Topic: AIDS Virus
Senator: Feingold
Date: SEPTEMBER 14, 2005
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SPECTER: Senator Feingold?
FEINGOLD: Thank you, Mr. Chairman.
Judge, let me start off by taking up a couple of new topics.
In September 1985, when you were in the White House Counsel's Office, you recommended deleting the following line from the presidential briefing materials: quote, "As far as our best scientists have been able to determine, the AIDS virus is not transmitted through casual or routine contact," unquote.
You said at the time that the conclusion was in dispute. We now know, of course, that the line is completely accurate. But I would say we also knew that then.
The Center for Disease Control guidelines issued the month before you wanted to delete that line said the following: quote, "Casual person-to-person contact as would occur among school children appears to pose no risk," unquote.
Major news organizations had reported the CDC's conclusion.
In fact, the CDC had said as early as 1982 that it was unlikely that HIV could be spread through casual contact.
ROBERTS: I'm sorry, as early as when?
FEINGOLD: As 1982. That it was unlikely that HIV could be spread through casual contact.
Why did you recommend that that line be deleted?
ROBERTS: Well, for the reason I gave in the memorandum. This was a statement by the president and I didn't want the president giving out medical advice if it was a subject of some uncertainty.
I, obviously, was not a medical expert, and you said the CDC had issued a report a month before earlier in your commentary. I don't know what the 1982 issue was.
But I just thought it's purely a matter of caution and prudence to have the president make a pronouncement on it. You have to remember, this was at the very beginning of the AIDS coming into public consciousness, and I was just concerned that the president not be giving out medical statements if people weren't absolutely sure that it was correct.
FEINGOLD: Let me follow on that a little bit. It certainly was an early time and also a critical time. I'm wondering what you did to check or have someone check on these facts. I mean, you must have known that the issue was so important the president was saying something like this that it could have given a great reassurance to people all over the country, as well as helping children infected with the AIDS virus to live happier and more normal lives to know that this was the medical conclusion. So I'm just wondering why you wouldn't check...
ROBERTS: The flip side of that, Senator, of course, is if it turned out to be wrong it could have been disastrous to have the president announcing, because the president wasn't a medical expert, either.
ROBERTS: And I'm sure my suggestion would have caused the people drafting the president's speech to go back. And if they thought they were convinced and they were sure, then that's what would have gone in there.
It was just a question of concern. I wanted to make sure that they were 100 percent confident that what the president was going to be saying about a medical issue, they had complete confidence in it. I don't know actually whether they took it out or left it in, but at least it caused them to focus...
FEINGOLD: I don't want to belabor it, but I think that was a great opportunity for presidential leadership and reassurance and would just respectfully disagree with your judgment there.
ROBERTS: Well, my judgment, just so I could...
FEINGOLD: Fair enough...
ROBERTS: It wasn't my medical judgment.
FEINGOLD: I understand...
ROBERTS: The impact of my suggestion was, obviously, to cause the people who wanted that in there to go back and make sure they were sure that they wanted the president of the United States issuing a medical statement.
FEINGOLD: I think it was pretty certain at that time what the medical view was, as indicated by the medical community of our own government, but I'll leave it at that.
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