English subtitles for clip: File:11-18-14- White House Press Briefing.webm

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Mr. Earnest: Good
afternoon, everybody.

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Nice to see you all.

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I don't see too many
faces that toured Asia

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with me last week.

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(laughter)

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The Press: You're
still sleepy.

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Mr. Earnest: So, I
see Jerome is here.

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At least Jerome was
able to make it.

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The Press: How's
the jetlag?

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Mr. Earnest: We're still
fighting it off, Steve,

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to be honest with you.

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But we're hanging
tough against it.

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It's nice to see you all.

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I don't have any
announcements at the top,

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so we'll go straight
to questions.

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Nancy, do you want
to get us started?

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The Press: Thanks, Josh.

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Can you talk a little
bit about this

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review on hostages
taken overseas?

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Mr. Earnest: I can.

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This is something that the
President ordered back over

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the summer, that given sort
of the extraordinary

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nature of some of the
hostage-takings that

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we've seen this year, the President felt it was

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warranted to direct the
relevant departments

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and agencies who have
traditionally been involved

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in assisting families as
they try to recover

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the safe return of
their family members.

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So this is something that
the Department of Defense,

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State, the FBI and the
intelligence community

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have been reviewing.

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The one thing that
I do want to make

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clear, though, is this
review does not include

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a reconsideration of a
longstanding policy

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of the United States
government that

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ransoms should not
be paid to terrorist

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organizations that are
holding hostages.

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But this is obviously an
issue that the President

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takes very seriously.

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We have long said and we
continue to take the view that

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significant resources
have in the past been

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dedicated to trying to
ensure the safe return

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of American citizens
who are being

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held hostage overseas.

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And there was an incident
earlier this summer where the

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President did order a rather
remarkable military effort,

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principally military
effort, to recover some

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American citizens
who were being held

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hostage in Syria.

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That was a mission that
was successfully executed,

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but it did not
successfully result

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in the safe return
of the hostages.

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But this is a review that's
ongoing among the relevant

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agencies that are
principally responsible

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for working on this issue.

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The Press: So if it's a
comprehensive review why

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would the paying of a ransom
not be included in that?

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And even if you're not
doing -- on the question

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of the U.S. policy on
that, are you looking

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at the policy of how
family members who

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might want to pay
ransom are treated,

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whether they're possibly
subject to prosecution?

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Mr. Earnest: Well,
I'd refer you

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to the Department
of Justice for how

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the law is specifically
applied in those matters.

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The reason that we're not
reviewing the policy as it

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relates to not paying ransom
is that our views on this

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are clear, and the President
continues to believe,

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as previous Presidents
have concluded,

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that it's not in
the best interests

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of American citizens to
pay ransoms to any

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organization, let alone a
terrorist organization,

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that is holding an
American hostage.

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And the reason for that
is simple: We don't want

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to put other American
citizens at even greater

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risk when they're around
the globe, and that

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knowing that terrorist
organizations can extract

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a ransom from the United
States if they take

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a hostage only puts
American citizens

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at greater risk.

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The Press: And do
you have a timeline

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for when this might
be wrapped up?

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Mr. Earnest: I don't
have a sense of when

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this review would
be concluded.

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But when it has been,
I'm sure we'll let

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you know about it.

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The Press: The other
question I had was

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about immigration.

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Any sense of when
the President would

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make his announcement?

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There's some talk
on the Hill that

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it might be this week.

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Mr. Earnest: There is
a lot of speculation

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both on the Hill and
across town about this.

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I don't have any
additional updates

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as it relates to timing.

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I mentioned in a briefing
that we conducted

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in Burma last week, of all
places, that the President

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was nearing a final decision
on the executive actions

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that he would take
to fix our broken

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immigration system,
but I don't have

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an update beyond that.

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The Press: Thanks.

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Mr. Earnest: Steve.

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The Press: Josh,
has he received

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the DHS recommendations
on this?

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Mr. Earnest: Steve, as I
mentioned -- last week,

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we did talk about the
fact that the President

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was nearing a final
decision, and beyond

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that, I just don't
have an update.

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The Press: Any meetings
today about this?

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Mr. Earnest: I don't have any
meetings to tell you about.

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The President was obviously
pretty busy over the course

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of the Asia trip; did
not have the opportunity

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to spend much, if any, time
on this issue, but did

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plan to work on it
when he got back.

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So I don't know if there are
any meetings that are

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on the books, but I know
that's something that --

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this is something that's
on his agenda this week.

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The Press: And what about
this Republican strategy

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we're hearing about that
they would try to sort

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of cut off funding for
various aspects

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of carrying out the order?

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Mr. Earnest: Well, I know that
there's been some talk about

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this, but I haven't seen
any specific proposals.

