
00:16:04,867 --> 00:16:09,267
President's criticism of a
change in our foreign policy.

309
00:16:09,266 --> 00:16:11,896
Q: With 60 votes we
can stop a filibuster.

310
00:16:11,900 --> 00:16:15,270
MR. GIBBS: We have 60 -- Jake.

311
00:16:15,266 --> 00:16:16,696
(Laughter.)

312
00:16:16,700 --> 00:16:20,230
Q: Is the President of the belief or in possession of

313
00:16:20,233 --> 00:16:24,803
information that members of
the Bush administration who

314
00:16:24,800 --> 00:16:30,930
formulated these interrogation
policies broke the law?

315
00:16:30,934 --> 00:16:32,634
MR. GIBBS: Again, I think I
would point you to the comments

316
00:16:32,633 --> 00:16:36,363
that the President made today,
that a determination of who --

317
00:16:36,367 --> 00:16:41,167
of whether a law was broken
or who broke a law was not a

318
00:16:41,166 --> 00:16:44,696
determination that would be
made inside the confines of

319
00:16:44,700 --> 00:16:46,230
the White House.

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00:16:46,233 --> 00:16:49,603
It would rightly be made
inside the confines of

321
00:16:49,600 --> 00:16:50,900
the Justice Department.

322
00:16:50,900 --> 00:16:55,030
Q: But I would be the fourth of
four that has pointed out that

323
00:16:55,033 --> 00:16:58,003
there is at least some
rhetorical change between what

324
00:16:58,000 --> 00:17:01,030
the administration has said in
the past on this question of

325
00:17:01,033 --> 00:17:03,833
prosecution, and what
the President said today.

326
00:17:03,834 --> 00:17:07,904
And I'm just wondering
what changed.

327
00:17:07,900 --> 00:17:12,130
MR. GIBBS: The President was clear, and I would go with
what --

328
00:17:12,133 --> 00:17:14,003
Q: But he hasn't used
language like that in the past.

329
00:17:14,000 --> 00:17:15,130
He hasn't said --

330
00:17:15,133 --> 00:17:16,033
MR. GIBBS: Well, no, no, no.

331
00:17:16,033 --> 00:17:18,903
I don't -- I think the President -- we'll pull it for you, specifically.

332
00:17:18,900 --> 00:17:19,630
I mean, I --

333
00:17:19,633 --> 00:17:20,633
Q: We've all read it.

334
00:17:20,633 --> 00:17:21,563
MR. GIBBS: Excellent.

335
00:17:21,567 --> 00:17:22,397
We're ahead of the game.

336
00:17:22,400 --> 00:17:25,170
Never mind.

337
00:17:25,166 --> 00:17:27,636
I think when the President states that people are above the

338
00:17:27,633 --> 00:17:31,903
rule of law that he expects that the laws of the United States of

339
00:17:31,900 --> 00:17:33,670
America will be upheld.

340
00:17:33,667 --> 00:17:35,797
Q: But has he -- I guess the
question is, has he learned

341
00:17:35,800 --> 00:17:37,670
anything since those
previous comments --

342
00:17:37,667 --> 00:17:38,297
MR. GIBBS: Not
that I'm aware of.

343
00:17:38,300 --> 00:17:39,230
Q: -- to (inaudible)
his language --

344
00:17:39,233 --> 00:17:40,263
MR. GIBBS: Not that
I'm aware of, no.

345
00:17:40,266 --> 00:17:40,866
Chip.

346
00:17:40,867 --> 00:17:43,137
Q: Are you suggesting, are
you saying, that there was

347
00:17:43,133 --> 00:17:47,133
absolutely no change
in policy today?

348
00:17:47,133 --> 00:17:52,003
MR. GIBBS: I would -- again, I'd point you to what the President said.

349
00:17:52,000 --> 00:17:53,100
It's --

350
00:17:53,100 --> 00:17:55,530
Q: Did he change his
policy today with regard to --

351
00:17:55,533 --> 00:17:56,933
MR. GIBBS: I don't think so, no.

352
00:17:56,934 --> 00:17:59,734
I think, again, the President
has stated on any number of

353
00:17:59,734 --> 00:18:06,964
occasions -- and as he stated
today -- in saying, I think we

354
00:18:06,967 --> 00:18:10,497
should be looking
forward and not backward.

355
00:18:10,500 --> 00:18:13,930
I don't think it's altogether
newsworthy that the President

356
00:18:13,934 --> 00:18:16,164
believes that the laws of the
country should be upheld -- at

357
00:18:16,166 --> 00:18:17,566
least, let's hope not.

358
00:18:17,567 --> 00:18:21,567
Q: But didn't he leave the
door open to the kind of we're talking about?

359
00:18:21,567 --> 00:18:22,597
He left the door open.

360
00:18:22,600 --> 00:18:24,900
MR. GIBBS: Well, I think the
President understands that if

361
00:18:24,900 --> 00:18:29,230
there -- the President commented
on what a panel might look like

362
00:18:29,233 --> 00:18:31,233
if it were to be set up.

363
00:18:31,233 --> 00:18:34,503
Whether that determination is
made by members of Congress to

364
00:18:34,500 --> 00:18:37,670
do such a thing -- and I've
been asked in this room about

365
00:18:37,667 --> 00:18:41,097
different ideas for different
panels to look into many

366
00:18:41,100 --> 00:18:42,670
of those instances.

367
00:18:42,667 --> 00:18:44,737
Q: But he certainly didn't oppose the idea of a panel, and

368
00:18:44,734 --> 00:18:49,604
if he's willing to go along
with it, he's looking backwards.

369
00:18:49,600 --> 00:18:51,700
MR. GIBBS: His general --
that's why he didn't propose it,

370
00:18:51,700 --> 00:18:54,500
because he's looking forward.

371
00:18:54,500 --> 00:18:55,270
Chuck.

372
00:18:55,266 --> 00:18:56,136
Q: Let me ask you
another question.

373
00:18:56,133 --> 00:18:56,433
MR. GIBBS: Sure.

374
00:18:56,433 --> 00:18:57,233
Q: Has he talked
to the Attorney --

375
00:18:57,233 --> 00:18:58,233
MR. GIBBS: Are you
going to filibuster?

