Topic: Administration Releasing Memos
Senator: Schumer
Date: SEPTEMBER 15, 2005
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SPECTER: Senator Schumer is recognized for 15 minutes.
SCHUMER: Thank you, Mr. Chairman.
First, just a little housekeeping.
I think tomorrow is the day that it's due for us to submit written questions. And you'll have no problem getting those back to us before we have to vote, which I think by the agreement of the chairman and the ranking member will be next Thursday. Will you?
ROBERTS: Well, it depends how many there are.
(LAUGHTER)
My answers will be fuller the fewer questions there are.
(LAUGHTER)
But I will certainly, obviously, make every effort to get them in as soon as possible.
SCHUMER: Thank you.
Next question: We've had a great debate here, in this Senate and with the administration, about the documents. There were 16 cases, I think, led by Senator Leahy, that the eight of us requested, when you were principal deputy solicitor general.
Now, we know the administration has said they will not relinquish those documents. I just want to know -- and I'm not asking your view on the law -- do you have a personal objection if they were to give us those documents? Because you wrote them.
ROBERTS: Senator, I don't think it's appropriate for me to take a position. If the client is asserting a privilege, I don't think the attorney should be stating a position on it, because in these situations the privilege is that of the client, and for the attorney to take a position could -- might -- put pressure on the client, and I think that's inappropriate.
SCHUMER: I may not get this. Aren't they the attorney and you the client this time?
ROBERTS: Well, when the memos were prepared, I was the attorney.
SCHUMER: So you won't take a position on that?
ROBERTS: I don't think it's appropriate for a lawyer to do so.
SCHUMER: OK.
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