11/9 WH Press Briefing by Scott McClellan

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http://www.whitehouse.gov/news/releases/2005/11/20051109-1.html


Q Today, the heads of five major oil companies are testifying in the Senate. And Senator Domenici has said that there are concerns that they are taking unfair advantage of the American people for making these record profits at a time of -- high gas prices. Why doesn't the President share this concern about the profits of these oil companies?

MR. McCLELLAN: We do share the concern of members of Congress. Members of Congress share the President's concern about high energy prices and the impact that those price are having on American families, small businesses and our economy as a whole. Energy companies can and should do more. They are seeing record-high profits and they ought to be investing those profits back into energy infrastructure, investing those profits back into expanding refining capacity and addressing the pipeline concerns.

Q What will the President do to require them to reinvest, to pressure them --

MR. McCLELLAN: The President is going to continue to urge energy companies to do their part to help address the root causes of high energy prices and put some of those profits back into the energy infrastructure. We all have a role to play. Energy companies can and should do more, and that's the message that the President will continue to say. They need to be investing in new technologies that will help us develop alternative sources of energy and help us to improve energy efficiency.

And that's what the President is going to continue -- the President has been out there speaking about this for some time. In fact, the President was out front saying when the price of oil is so high, we shouldn't be providing incentives, special tax incentives to oil companies.

Q So he'll support legislation requiring reinvestment of their profits?

MR. McCLELLAN: The President is going to continue to urge energy companies to do more to help address the root causes of high energy prices.

Q So he does support legislation?

MR. McCLELLAN: I don't know what legislation you're specifically referring to, but the President believes Congress also needs to continue to act and take steps to address the root causes of high energy prices. We led the way and passed a comprehensive national energy strategy to help address this issue. It's not something that -- the President said at the time, it's not something that is going to bring down prices overnight, because it took us a while to get into this situation; it's going to take us a little while to get out. But in the meantime, there is much more that energy companies can be doing, and they should be doing, and that's what we'll continue to emphasize.

Q May I ask you on another topic, quickly? Yesterday, when we were asking about the ethics briefings, you said that staff members who get security clearance do have to sign information when they go through their briefings. You also said that you'd be glad to provide us with information that's not classified regarding these briefings. Would you provide to the media copies of the documents that senior staff have to sign when they agree --

MR. McCLELLAN: I don't know what information is public relating to those briefings. I'll be glad to look into it and we'll get back to you and provide you what information we can.

Q Scott, on the election, Corzine is casting his win as a victory over Bush-Rove. Are you concerned that the leak investigation is having a political fallout? Is that an indication that it is?

MR. McCLELLAN: Again, we've expressed our view on the investigation. Our view is that it's a serious matter and that we are going to continue to cooperate fully with the investigation.

In terms of elections, I think I just expressed our views in terms of the elections. And this President is going to continue to lead and continue to act to address the priorities that the American people care about. That means helping the people in the Gulf Coast region; that means addressing high energy prices and moving forward on new initiatives to help reduce energy prices; that means moving forward and winning the war on terrorism and succeeding in Iraq. Those are the priorities the American people care about, and that's what we're going to continue to focus on.

If others want to engage in politics, that's their business. But the President has an agenda that he is working to implement, and it's an agenda that will improve the quality of life for all Americans.

Q Scott, on the elections, what does the Republican Party have to do for a change in 2006, to gain the major seats that are up for grabs in 2006?

MR. McCLELLAN: What do you mean? We have to continue to offer a hopeful and positive agenda for America's future. That's what we have been doing, and that's what we continue to do. We look forward to discussing the differences when it comes to how we confront the priorities and challenges facing the American people.

Q So do you think that they were doing -- the Republicans who were running in these races, particularly in Virginia and New Jersey, that they were doing these things that you were saying, and just lost?

MR. McCLELLAN: No, I think they were doing exactly what I said. These elections -- I think if you look at the facts -- were based on state and local issues, and based on the candidates and their views and their agenda. And if you look at Virginia, as I pointed out, the lieutenant governor's race was won by a Republican. That's a change. The governor's race stayed the same, it's the same result as 2001. And in New Jersey, you have 300,000 more Democrats that are registered to vote than Republicans. And so New Jersey, for a long time, has been leaning Democratic.

Q But, Scott, the President campaigned for Kilgore. I mean, is he disappointed at Kilgore's loss?

MR. McCLELLAN: He did support his candidacy, and he supported the candidacy of the lieutenant governor, and he supported the candidacy of the attorney general, and the lieutenant governor won. The President congratulates all the winners, including the two newly elected governors in New Jersey and Virginia. And the President --

Q Has he reached out to Kilgore? Has he offered his condolences?

MR. McCLELLAN: We just offered our congratulations -- I don't have any updates on the President's calls -- but offered our congratulations to those who won. The President looks forward to working with those who won to help keep America safe and keep America prosperous. And that's exactly what he'll do. We need to continue to take steps to improve our public schools; we need to continue to take steps to keep our economy growing and reduce high energy prices. And all of us have a role to do in that.

Q Is he disappointed in Kilgore's loss?

MR. McCLELLAN: Well, he congratulates the winners. That's the way I would express it. The President campaigned for Jerry Kilgore, he campaign for Lieutenant Governor-Elect Bolling, and he campaigned for the attorney general candidate, as well.

Q What does he have to offer in terms of political capital? When Republicans look to the President, their own 2006 re-election bids, what kind of agenda or --

MR. McCLELLAN: Well, the Republican Party, I think, has a shared agenda of addressing the biggest challenges facing this country. I know there's a tendency to look ahead a year from now. We're going to focus on addressing the priorities the American people care most about. That's what we will continue to do. And I think that's what the American people expect us to do.