376
00:18:58,233 --> 00:18:58,803
(Laughter.)

377
00:18:58,800 --> 00:19:01,730
Q: Has he talked to the --
you don't have 60 votes.

378
00:19:01,734 --> 00:19:02,464
(Laughter.)

379
00:19:02,467 --> 00:19:05,237
Q: Has he talked to the
Attorney General about this?

380
00:19:05,233 --> 00:19:06,163
MR. GIBBS: Don't I know.

381
00:19:06,166 --> 00:19:07,996
(Laughter.)

382
00:19:08,000 --> 00:19:11,630
Q: Is there a possibility that the Attorney General was blind

383
00:19:11,633 --> 00:19:14,403
-- and the Justice Department
were blind-sided by this?

384
00:19:14,400 --> 00:19:15,400
MR. GIBBS: Blind-sided by?

385
00:19:15,400 --> 00:19:22,030
Q: By his non-change in policy today by what he said today?

386
00:19:22,033 --> 00:19:25,833
Or did he talk to the Attorney
General about this ahead of time?

387
00:19:25,834 --> 00:19:27,304
MR. GIBBS: About the commission?

388
00:19:27,300 --> 00:19:30,100
Q: About what he said
today in the Oval Office.

389
00:19:30,100 --> 00:19:32,300
Q: Not the commission part,
the Attorney General part.

390
00:19:32,300 --> 00:19:33,330
Q: To the prosecution.

391
00:19:33,333 --> 00:19:34,703
Q: Yes, about prosecution.

392
00:19:34,700 --> 00:19:36,970
MR. GIBBS: See,
there's confusion.

393
00:19:36,967 --> 00:19:40,267
I don't know when the President
last spoke to the Attorney General.

394
00:19:40,266 --> 00:19:42,536
I mean, obviously the Attorney
General was involved in

395
00:19:42,533 --> 00:19:48,763
discussions last week about
the release of OLC memos.

396
00:19:48,767 --> 00:19:49,567
Chuck.

397
00:19:49,567 --> 00:19:54,667
Q: I guess I'm confused by the
rule of law comment, which is,

398
00:19:54,667 --> 00:19:58,797
the President wants to make the
exception for the interrogators

399
00:19:58,800 --> 00:20:03,300
that carried out the policy and
not hold them accountable, but

400
00:20:03,300 --> 00:20:07,230
potentially leaves open the door
for holding the lawyers that

401
00:20:07,233 --> 00:20:10,033
wrote the opinions about
the legality of this.

402
00:20:10,033 --> 00:20:14,833
So he is making an exception
rather than saying -- is that not right?

403
00:20:14,834 --> 00:20:15,904
MR. GIBBS: No, no.

404
00:20:15,900 --> 00:20:17,830
You're right, you're confused.

405
00:20:17,834 --> 00:20:24,234
The President and the Attorney
General, in both of their

406
00:20:24,233 --> 00:20:33,403
statements, said that you have
applicators of a policy that

407
00:20:33,400 --> 00:20:39,530
acted in good faith on what
they were told to be legally

408
00:20:39,533 --> 00:20:45,203
permissible, and that those
people should not be prosecuted.

409
00:20:45,200 --> 00:20:51,100
The President also said today
that no one should be above the law.

410
00:20:51,100 --> 00:20:56,700
The President's determination --
I guess it's a little bit
like --

411
00:20:56,700 --> 00:20:58,730
Q: I've watched "A Few Good Men" one too many times, I guess.

412
00:20:58,734 --> 00:21:01,204
But if you're going to start --

413
00:21:01,200 --> 00:21:02,930
MR. GIBBS: I was going to do a line, but I just stopped --

414
00:21:02,934 --> 00:21:06,204
(laughter) -- you know, sort of like, "Can you handle the truth, Chuck?"

415
00:21:06,200 --> 00:21:08,170
Q: If you're going to keep going
up the ladder here, then where

416
00:21:08,166 --> 00:21:09,196
does it stop?

417
00:21:09,200 --> 00:21:11,630
MR. GIBBS: Well, that's a
determination for the legal

418
00:21:11,633 --> 00:21:13,903
department to make.

419
00:21:13,900 --> 00:21:15,070
Again, Chuck, I --

420
00:21:15,066 --> 00:21:17,136
Q: Those would be bosses of those folks who wrote the legal opinion.

421
00:21:17,133 --> 00:21:19,133
So then does it become
Alberto Gonzales?

422
00:21:19,133 --> 00:21:21,203
Then does it become the
President of the -- former President?

423
00:21:21,200 --> 00:21:22,400
I mean, where does it --

424
00:21:22,400 --> 00:21:24,570
MR. GIBBS: Well, no, no -- I think it is important to

425
00:21:24,567 --> 00:21:27,737
understand that the President has stated on any number of

426
00:21:27,734 --> 00:21:31,404
occasions that he's not the chief law enforcement officer

427
00:21:31,400 --> 00:21:33,570
of the United States of America.

428
00:21:33,567 --> 00:21:36,137
We've got pretty good historical
examples of what the Attorney

429
00:21:36,133 --> 00:21:39,233
General's power is.

430
00:21:39,233 --> 00:21:44,233
I think a determination as to
whether a law was broken should

431
00:21:44,233 --> 00:21:47,233
be made by the
Justice Department.

432
00:21:47,233 --> 00:21:51,463
Q: And then if a law was broken
in the interpretation of it, the

433
00:21:51,467 --> 00:21:55,237
people that were carrying it out
are not held responsible in this case.

434
00:21:55,233 --> 00:21:56,533
MR. GIBBS: Well, I
mean, I think --

435
00:21:56,533 --> 00:21:58,363
Q: That's a flat determination you guys have made.

436
00:21:58,367 --> 00:22:02,767
MR. GIBBS: Yes, because they're
acting in accordance with and in

437
00:22:02,767 --> 00:22:06,637
good -- in the good faith of
understanding what someone told

438
00:22:06,633 --> 00:22:10,903
them was legally
permissible to do.

