From The Associated Press, 12/15/05:
http://www.kfor.com/Global/story.asp?S=4250862&nav=6uy6

Democrats blast Bush comment on pending legal case

CAPITOL HILL

Senate Democrats say President Bush appears to using a double
standard.

They are sharply critical of his comment that he believes former House
Minority Leader Tom DeLay is innocent of the money-laundering charges
he faces.

He made that statement yesterday on Fox News.

Senate Minority Leader Harry Reid, a former prosecutor, says it's hard
to believe the president is prejudging a case.

Democrats say that since the president spoke about that case, he
should also reveal what he knows about the investigation into who
leaked the identity of a C-I-A officer.

The president and his aides have refused to answer almost any question
related to that case, saying it would be inappropriate to comment on
an ongoing investigation.

The White House says the president was employing "presidential
prerogative" when he commented on the DeLay case.

____________________________________________________________

http://www.whitehouse.gov/news/releases/2005/12/20051215-4.html

December 15, 2005 White House Press Briefing:


Go ahead, Peter.

Q Scott, the President told Brit Hume that he thought that Tom DeLay
is not guilty, even though the prosecution is obviously ongoing. What
does the President feel about Scooter Libby? Does he feel that Mr.
Libby --

MR. McCLELLAN: A couple of things. First of all, the President was
asked a question and he responded to that question in the interview
yesterday, and made very clear what his views were. We don't typically
tend to get into discussing legal matters of that nature, but in this
instance, the President chose to respond to it. Our policy regarding
the Fitzgerald investigation and ongoing legal proceeding is
well-known and it remains unchanged. And so I'm just not going to have
anything further to say. But we've had a policy in place for a long
time regarding the Fitzgerald investigation.

Q Why would that not apply to the same type of prosecution involving
Congressman DeLay?

MR. McCLELLAN: I just told you we had a policy in place regarding this
investigation, and you've heard me say before that we're not going to
talk about it further while it's ongoing.

Q Well, if it's prejudging the Fitzgerald investigation, isn't it
prejudging the Texas investigation with regard to Congressman DeLay?

MR. McCLELLAN: Again, I think I've answered your question.

Q Are you saying the policy doesn't apply?

Q Can I follow up on that? Is the President at all concerned that his
opinion on this being expressed publicly could influence a potential
jury pool, could influence public opinion on this in an improper way?

MR. McCLELLAN: I think that in this instance he was just responding to
a question that was asked about Congressman DeLay, about Leader DeLay,
and in terms of the issue that Peter brings up, I think that we've had
a policy in place, going back to 2003, and that's a White House
policy.

Q But that policy has been based in part, in the leak investigation
and other things, on the idea that it is simply wrong for a President
to prejudge a criminal matter, particularly when it's under indictment
or trial stage. Why would he --

MR. McCLELLAN: And that's one -- this is an ongoing investigation
regarding possible administration officials. So I think there are some
differences here.

Q There are lots of times when you don't comment on any sort of legal
--

MR. McCLELLAN: There are also legal matters that we have commented on,
as well. And certainly there are legal matters when it goes to Saddam
Hussein.

Q So the President is inconsistent?

MR. McCLELLAN: No, David, we put a policy in place regarding this
investigation --

Q But it's hypocritical. You have a policy for some investigations and
not others, when it's a political ally who you need to get work done?

MR. McCLELLAN: Call it presidential prerogative; he responded to that
question. But the White House established a policy --

Q Doesn't it raise questions about his credibility that he's going to
weigh in on some matters and not others, and we're just supposed to
sit back and wait for him to decide what he wants to comment on and
influence?

MR. McCLELLAN: Congressman DeLay's matter is an ongoing legal
proceeding --

Q As is the Fitzgerald investigation --

MR. McCLELLAN: The Fitzgerald investigation is --

Q -- As you've told us ad nauseam from the podium.

MR. McCLELLAN: It's an ongoing investigation, as well.

Q How can you not -- how can you say there's differences between the
two, and we're supposed to buy that? There's no differences. The
President decided to weigh in on one, and not the other.

MR. McCLELLAN: There are differences.

Q And the public is supposed to accept the fact that he's got no
comment on the conduct of senior officials of the White House, but
when it's a political ally over on the Hill who's got to help him get
work done, then he's happy to try to influence that legal process.

MR. McCLELLAN: No, not at all. Not at all. You can get all dramatic
about it, but you know what our policy is.


