Transcript: Senate Judiciary Committee Confirmation Hearing (For Author of Torture Memos)

The New York Times > Washington > Transcript: Senate Judiciary Committee Confirmation Hearing:

"SEN. DURBIN: ...In your August memo, you created the possibility that the president could invoke his authority as commander in chief not only to suspend the Geneva Convention but the application of other laws. Do you stand by that position?

MR. GONZALES: I believe that I said in response to an earlier question that I do believe it is possible...
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SEN. DURBIN: ...you believe he has that authority; he could ignore a law passed by this Congress, signed by this president or another one, and decide that it is unconstitutional and refuse to comply with that law?

MR. GONZALES: ...I guess I would have to say that hypothetically that authority may exist....

SEN. DURBIN: Fifty-two years ago... The Supreme Court said, as you know, 'President Truman, you're wrong. You don't have the authority to decide what's constitutional, what laws you like and don't like.' I'm troubled that you would think, as our incoming attorney general, that a president can pick or choose the laws that he thinks are unconstitutional and ultimately wait for that test in court to decide whether or not he's going to comply with the law." ...