439
00:22:10,900 --> 00:22:16,030
You know, if somebody tells you
the speed limit is 55, and then

440
00:22:16,033 --> 00:22:22,203
you get pulled over for doing 55
and they say, well, sorry, sir,

441
00:22:22,200 --> 00:22:29,570
the speed limit shouldn't be 55
-- well, you're following the law.

442
00:22:29,567 --> 00:22:31,397
Q: Yet if you're in -- have an
ignorance of the law, that's

443
00:22:31,400 --> 00:22:34,030
usually not an excuse.

444
00:22:34,033 --> 00:22:36,703
MR. GIBBS: Well, I think the
existing -- the existence of the

445
00:22:36,700 --> 00:22:41,770
memos removes the notion that
somebody was acting in ignorance

446
00:22:41,767 --> 00:22:42,767
of the law.

447
00:22:42,767 --> 00:22:44,137
Q: Well, let the record show these are two non-lawyers

448
00:22:44,133 --> 00:22:46,163
having -- (laughter) --
having a conversation.

449
00:22:46,166 --> 00:22:49,696
One other question is, both Senators Feinstein -- what seems

450
00:22:49,700 --> 00:22:52,930
to have changed between Sunday, yesterday, and today, both

451
00:22:52,934 --> 00:22:57,364
Senators Feinstein and Feingold both seem to be more -- both

452
00:22:57,367 --> 00:23:03,737
seem to take issue with what Rahm said on Sunday about this.

453
00:23:03,734 --> 00:23:05,834
Did this have some influence on
what the President said today?

454
00:23:05,834 --> 00:23:07,604
MR. GIBBS: Not that
I'm aware of, no.

455
00:23:07,600 --> 00:23:09,000
Laura.

456
00:23:09,000 --> 00:23:10,800
Q: Two questions, the first, just following up on this.

457
00:23:10,800 --> 00:23:14,100
I guess my question is that if
the Justice Department is going

458
00:23:14,100 --> 00:23:17,100
to review whether prosecutions
are appropriate for those who

459
00:23:17,100 --> 00:23:18,670
formulated the policy --

460
00:23:18,667 --> 00:23:21,567
MR. GIBBS: Let's understand what the Justice Department would review.

461
00:23:21,567 --> 00:23:27,167
The Justice Department would
review whether or not a law was broken.

462
00:23:27,166 --> 00:23:28,896
That's what the Justice --

463
00:23:28,900 --> 00:23:31,030
Q: In formulating the policy.

464
00:23:31,033 --> 00:23:34,763
MR. GIBBS: Well, they're sort of
the -- they make the -- they're

465
00:23:34,767 --> 00:23:37,997
the ones that determine whether the laws of the country are

466
00:23:38,000 --> 00:23:39,330
being upheld, yes.

467
00:23:39,333 --> 00:23:41,803
Q: But by -- right, because it
is the actors they're looking at

468
00:23:41,800 --> 00:23:44,470
are the policymakers,
and ultimately --

469
00:23:44,467 --> 00:23:46,597
MR. GIBBS: Well, I think their charge is ultimate -- their

470
00:23:46,600 --> 00:23:50,430
larger charge is to look at whether the rule of law is being followed.

471
00:23:50,433 --> 00:23:54,803
In specific example, they would
determine whether or not a law was broken.

472
00:23:54,800 --> 00:23:55,370
Q: Right.

473
00:23:55,367 --> 00:23:56,897
Well, in this specific example,
where they're determining

474
00:23:56,900 --> 00:24:00,430
whether a law was broken in the
formulation of the policy, my

475
00:24:00,433 --> 00:24:04,263
question would be, since
ultimately, as we all well know,

476
00:24:04,266 --> 00:24:08,336
decisions on policy are finally
-- the final decision is made by

477
00:24:08,333 --> 00:24:11,663
the President, why would that
not be something you'd hold the

478
00:24:11,667 --> 00:24:12,967
President accountable for?

479
00:24:12,967 --> 00:24:15,097
MR. GIBBS: I don't think -- the
President doesn't determine who

480
00:24:15,100 --> 00:24:17,970
the Attorney General charges
with breaking the laws of this country.

481
00:24:17,967 --> 00:24:22,537
Q: No, I'm talking about the
last President, the previous President.

482
00:24:22,533 --> 00:24:24,363
I'm saying that those
legal opinions --

483
00:24:24,367 --> 00:24:24,837
MR. GIBBS: You confused me.

484
00:24:24,834 --> 00:24:26,204
Q: Okay, I'm sorry,
let me try again.

485
00:24:26,200 --> 00:24:27,270
MR. GIBBS: All right,
try one more time.

486
00:24:27,266 --> 00:24:31,136
Q: Those legal opinions that
formulated policies that led to

487
00:24:31,133 --> 00:24:34,533
torture by this country, those
opinions were drafted by lawyers

488
00:24:34,533 --> 00:24:37,433
who worked for the Justice
Department, but they were not --

489
00:24:37,433 --> 00:24:40,503
they were approved by the former
President of the United States.

490
00:24:40,500 --> 00:24:44,200
He's the one who makes the final
decision on a decision like that.

491
00:24:44,200 --> 00:24:48,600
So why would, logically
speaking, if the Attorney

492
00:24:48,600 --> 00:24:50,870
General is going to be
reviewing, as he said right

493
00:24:50,867 --> 00:24:53,597
here, with respect to those
who formulated those legal

494
00:24:53,600 --> 00:24:55,900
decisions, ultimately the
decision on those legal

495
00:24:55,900 --> 00:24:57,400
decisions was the President's.

496
00:24:57,400 --> 00:25:01,070
Why would he not logically be
in at least part of the review?

497
00:25:01,066 --> 00:25:04,666
MR. GIBBS: I shouldn't, in this
instance, speak either for the

498
00:25:04,667 --> 00:25:08,497
Justice Department or speak
in absence of a review about

499
00:25:08,500 --> 00:25:11,770
whether the rule of
law was carried out.

500
00:25:11,767 --> 00:25:13,937
I just think it's --

501
00:25:13,934 --> 00:25:16,104
Q: Is there something
wrong with my logic?

502
00:25:16,100 --> 00:25:18,200
MR. GIBBS: No, I think it
might be ahead of anything that

503
00:25:18,200 --> 00:25:22,870
determines what has happened.