Harry

From The Associated Press, 12/15/05:
http://www.kfor.com/Global/story.asp?S=4250862&nav=6uy6

Democrats blast Bush comment on pending legal case

CAPITOL HILL

Senate Democrats say President Bush appears to using a double
standard.

They are sharply critical of his comment that he believes former House
Minority Leader Tom DeLay is innocent of the money-laundering charges
he faces.

He made that statement yesterday on Fox News.

Senate Minority Leader Harry Reid, a former prosecutor, says it's hard
to believe the president is prejudging a case.

Democrats say that since the president spoke about that case, he
should also reveal what he knows about the investigation into who
leaked the identity of a C-I-A officer.

The president and his aides have refused to answer almost any question
related to that case, saying it would be inappropriate to comment on
an ongoing investigation.

The White House says the president was employing "presidential
prerogative" when he commented on the DeLay case.

____________________________________________________________

http://www.whitehouse.gov/news/releases/2005/12/20051215-4.html

December 15, 2005 White House Press Briefing:

Go ahead, Peter.

Q Scott, the President told Brit Hume that he thought that Tom DeLay
is not guilty, even though the prosecution is obviously ongoing. What
does the President feel about Scooter Libby? Does he feel that Mr.
Libby --

MR. McCLELLAN: A couple of things. First of all, the President was
asked a question and he responded to that question in the interview
yesterday, and made very clear what his views were. We don't typically
tend to get into discussing legal matters of that nature, but in this
instance, the President chose to respond to it. Our policy regarding
the Fitzgerald investigation and ongoing legal proceeding is
well-known and it remains unchanged. And so I'm just not going to have
anything further to say. But we've had a policy in place for a long
time regarding the Fitzgerald investigation.

Q Why would that not apply to the same type of prosecution involving
Congressman DeLay?

MR. McCLELLAN: I just told you we had a policy in place regarding this
investigation, and you've heard me say before that we're not going to
talk about it further while it's ongoing.

Q Well, if it's prejudging the Fitzgerald investigation, isn't it
prejudging the Texas investigation with regard to Congressman DeLay?

MR. McCLELLAN: Again, I think I've answered your question.

Q Are you saying the policy doesn't apply?

Q Can I follow up on that? Is the President at all concerned that his
opinion on this being expressed publicly could influence a potential
jury pool, could influence public opinion on this in an improper way?

MR. McCLELLAN: I think that in this instance he was just responding to
a question that was asked about Congressman DeLay, about Leader DeLay,
and in terms of the issue that Peter brings up, I think that we've had
a policy in place, going back to 2003, and that's a White House
policy.

Q But that policy has been based in part, in the leak investigation
and other things, on the idea that it is simply wrong for a President
to prejudge a criminal matter, particularly when it's under indictment
or trial stage. Why would he --

MR. McCLELLAN: And that's one -- this is an ongoing investigation
regarding possible administration officials. So I think there are some
differences here.

Q There are lots of times when you don't comment on any sort of legal
--

MR. McCLELLAN: There are also legal matters that we have commented on,
as well. And certainly there are legal matters when it goes to Saddam
Hussein.

Q So the President is inconsistent?

MR. McCLELLAN: No, David, we put a policy in place regarding this
investigation --

Q But it's hypocritical. You have a policy for some investigations and
not others, when it's a political ally who you need to get work done?

MR. McCLELLAN: Call it presidential prerogative; he responded to that
question. But the White House established a policy --

Q Doesn't it raise questions about his credibility that he's going to
weigh in on some matters and not others, and we're just supposed to
sit back and wait for him to decide what he wants to comment on and
influence?

MR. McCLELLAN: Congressman DeLay's matter is an ongoing legal
proceeding --

Q As is the Fitzgerald investigation --

MR. McCLELLAN: The Fitzgerald investigation is --

Q -- As you've told us ad nauseam from the podium.

MR. McCLELLAN: It's an ongoing investigation, as well.

Q How can you not -- how can you say there's differences between the
two, and we're supposed to buy that? There's no differences. The
President decided to weigh in on one, and not the other.

MR. McCLELLAN: There are differences.

Q And the public is supposed to accept the fact that he's got no
comment on the conduct of senior officials of the White House, but
when it's a political ally over on the Hill who's got to help him get
work done, then he's happy to try to influence that legal process.

MR. McCLELLAN: No, not at all. Not at all. You can get all dramatic
about it, but you know what our policy is.

Harry