Thank you, Mr. Chairman.

At the outset may I say that your work on the committee has been

outstanding....

-- acting chairman of the committee, which is

quite a testimonial to you. But we've worked together...

Thank you, Mr. Chairman. And thank you,

Ranking Member Specter.

It is an honor to appear...

(Off mike.) I've also got my brother-in-law

Kevin, who made the trip from Madison, Wisconsin;...

(Off mike) -- and I left most of mine at home. But I

have two wonderful brothers who are here...

Thank you.

Mr. Chairman, Senator Specter, and members of the committee,

thank you for...

Thank you, Mr. Chairman.

Mr. Chairman and members of the committee, I'm deeply honored to

be...

Well, Senator, with respect I think the answer to

the last part of your question is none. You've...

Well, Senator, the attorney general has already

made clear that that will be a significant priority...

Thank you, Senator Cardin. It's an extremely

important question. Every solicitor general nominee...

Thank you, Mr. Chairman.

Mr. Perrelli, I sent you a letter on the issue of congressional

oversight...

Well, would you supplement your answer by

specifying what kind of extenuating circumstances...

I want you to supplement your answer in writing

because I've only got seven minutes.

But you said you would adopt those as a

generalization but there might be some extenuating circumstance...

The Washington Post has an account today on the

state secrets doctrine. The Obama administration...

Well, would you take a look at the case and the

statute which Senator Kennedy and I have pending...

There have been a large number of cases by the

Department of Justice in taking monetary fines...

Well, there is concurrent jurisdiction between the

state courts and the federal courts, double...

Well, that may be the impact. But would you

supplement your answer with why you think Congress...

Dean Kagan, coming to the citation that I had

mentioned earlier about how strongly you felt...

You don't have to go any further. (Laughter)

What are you -- you're telling us you won't make...

I wish I could follow that advice. (Scattered

laughter.)

One final question, Mr. Chairman....

Thank you, Ms. Hagan. Thank you, Mr. Chairman.

Thank you, Mr. Chairman. Dean Kagan,

congratulations on your nomination. I was personally delighted...

I agree with that. And he did do a superb job,

and I could have sworn he almost was believing...

Let me ask you, now, about the conflict of

interest restriction on those who serve in the solicitor...

Thank you so much. Mr. Perrilli. I

congratulate you as well. You have a truly stellar reputation....

But you will, if confirmed --

-- give me an answer about whether I'll get a

classified briefing on this.

And I just want to confirm -- I believe that

you've indicated to Senator Specter that you would...

There's a lot of suspicion of the government out

there, and this is important legislation that...

Thank you. Thanks, Mr. Chairman.

Thank you, and welcome to you both.

Ms. Kagan, one of the things that you said earlier was explaining

your...

Okay, thank you very much. Of all I've read, the

only real criticism that you've had is that...

I have no doubt.

And some of them, the record would show, had some

difficulties in their presentations before...

Well, my staff is going to invite you to come by

and visit with me, so we'll have a great conversation...

Mr. Perrelli, the Department of Justice is

responsible for enforcing our nation's obscenity...

The same would apply for the Children's Internet

Protection Act and the Child Protection Obscenity...

Do you think any of your past experience in terms

of those that you've defended or advocated...

Thank you. Last year I participated in legislation

targeting combating child exploitation and...

One final question. Do you personally believe that

adult obscenity contributes to the sexual...

But it's not your view that that in itself, adult

obscenity, contributes to child exploitation?

I'll be happy to send you the literature on adult

obscenity and child predators.

Thank...

Thank you very much, Mr. Chairman.

Congratulations to both of you. Dean Kagan, I noted that...

And I don't question the solicitor general's

role with that at all. I was just wondering, some...

No, I know, but, I mean, there has just been --

I understand that. I just meant becoming

involved in those cases because we've just seen some...

Okay. Thank you.

Mr. Perrelli, I do note that your son seemed to quite down when

he was...