504
00:25:22,867 --> 00:25:24,237
Q: Can I just ask
about something else?

505
00:25:24,233 --> 00:25:24,903
MR. GIBBS: Sure.

506
00:25:24,900 --> 00:25:26,800
Q: It might be a relief for you
to have a question on something

507
00:25:26,800 --> 00:25:29,800
else, which is, would you
say that the meetings you've

508
00:25:29,800 --> 00:25:32,400
announced on the Middle East
coming up are a sign that the

509
00:25:32,400 --> 00:25:36,030
review that was underway on
Middle East policy is concluded

510
00:25:36,033 --> 00:25:39,933
and the U.S. is ready to
push for a two-state solution?

511
00:25:39,934 --> 00:25:47,734
MR. GIBBS: Well, the President,
even in reviewing how we move

512
00:25:47,734 --> 00:25:54,604
forward and are best able to
help the two sides create a

513
00:25:54,600 --> 00:25:59,800
lasting peace, has spoken
in favor of and continues to

514
00:25:59,800 --> 00:26:02,670
support a two-state solution.

515
00:26:02,667 --> 00:26:04,567
Q: So that's -- so that's what
this is all about, is the U.S.

516
00:26:04,567 --> 00:26:06,067
trying to move that
process forward.

517
00:26:06,066 --> 00:26:07,366
MR. GIBBS: Yes.

518
00:26:07,367 --> 00:26:09,767
Q: Just to follow up on that, the use of the word "abyss" by

519
00:26:09,767 --> 00:26:15,167
the President today really
connotes some sense of urgency.

520
00:26:15,166 --> 00:26:18,066
Is there some reason, some
concrete reason, that he's

521
00:26:18,066 --> 00:26:21,796
taking his involvement to
another level now by inviting

522
00:26:21,800 --> 00:26:23,600
all these other leaders in here?

523
00:26:23,600 --> 00:26:26,830
MR. GIBBS: No, I think in many
ways this is a continuation of

524
00:26:26,834 --> 00:26:30,234
what the President began
the very first day of his

525
00:26:30,233 --> 00:26:34,863
administration -- very -- since
you and Mark share a seat, the

526
00:26:34,867 --> 00:26:38,737
very first full day of his
administration -- so as not to

527
00:26:38,734 --> 00:26:41,334
get all the counting off.

528
00:26:41,333 --> 00:26:48,333
But, you know, the President,
in -- I guess the overlap isn't

529
00:26:48,333 --> 00:26:54,733
complete, but the President on
that first full day made calls

530
00:26:54,734 --> 00:26:57,864
to many of the same people
that -- granted, one of the

531
00:26:57,867 --> 00:27:00,567
governments, obviously in
Israel, has changed -- but many

532
00:27:00,567 --> 00:27:10,737
of the same actors and heads
of state -- to reaffirm this

533
00:27:10,734 --> 00:27:18,634
administration's commitment to
acting in a way that helps the

534
00:27:18,633 --> 00:27:20,863
two sides create
that lasting peace.

535
00:27:20,867 --> 00:27:25,967
I think the involvement of what
the President is doing in these

536
00:27:25,967 --> 00:27:31,467
meetings is simply an extension
of what he started a few months ago.

537
00:27:31,467 --> 00:27:34,597
Q: But what does he mean;
what's the "abyss"?

538
00:27:34,600 --> 00:27:36,700
MR. GIBBS: I have to admit,
I did not catch that part.

539
00:27:36,700 --> 00:27:37,800
Do you have that sentence?

540
00:27:37,800 --> 00:27:39,600
I didn't --

541
00:27:39,600 --> 00:27:42,430
Q: I've got it right in front
of me here, but he warned them

542
00:27:42,433 --> 00:27:45,933
about approaching this abyss.

543
00:27:45,934 --> 00:27:48,664
MR. GIBBS: Let me check on
that and I'll get back to -- go ahead.

544
00:27:48,667 --> 00:27:51,937
Q: On the Mideast, is it fair
to say that the President, with

545
00:27:51,934 --> 00:27:56,904
this fresh batch of invitations
today, the fact that he's got --

546
00:27:56,900 --> 00:27:59,800
Mitchell has been in the Mideast
at least three times since

547
00:27:59,800 --> 00:28:05,170
January -- that there's a new
pushing or a prodding to get

548
00:28:05,166 --> 00:28:06,496
something -- is that fair --

549
00:28:06,500 --> 00:28:07,100
MR. GIBBS: Absolutely.

550
00:28:07,100 --> 00:28:10,900
I mean, again -- but I don't --
it didn't start today, it didn't

551
00:28:10,900 --> 00:28:14,130
start yesterday, or didn't start
with the invitation for --

552
00:28:14,133 --> 00:28:15,333
Q: Today was another peg --

553
00:28:15,333 --> 00:28:16,603
MR. GIBBS: Right, absolutely.

554
00:28:16,600 --> 00:28:19,470
I mean, King Abdullah was here,
and obviously an important

555
00:28:19,467 --> 00:28:23,237
player in the region as it
relates to moving this forward.

556
00:28:23,233 --> 00:28:26,963
But again, I think the President
spoke throughout the campaign

557
00:28:26,967 --> 00:28:32,597
about the simple notion that
it is in the interest of this

558
00:28:32,600 --> 00:28:36,830
country to seek that lasting
peace, and that this country

559
00:28:36,834 --> 00:28:46,704
should be engaged in a
constructive role to move that

560
00:28:46,700 --> 00:28:50,970
process forward and to be
engaged in it early and often,

561
00:28:50,967 --> 00:28:52,237
as he's done.

562
00:28:52,233 --> 00:28:55,363
Q: Here's the "abyss" quote, by the way, Chuck gave it to me.

563
00:28:55,367 --> 00:28:58,367
"What we want to do is to step back from the abyss, to say, as

564
00:28:58,367 --> 00:29:03,067
hard as it is, as difficult as it may be, the prospect of peace still exists."

565
00:29:03,066 --> 00:29:09,296
MR. GIBBS: Well, I think in --
I think what the President meant

566
00:29:09,300 --> 00:29:15,500
there was, obviously we've seen
over the course of the last few

567
00:29:15,500 --> 00:29:27,800
months, you've seen news that
might lead you to believe that

568
00:29:27,800 --> 00:29:30,700
peace in the region
wasn't possible.

