On the recordNovember 8, 2007
The purported conversations that Senators indicate they have had apparently took place in private settings and not in a confirmation hearing held by the Judiciary Committee where these statements could be made a part of the record or cross-examined or where the words could be recorded with any accuracy. These types of promises, though touted as justification for a vote, perhaps, are not legislative history and have not been made a part of the record of this nomination. They cannot be a part of a legislative history of any kind. Furthermore, I would suggest that if Judge Mukasey did, in fact, say that in a categorical manner, which I really doubt, he would be in error. Any President has certain constitutional powers that cannot be taken away by statute.
Source
govinfo.gov