Okay.

All right, good. Well, I was a prosecutor for

eight years, running an office of about 400 people,...

One of the other things that I think is so

important is how the Department of Justice works...

And I'm out of time here, but two areas that I

hope you'll consider in the future is just white...

Thank you.

Thank you, Mr. Chairman. Dean Kagan,

I'd like to ask a favor. If you would please read, and...

Yes.

Well, good. I didn't want to catch you by surprise.

For those who haven't, it's a bit of a template for

how an SG approaches decision-making about...

Sure, I appreciate that. The greatest knowledgeable

surgeon, though, still has to get those...

Again, thank you, and I would appreciate the chance

just to visit privately for a little bit.

Thank you very much, Mr. Chairman,

and welcome to the both of you and congratulations and certainly...

Yes, well of course, there are many of us. I

happen to be one that believed that the EPA was...

Okay. Let me switch topics and ask, are you

both familiar with the bill that we spent a great...

The same.

Senator, I haven't looked at the exclusivity

provisions for that precise purpose. I would, echoing...

I can't say anything more than that.

Again, generally, Senator.

Senator, I've had occasion to review that in the

context of reviewing the Supreme Court's decisions...

Senator, I think I would want to consult further

with experts in the field. The description...

Well, Senator, I think, as I indicated, my

understanding is that that is indeed what the Hamdi...

Thank you.

Senator Graham.

Under normal criminal law? Yes, I do agree with you.

That seems right, Senator.

I do, Senator.

(Laughs.) In a manner of speaking, Senator. I guess

he can fire me, so that makes him my boss.

I think so too.

It's easy to agree with my boss in that circumstance.

(Off mike.)

I do.

I think it makes sense, and I think you're correct

that that is the law.

It does, indeed.

It does, indeed.

Absolutely.

I do, Senator.

Well, I think, Senator, simply by identifying the

problem, whatever mechanisms and laws we have...

Thank you, Senator.

Thank you.

Senator Whitehouse.

I certainly can make that assurance, Senator.

It has distinguished itself in that regard.

We've heard disturbing testimony about the disassembly...

So you are completely confident that the

existing performance evaluation and review process...

Well, I certainly hope that that's the case.

And I'm prepared to accept that it may be the case....

Thank you, Senator.

Well, thank you, Mr. Chairman.

I welcome both of you to the committee. I have great respect...

No question about it. And I think it's evident by a

number of the professors who are here today,...

Well, the first solicitor general in President

Clinton's tenure.

Yeah, it was. Well, actually, it turned out, I

think, all right in the end, but that was the...

Well, in your book -- in your review of Professor

Stephen Carter's book on the confirmation...

-- even about votes they would cast. How do you

square this with the principle that judges must...

(If you) want to know the truth, I remember when

Judge Bork was here, he had written some outlandish...

And you're good at that.

Let me just say that I may not agree that Thurgood

Marshall was the greatest attorney of the...

If you are confirmed to be associate attorney

general you will oversee the Justice Department's...

Well, thank you. I want to -- I want to express my

regard for both of you. And I've really enjoyed...

But, glad to have you here and glad you're willing

to serve.

Thank you, Senator.

Thank you, Mr. Chairman.

I want to welcome both of our witnesses as well. I know we have

votes,...

You've told me that you'd look at putting more

agents on it, and more U.S. attorneys. I want...

Very good.

Second point for you, you represented the Recording Industry

Association, and...

And you would support that?

Okay.

One question for you, Ms. Kagan -- and I share Senator Hatch's

views about your...

I got the drift. (Laughter.)

Well, tell me, then, about the balance -- the

Constitutional balance, as you would think about...

Thank you, Mr. Chairman.

Thank you, Mr. Chairman.

Dean Kagan, Mr. Perrelli, I'm really pleased that you're taking

on...

Thank you, Senator Kaufman.

Let me just echo what Senator Kaufman has just said, and thank

both...