569
00:29:30,700 --> 00:29:34,800
I think the President has always
believed that it is and that it

570
00:29:34,800 --> 00:29:39,970
can be primarily because the
United States can play a role,

571
00:29:39,967 --> 00:29:48,597
an active role, an engaged role,
in helping to move that peace forward.

572
00:29:48,600 --> 00:29:53,070
Q: Robert, I'd like to follow up
on another question, if I may.

573
00:29:53,066 --> 00:29:56,196
The President visited
Caterpillar in February -- part

574
00:29:56,200 --> 00:30:00,200
of the stimulus rally just
a few days before passing.

575
00:30:00,200 --> 00:30:04,300
Caterpillar was out today with
its earnings, and it took the

576
00:30:04,300 --> 00:30:09,730
occasion to call the stimulus
package was -- calling it disappointing.

577
00:30:09,734 --> 00:30:12,904
It said it missed an
opportunity to correct past

578
00:30:12,900 --> 00:30:19,100
under-investment, and said the
package was less effective than China's.

579
00:30:19,100 --> 00:30:22,170
Jim Owens, the CEO's good
friend, he's on the recovery

580
00:30:22,166 --> 00:30:23,966
board, if I recall.

581
00:30:23,967 --> 00:30:25,697
I was just wondering
if you had any comment.

582
00:30:25,700 --> 00:30:33,300
MR. GIBBS: Well, I -- yes, I
mean, look, I think -- I mean, I

583
00:30:33,300 --> 00:30:39,230
think part of what -- part of
-- well, let's take a couple of

584
00:30:39,233 --> 00:30:40,733
different ways of
looking at this.

585
00:30:40,734 --> 00:30:46,064
One, understand that the
investment made through the

586
00:30:46,066 --> 00:30:50,296
recovery and reinvestment plan
represented the single greatest

587
00:30:50,300 --> 00:30:54,030
infrastructure investment in
this country since Dwight David

588
00:30:54,033 --> 00:30:59,203
Eisenhower conceptualized and
built the interstate highway system.

589
00:30:59,200 --> 00:31:03,000
The President is in strong
agreement with many that believe

590
00:31:03,000 --> 00:31:09,130
for quite some time our
infrastructure needs have been neglected.

591
00:31:09,133 --> 00:31:15,233
That's exactly why the President
believed we could get people in

592
00:31:15,233 --> 00:31:19,103
the short term back to work and
in the long term to build the

593
00:31:19,100 --> 00:31:23,230
economic foundation that we've
talked about many times --

594
00:31:23,233 --> 00:31:30,663
infrastructure being part of
that -- that can create jobs for the future.

595
00:31:30,667 --> 00:31:35,167
There's always been a tension in
the stimulus bill about -- and

596
00:31:35,166 --> 00:31:39,496
you guys ask me many times what
percentage of spending can be

597
00:31:39,500 --> 00:31:44,230
accomplished in a two-year or
year-and-a-half time frame,

598
00:31:44,233 --> 00:31:51,133
what's the spend-out rate, all
these intricate CBO numbers.

599
00:31:51,133 --> 00:31:54,333
I think in some ways there's
a tension between some

600
00:31:54,333 --> 00:31:58,263
infrastructure projects which
are being funded through the

601
00:31:58,266 --> 00:32:05,836
reinvestment plan -- 2,000
approved to date -- that are in

602
00:32:05,834 --> 00:32:09,704
accordance with the definition
of recovery and stimulus, and

603
00:32:09,700 --> 00:32:13,200
then there's long-term projects.

604
00:32:13,200 --> 00:32:17,830
The President has been actively
involved and has met with

605
00:32:17,834 --> 00:32:22,604
Governor Schwarzenegger and
Mayor Bloomberg about the

606
00:32:22,600 --> 00:32:26,200
important decisions that are
going to be upcoming about the

607
00:32:26,200 --> 00:32:29,800
long-term transportation
policy of our country as it's

608
00:32:29,800 --> 00:32:36,500
enumerated every four or five
years in a larger transportation funding bill.

609
00:32:36,500 --> 00:32:40,030
I think in many ways, without
having read the story or the

610
00:32:40,033 --> 00:32:45,103
report, I think in many ways
there's a tension between what's

611
00:32:45,100 --> 00:32:47,900
a infrastructure project, what's
a stimulus project, how they

612
00:32:47,900 --> 00:32:51,630
overlap, and why.

613
00:32:51,633 --> 00:32:57,363
All that's to say the President
believes that we do have urgent

614
00:32:57,367 --> 00:32:59,837
infrastructure needs
that need to be met.

615
00:32:59,834 --> 00:33:04,164
He'll be addressing that as he
and the Congress undertake the

616
00:33:04,166 --> 00:33:08,636
reauthorization of the --
what's commonly known as the

617
00:33:08,633 --> 00:33:12,833
transportation bill that's up
for reauthorization -- but at

618
00:33:12,834 --> 00:33:16,764
the same time I think takes
great pride in the notion that

619
00:33:16,767 --> 00:33:21,037
the greatest investment that's
been made since the '50s was

620
00:33:21,033 --> 00:33:23,103
made under his administration.

621
00:33:23,100 --> 00:33:26,670
Q: Do you think he was surprised
by the company's comments?

622
00:33:26,667 --> 00:33:28,767
MR. GIBBS: I doubt
he's aware of them.

623
00:33:28,767 --> 00:33:29,897
Yep.

624
00:33:29,900 --> 00:33:31,830
Q: I'd like to go back to the
CIA quickly for a moment.

625
00:33:31,834 --> 00:33:33,004
MR. GIBBS: Sure.

626
00:33:33,000 --> 00:33:36,930
Q: The CIA has said in testimony
and again today that it believes

627
00:33:36,934 --> 00:33:39,934
the use of these enhanced
interrogation techniques

628
00:33:39,934 --> 00:33:42,664
obtained valuable information
that in one specific instance at

629
00:33:42,667 --> 00:33:45,537
least, an alleged plot that
would have occurred in Los

630
00:33:45,533 --> 00:33:49,233
Angeles, information was derived
that prevented an attack.

