...
FEINGOLD: I asking whether or not somebody talked about the possible legal bases that the president might assert with regard to the ability to do this wiretapping outside of the FISA statute. Was that kind of a discussion held?
ALITO: Nobody actually told me the bases that the president was asserting. I found the letter that was released last week or the week before by an assistant attorney general setting out arguments relating to this on the Internet myself and printed it out.
And I studied it to get some idea of some of the issues that might be involved here. And I looked at some other materials that legal scholars have put out on this issue. But nobody in the administration actually has briefed me on what the administration's position is with respect to this issue.
FEINGOLD: Does it strike you as being inappropriate for members of the Department of Justice or the White House staff who are currently defending the president's actions in the NSA domestic spying program to be giving you advice on how you might handle questions about that topic in the hearing?
ALITO: It would be very inappropriate for them to tell me what I should say. And I wouldn't have been receptive to that sort of advice. And I did not receive that kind of advice.
FEINGOLD: Thank you, Judge.
...
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/10/AR2006011001087.htmlReading between the lines, Alito never denies that Administration lawyers advised him on what to say so as not to undercut their case.
Once again:
Dems should insist that NSA abuses be resolved before the Alito vote. It's clear this is an Imperial Presidency judge and he should not be able to cast the deciding vote on separation of powers.Absolute rock-bottom minimum.
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