The Democratic Party has no vision and no agenda to offer the American people at the national level. All they can do is say what they're against. They have not offered any sort of positive agenda for the American people, and certainly, they have not embraced the agenda that was outlined by the gubernatorial candidate in Virginia when he ran supporting gun rights, and supporting tax cuts, and supporting family values, and advocating for abstinence education.

Q So you think the President helped the Kilgore campaign, ultimately?

MR. McCLELLAN: The President was glad to go and do his part. I think that the election was decided based on state and local issues, and based on the candidates and their agendas. That's what I think. And I think that if you look at the facts, that points that out, as well, because those campaigns were run based on the issues that I pointed out, and based on those candidates' views and their agenda. And he is pleased to see that the Lieutenant Governor is now going to be a Republican in Virginia.

Q His presence was discounted, basically, he didn't hurt or help Kilgore?

MR. McCLELLAN: He was glad to go in there and do his part to help in that campaign. And he congratulates Tim Kaine for winning, and congratulates Governor-elect Corzine on his victory. And he congratulates Lieutenant Governor Bolling on his victory. And he congratulates all the other candidates that won.

Q Scott, I have a couple questions related to the White House ethics guidelines. But, first of all, I have a follow-up with the windfall profits. Senator Grassley's idea is to use excess oil profits, up to 10 percent, directly toward -- again, voluntarily -- directly toward the LIHEAP program. And is the administration in favor of that?

MR. McCLELLAN: The administration is in favor of energy companies doing their part to help address high energy prices. And they ought to be taking some of those profits and putting them back into research and development and technology and investing in our infrastructure needs. They ought to be supporting people in need. That's what the President believes. In terms of the windfall tax -- windfall profits tax, I think that we previously expressed our views. Secretary Bodman just talked about that last week.

Q With respect to the ethics guidelines, I understand there's a document that was, I presume, being used, prepared by the Office of Government Ethics for the briefings. And I have just a few questions, if you could clarify this. Under 18 U.S. Code Section 2, would public disclosure of classified information constitute an offense against the United States government?

MR. McCLELLAN: Well, that's for the authorities to determine and our legal system to determine.

Q Okay. And then under -- again, these are all -- documents.

MR. McCLELLAN: Yes, Paula, I haven't gone back and read that like you have. It's all publicly available information. What the President believes is that the leaking of classified information is a very serious matter and it ought to be taken seriously. That's what the President believes. And all of us here at the White House understand what is expected of us. It's expected that we focus on the people's priorities and it's expected that we adhere to the highest ethical standards.

And in terms of these refresher briefings that our ethics council is holding, we have held ethics briefings since the very beginning of this administration. In fact, we do annual ethics briefings, and we do other briefings for staff on a continuing basis relating to ethics guidelines. It's something that we have always taken very seriously.

Q The reason I ask is because -- if you'll forgive me for a minute -- under this particular code section -- section two, principles -- it says that, "Whoever commits an offense against the United States or aids, abets, counsels, commands, induces, or procures its commission is punishable as a principal;" and secondly, "Whoever willfully causes an act to be done, which is directly performed by him or another, would be an offense against the United States, is punishable as a principal." And then, I'll give the other --

MR. McCLELLAN: Okay, thank you. That's been put into the record. Now, what are you trying to suggest?

Q I'm not trying to suggest anything. I'm asking to clarify these sections --

MR. McCLELLAN: I don't think they need clarifying. They're very -- they're stated right there, available to the public.

Q Okay, so -- would any government official involved in the leaking of classified information, or in any way involved in making false statements about that, would they be in violation of 18 U.S. Section 1001, which -- and I'll end here --

MR. McCLELLAN: Paula, let me --

Q -- let me just --

MR. McCLELLAN: No, Paula, let me just add -- let me just stop you right there. This is asking a question relating to an ongoing investigation and legal proceeding. That is a very serious matter. We need to let that investigation continue and let that legal proceeding continue. There is a legal system that is in place. There is a presumption of innocence that is looking at one individual, and there is an investigation continuing on other matters. And we are going to do our part to cooperate with the special counsel in that matter, as we have done.

Q This has nothing to do with the special counsel. This has everything to do with the Ethics of Government Act. And for the record, I would just like to read --

MR. McCLELLAN: I think, for the record, people can go and look at this on our website. And for the record, this is being asked in the context of an ongoing investigation and legal proceeding, and I've already indicated to you that we're not going to have further comment on it while it is continuing. If you want to --

Q I would just like to read, for the record --

MR. McCLELLAN: -- go and read that, you're welcome to do that. But I think other people in this room would like to proceed forward with other questions that they have.

Q If I can take permission from the other people in this room, may I please read this one section? Does anyone have any objection?

Q Yes, I don't think we're getting anywhere.

Q Well, that's not the point.

MR. McCLELLAN: Okay, there. Thank you.

Q That's not the point.

MR. McCLELLAN: Carl, do you have a question?

Q Wait a minute, let the majority -- let this nice lady speak.

MR. McCLELLAN: That's all publicly available information.

Q I know. She just has one more --

MR. McCLELLAN: Do you have a question? She has to give a question.

Q She has just one more.

Q I asked if it was -- I asked --

MR. McCLELLAN: Let's go to the question. I mean, we can all go and look at that on the website.

Q Well, fine, but I'll save some time. "Except as otherwise provided in this section, whoever in any matter within the jurisdiction of the executive, legislative or judicial branch of the government of the United States, knowingly and willfully, (1) falsifies, conceals, or covers up by any trick, scheme, or device, a material fact, (2), makes any materially false, fictitious, or fraudulent statement or representation, or (3), makes or uses any false writing or document, knowing the same to contain any materially false, fictitious or fraudulent statement or entry."

MR. McCLELLAN: It's been put into public record.

Q Thank you.