631
00:33:49,233 --> 00:33:50,803
Does the President
believe that, yes or no?

632
00:33:50,800 --> 00:33:53,100
And secondarily, would the
President have an opinion as to

633
00:33:53,100 --> 00:33:56,200
whether or not that would be a
mitigating factor in the Justice

634
00:33:56,200 --> 00:33:59,200
Department evaluation of whether
to proceed with an investigation

635
00:33:59,200 --> 00:34:00,900
or prosecution?

636
00:34:00,900 --> 00:34:02,830
MR. GIBBS: I'd have to take
a look at exactly what you're

637
00:34:02,834 --> 00:34:06,134
referring to and then -- and I
would leave any determination

638
00:34:06,133 --> 00:34:08,563
legally up to the
Justice Department.

639
00:34:08,567 --> 00:34:09,537
I think that's where --

640
00:34:09,533 --> 00:34:10,703
Q: Okay, going back
to Laura's question.

641
00:34:10,700 --> 00:34:14,630
If there's a continuum from
those who were in the field

642
00:34:14,633 --> 00:34:16,863
carrying out these enhanced
interrogation techniques to

643
00:34:16,867 --> 00:34:20,997
those who authorized them at the
highest levels, is what you're

644
00:34:21,000 --> 00:34:24,200
saying at the podium today: The
Justice Department will not,

645
00:34:24,200 --> 00:34:27,230
under any circumstance,
investigate or prosecute those

646
00:34:27,233 --> 00:34:31,203
field officers who did it, but
the field above them is open,

647
00:34:31,200 --> 00:34:32,170
all the way to the top?

648
00:34:32,166 --> 00:34:35,996
MR. GIBBS: Well, let me --
instead of yes or no, let me
be --

649
00:34:36,000 --> 00:34:39,170
Q: I tried to formulate the
question as clearly as I could.

650
00:34:39,166 --> 00:34:39,996
MR. GIBBS: Sure.

651
00:34:40,000 --> 00:34:42,800
Let me -- let me do
it in my own words.

652
00:34:42,800 --> 00:34:46,730
The President and the Attorney
General believe and both stated

653
00:34:46,734 --> 00:34:53,934
last week that those that
undertook actions based on their

654
00:34:53,934 --> 00:34:57,904
legal understanding and their
good faith understanding of what

655
00:34:57,900 --> 00:35:02,070
was legally permissible, as the
President said today, shouldn't be prosecuted.

656
00:35:02,066 --> 00:35:04,266
At the same time, the President
believes that nobody in the

657
00:35:04,266 --> 00:35:07,096
country is above
the rule of law.

658
00:35:07,100 --> 00:35:13,230
I just don't want to prejudge
in your continuum -- I'm just --

659
00:35:13,233 --> 00:35:14,333
I'm not a part of the --

660
00:35:14,333 --> 00:35:18,733
Q: Is it possible for the good faith standard to be applied to

661
00:35:18,734 --> 00:35:22,604
those who formulated the policy -- that is, that they believe

662
00:35:22,600 --> 00:35:28,630
that the circumstances and the asymmetrical nature of the war

663
00:35:28,633 --> 00:35:30,533
which not only the Pentagon but the Justice Department, this

664
00:35:30,533 --> 00:35:33,663
White House have always acknowledged there are no flags,

665
00:35:33,667 --> 00:35:36,237
there are no countries, it's a different kind of situation,

666
00:35:36,233 --> 00:35:40,463
that that good faith application of what they believed was legal

667
00:35:40,467 --> 00:35:43,497
could apply not just to those who carried it out but who formulated it?

668
00:35:43,500 --> 00:35:46,600
MR. GIBBS: Well, I think that's
a legal determination that,

669
00:35:46,600 --> 00:35:48,900
again, I'm going to
leave to the lawyers.

670
00:35:48,900 --> 00:35:49,870
Q: One last question.

671
00:35:49,867 --> 00:35:53,667
On the question of looking back,
if the President is asked about

672
00:35:53,667 --> 00:35:57,597
a hearing or a group to
investigate and says, "I am open

673
00:35:57,600 --> 00:36:01,370
to it," isn't that the same --
or how is that different from

674
00:36:01,367 --> 00:36:02,537
him proposing it?

675
00:36:02,533 --> 00:36:04,733
Isn't that the same way -- he's
sending a signal to Congress

676
00:36:04,734 --> 00:36:06,334
that it's okay to look back.

677
00:36:06,333 --> 00:36:07,903
If he didn't want to look back,
couldn't he just say, "I'd

678
00:36:07,900 --> 00:36:09,700
prefer that Congress
not do this.

679
00:36:09,700 --> 00:36:12,630
I prefer that we not have a
9/11-type commission hearing and

680
00:36:12,633 --> 00:36:15,703
I want us to focus all of
our attention forward."

681
00:36:15,700 --> 00:36:18,900
MR. GIBBS: You've enhanced the
powers of this President in this

682
00:36:18,900 --> 00:36:20,500
town, and I --

683
00:36:20,500 --> 00:36:22,270
Q: Is he sending a signal, though, that he's open to it,

684
00:36:22,266 --> 00:36:25,396
and by that very nature, greenlighting looking backward?

685
00:36:25,400 --> 00:36:28,600
MR. GIBBS: No, I think the
President was asked if it were

686
00:36:28,600 --> 00:36:35,400
set up, and he said it's
something that he would consider.

687
00:36:35,400 --> 00:36:41,200
I don't -- he's
not proposing it.

688
00:36:41,200 --> 00:36:47,130
I mean, I think you saw the
statement that we put out last week.

689
00:36:47,133 --> 00:36:48,903
I think it was pretty fulsome.

690
00:36:48,900 --> 00:36:50,100
Mike.

691
00:36:50,100 --> 00:36:51,600
Q: What is the President going to talk about when he goes to

692
00:36:51,600 --> 00:36:54,370
the Holocaust
Museum on Thursday?

693
00:36:54,367 --> 00:36:56,367
MR. GIBBS: I will get
you some information.

694
00:36:56,367 --> 00:36:58,537
I don't have that
ready in front of me.

695
00:36:58,533 --> 00:37:01,633
I was working on other things,
my apologies, but I'll get you

696
00:37:01,633 --> 00:37:03,703
something more specific on that.

697
00:37:03,700 --> 00:37:04,530
Yes, sir.

698
00:37:04,533 --> 00:37:06,133
Q: At the risk of belaboring
this, I want to --

699
00:37:06,133 --> 00:37:07,203
MR. GIBBS: Oh, come on.

700
00:37:07,200 --> 00:37:08,570
(Laughter.)

701
00:37:08,567 --> 00:37:09,867
Nice try.

702
00:37:09,867 --> 00:37:11,097
(Laughter.)

703
00:37:11,100 --> 00:37:12,830
Q: Someone was asked yesterday in the building about Rahm's comments.

704
00:37:12,834 --> 00:37:14,304
We were told that Rahm's
comments -- when he said, those

705
00:37:14,300 --> 00:37:17,630
who devise a policy was distinct
from the lawyers: those who

706
00:37:17,633 --> 00:37:20,763
devise a policy -- he met with
those who took the lawyers'

707
00:37:20,767 --> 00:37:23,767
advice and said, our policy is
-- Major was talking about it --

708
00:37:23,767 --> 00:37:26,097
our policy is to do thus and
such; and then there are those

709
00:37:26,100 --> 00:37:27,630
who actually executed it.

710
00:37:27,633 --> 00:37:30,733
And that what Rahm was talking
about was this middle category,

711
00:37:30,734 --> 00:37:33,634
in effect, between the lawyers
who said this is possible, this

712
00:37:33,633 --> 00:37:38,263
is not possible, and those
who actually conducted the interrogations.

713
00:37:38,266 --> 00:37:42,596
So there are three categories,
right: people who say -- the

714
00:37:42,600 --> 00:37:46,530
lawyers who say, this is what's
legal; the policymakers who say,

715
00:37:46,533 --> 00:37:49,233
okay, if that's legal then we
authorize this; and people who

716
00:37:49,233 --> 00:37:50,863
then conduct the interrogations.

717
00:37:50,867 --> 00:37:51,737
Right?

718
00:37:51,734 --> 00:37:54,134
We were told yesterday that what
Rahm was referring to was this

719
00:37:54,133 --> 00:37:57,133
policymaker category, people who
took the advice of the lawyers

720
00:37:57,133 --> 00:38:00,463
and said, okay, our policy
is to do thus and such.

721
00:38:00,467 --> 00:38:03,297
Is that -- when the President
says -- I guess the question

722
00:38:03,300 --> 00:38:05,400
then -- again, it's parsing, I
know -- but when the President

723
00:38:05,400 --> 00:38:09,430
says, those who formulated those
legal decisions, those who -- is

724
00:38:09,433 --> 00:38:13,433
that lawyers or policymakers,
or potentially both?

725
00:38:13,433 --> 00:38:17,063
MR. GIBBS: You know, I obviously
-- without parsing that, I don't

726
00:38:17,066 --> 00:38:17,996
know the answer to that.

727
00:38:18,000 --> 00:38:21,130
Q: But he said those who
followed four squares within the

728
00:38:21,133 --> 00:38:23,833
guidelines that the lawyers came
up with shouldn't be prosecuted.

729
00:38:23,834 --> 00:38:28,164
Could policymakers have followed
foursquare within the guidelines

730
00:38:28,166 --> 00:38:31,796
that the lawyers gave them and
therefore not be prosecuted?

731
00:38:31,800 --> 00:38:37,470
MR. GIBBS: Again, I think --
I think the parsing of some of

732
00:38:37,467 --> 00:38:41,297
this is better done through a
filter of the rule of law, and

733
00:38:41,300 --> 00:38:44,330
done at the Justice Department,
and not done here at the White House.

734
00:38:44,333 --> 00:38:45,563
Q: But it's just been
done by the President.

735
00:38:45,567 --> 00:38:47,867
Now we're trying to
figure out what he meant.

736
00:38:47,867 --> 00:38:51,397
MR. GIBBS: Well, and I will
endeavor to get some further

737
00:38:51,400 --> 00:38:52,470
clarity on that.

738
00:38:52,467 --> 00:38:56,297
But again, I think what he
speaks to more generally is that

739
00:38:56,300 --> 00:39:01,770
the determination of rule of law
is not going to be made in this building.

740
00:39:01,767 --> 00:39:04,397
It shouldn't be; it should
be made at the Department of Justice.

741
00:39:04,400 --> 00:39:06,730
Q: Robert, I think that's an
important point, because if you

742
00:39:06,734 --> 00:39:09,464
read what the President says
literally, he's not ruling out

743
00:39:09,467 --> 00:39:15,497
prosecutions up to and
including his predecessor.

744
00:39:15,500 --> 00:39:17,200
MR. GIBBS: I know there's a
desire to whip right through

745
00:39:17,200 --> 00:39:26,600
this, but again, I think you're
well ahead of any possible

746
00:39:26,600 --> 00:39:30,200
determination or even any
possible investigation.

747
00:39:30,200 --> 00:39:34,030
That's, again, a determination
that -- the determination as to

748
00:39:34,033 --> 00:39:38,163
the rule of law is, again,
it's going to be made at the

749
00:39:38,166 --> 00:39:39,466
Department of Justice.

750
00:39:39,467 --> 00:39:41,167
Q: But you've asked us to look
at what the President said.

751
00:39:41,166 --> 00:39:42,736
That's all we're trying to do.

752
00:39:42,734 --> 00:39:45,804
MR. GIBBS: I understand, and
I'm looking at it right here.

753
00:39:45,800 --> 00:39:46,870
Q: Do you understand it?

754
00:39:46,867 --> 00:39:49,237
(Laughter.)

755
00:39:49,233 --> 00:39:52,433
MR. GIBBS: I have endeavored to try to find greater clarity in

756
00:39:52,433 --> 00:39:53,263
all of what he said.

757
00:39:53,266 --> 00:39:56,036
Q: Why is it fair to say what
was just said, that it leaves --

758
00:39:56,033 --> 00:39:58,333
MR. GIBBS: I didn't
-- I'm just --

759
00:39:58,333 --> 00:40:00,863
Q: But he has made a determination, in terms of the 

760
00:40:00,867 --> 00:40:02,567
people who carried
out the policy.

761
00:40:02,567 --> 00:40:04,037
He didn't leave that to
the Justice Department.

762
00:40:04,033 --> 00:40:06,763
He said the people who actually
did the interrogations are not

763
00:40:06,767 --> 00:40:07,997
to be prosecuted.

764
00:40:08,000 --> 00:40:09,830
Q: So that's -- right -- these
are determinations he's already

765
00:40:09,834 --> 00:40:12,504
made -- so what's been made here
in this building; isn't that fair?

766
00:40:12,500 --> 00:40:15,100
MR. GIBBS: Based on the fact
-- I think it's a fairly sound

767
00:40:15,100 --> 00:40:22,930
legal precedent that the
determination based on legal

768
00:40:22,934 --> 00:40:27,034
representation, following that
in good faith and enacting those

769
00:40:27,033 --> 00:40:30,733
policies shouldn't
fall under prosecution.

770
00:40:30,734 --> 00:40:33,664
Yes, the President has made, and
the Attorney General have made

771
00:40:33,667 --> 00:40:39,737
that determination, absolutely.

772
00:40:39,734 --> 00:40:42,504
Q: Middle East, a follow-up
on what was said.

773
00:40:42,500 --> 00:40:46,430
The process, the Middle East
peace process has been moved

774
00:40:46,433 --> 00:40:49,663
forward by an international
effort, with the participation

775
00:40:49,667 --> 00:40:51,137
of the Quartet.

776
00:40:51,133 --> 00:40:54,333
So my question is, are you
making a new proposal here -- by

777
00:40:54,333 --> 00:40:57,003
inviting these people to make
a new proposal, are you pushing

778
00:40:57,000 --> 00:41:02,170
the broad process, the
Quartet process -- how is it coordinated?

779
00:41:02,166 --> 00:41:06,566
MR. GIBBS: Largely through the
President's envoy, in George

780
00:41:06,567 --> 00:41:10,037
Mitchell, has been
working in the region.

781
00:41:10,033 --> 00:41:13,763
Before I get into, and before
we get into any sort of specific

782
00:41:13,767 --> 00:41:20,397
policies or ways forward -- I'm
not going to do that today here.

783
00:41:20,400 --> 00:41:26,070
The President has stated quite
clearly that he is going to be

784
00:41:26,066 --> 00:41:36,266
very active in using his power
and his ability to seek a lasting peace.

785
00:41:36,266 --> 00:41:39,996
Q: But when you talk to these
leaders, regional leaders, do

786
00:41:40,000 --> 00:41:44,870
you also talk to your partners
in the Quartet about what you're

787
00:41:44,867 --> 00:41:46,367
discussing, what you
are proposing --

788
00:41:46,367 --> 00:41:50,437
MR. GIBBS: Yes, I think
the President would, and the

789
00:41:50,433 --> 00:41:55,633
administration would believe that -- are we interrupting your call, David?

790
00:41:55,633 --> 00:41:57,203
Sorry.

791
00:41:57,200 --> 00:42:01,700
All right, all right, I
hope I didn't interrupt.

792
00:42:01,700 --> 00:42:06,600
Yes, the President is actively
engaged, because the President

793
00:42:06,600 --> 00:42:12,970
understands that this is -- one
country is not going to do this alone.

794
00:42:12,967 --> 00:42:17,237
The President's foreign policy
is, as he's stated and as I've

795
00:42:17,233 --> 00:42:22,003
said, to engage all the world.

796
00:42:22,000 --> 00:42:25,470
Q: And lastly, the Russians
and the Palestinians have been

797
00:42:25,467 --> 00:42:30,597
pushing for a follow-up
conference after Annapolis to be

798
00:42:30,600 --> 00:42:32,100
held in Moscow, basically.

799
00:42:32,100 --> 00:42:34,570
Are you aware of this proposal?

800
00:42:34,567 --> 00:42:36,167
MR. GIBBS: I don't
have any guidance.

801
00:42:36,166 --> 00:42:41,636
I'm sure there are folks that
are better apprised of that than I am.

802
00:42:41,633 --> 00:42:47,603
Q: What exactly does "actively
engaged" mean in terms of how

803
00:42:47,600 --> 00:42:50,830
the President is planning to
pursue this sort of engagement

804
00:42:50,834 --> 00:42:52,034
in the Middle East?

805
00:42:52,033 --> 00:42:56,363
Some people criticized President
Clinton for being too personally invested.

806
00:42:56,367 --> 00:42:59,637
Others leveled the opposite
criticism at President Bush.

807
00:42:59,633 --> 00:43:03,933
Is there sort of a model that
he's trying -- is he going to be

808
00:43:03,934 --> 00:43:06,804
a facilitator, a
mediator, a negotiator?

809
00:43:06,800 --> 00:43:13,100
MR. GIBBS: Well, obviously
there are many issues that both

810
00:43:13,100 --> 00:43:20,800
parties are going to have
to resolve on their own.

811
00:43:20,800 --> 00:43:23,830
And I think that's important
for everyone to understand.

812
00:43:23,834 --> 00:43:31,204
The President hopes, without --
I don't want to pick a specific

813
00:43:31,200 --> 00:43:37,330
model, but I think the President
believes that the value of this

814
00:43:37,333 --> 00:43:44,203
country's input and the value
of helping to lead the world in

815
00:43:44,200 --> 00:43:52,330
working toward that progress
can't be done -- can't be done

816
00:43:52,333 --> 00:43:53,833
on a part-time basis.

817
00:43:53,834 --> 00:44:00,164
It can't be done in a way that
focuses on that at some point

818
00:44:00,166 --> 00:44:04,296
and then leaves the playing
field empty in the future.

819
00:44:04,300 --> 00:44:09,970
And I think that's why the
President was involved in this,

820
00:44:09,967 --> 00:44:13,397
as I said, the very first full
day of his administration and

821
00:44:13,400 --> 00:44:14,670
why he continues to be.

822
00:44:14,667 --> 00:44:15,667
Thank you.