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Obviously this is not
something that we would

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view very favorably.

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The Press: And are you
hoping that by going ahead

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and acting that it will
somehow spur the House

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into some legislative
action in the near term?

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Or what's the strategy?

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Mr. Earnest: Well,
that possibility

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certainly does exist.

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I've said this before that
there is a trump card

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that Republicans hold
right now, and that

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is the President has
indicated that

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if the House of
Representatives does pass

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the Senate bill that already passed in bipartisan fashion

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more than a year ago that
the President would not

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actually follow through
with his intent

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to use his executive
authority to fix

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our broken
immigration system.

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The reason for that is simply
that the legislation that's

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already passed through the
Senate would do more to fix

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the broken immigration
system than the President

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is able to given the
confines of the law.

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So Republicans can certainly
prevent the President from

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taking this executive action
if they pass the Senate bill.

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And I will say that if the
President does take action

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sooner than that and House
Republicans decide before

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the end of the year, before
this Congress adjourns,

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that they do want to
take up the Senate bill,

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the President has
indicated that he would

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happily throw away any
executive actions that

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he did enact in favor
of bipartisan legislation

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that would have significant
benefits for our economy

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in terms of economic
growth and job creation,

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would reduce the deficit, would
strengthen border security.

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There are a whole range of
things that are included in

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this common-sense, bipartisan
Senate bill that would

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be good for the economy
and good for the country.

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I think that's why we had 14
Republicans join with almost

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every Democrat in the Senate
to support this legislation.

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There's a lot of
common sense in there.

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Unfortunately, we haven't
seen the House Republicans

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be persuaded by that
common sense to actually

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take it up.

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Michelle.

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The Press: Just to
clarify what you said

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on -- Steve asked
if he's received

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the recommendations.

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You're not saying whether
this is in the review stage

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at this point, or whether
he's still waiting

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for the full
recommendations?

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Mr. Earnest: That's right,
I don't have any update

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beyond what I said last
week, which is that

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the President is nearing
a final decision on this.

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The Press: Okay.

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So why don't you want
to say whether he's

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received those
recommendations or not?

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I'm just curious.

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Mr. Earnest: Only
because I don't want

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to be in a position of
doing sort of the regular

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daily or even hourly
play-by-play of all this.

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The President has indicated
that he's going to act before

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the end of the year, and that
timeline hasn't changed.

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The Press: Okay.

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And meantime, this rhetoric
has been building out

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there, with now threats of
everything from impeachment,

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lawsuits, and now shutting
down the government.

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Does the White House have
a response to that kind

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of pretty fierce
rhetoric at times?

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Mr. Earnest: Well, it's
certainly not unprecedented

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rhetoric from Republicans,
unfortunately, that even

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with a common-sense
piece of legislation that

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has bipartisan support
Republicans have been

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vociferously critical
of that bill --

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for reasons that I'm
not entirely clear on.

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The question that the
President has before him

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is a pretty simple one,
which is, given that

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Congress, and in this
case House Republicans,

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have refused to act on
legislation that would

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be good for the economy,
good for the deficit,

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good for border
security, and given

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that the Speaker of
the House convened

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a news conference shortly
after the elections

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in which he refused to
commit to even take

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up this legislation again,
the question before

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the President of
the United States

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is, is he going to use his
authority to actually

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do something good for
the country, that would

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be helpful when it comes
to our border security

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in terms of strengthening
our border security.

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Is he going to take
steps that would be good

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for the economy?

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And the answer to
that question is, yes,

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the President is determined
to take the kinds of steps

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that are in the best
interests of the country.

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He would prefer
for Congress

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to actually fulfill
their responsibilities

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in this regard.

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And that's why the
President has indicated

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that if Congress does pass
this legislation

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the President is happy
to have common-sense,

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comprehensive
bipartisan legislation

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that supersedes his
executive action.

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But if they don't, the
President is not going

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to use that as an excuse
to not act himself.

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The Press: The suspense
is killing everyone.

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(laughter)

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But will the
President veto

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the Keystone bill?

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Mr. Earnest: Well, the
President has been

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very clear about what our
views are as it relates

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to the Keystone bill.

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Consistent with past practice,
the State Department has

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a method of reviewing these
kinds of projects that

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span our international
borders, and that means

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that the State Department

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can conduct a review that
includes a wide range of

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considerations, including, at
the President's direction,

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the consideration about
whether or not this

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particular project would
substantially contribute

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to carbon pollution and the
impacts of climate change.

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So there is a process
that's underway that

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is currently going through
its regular course.

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This is complicated at least
a little by ongoing court

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proceedings in the state
of Nebraska as it relates

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00:09:23,763 --> 00:09:26,133
to the route of the
pipeline in Nebraska.

250
00:09:26,132 --> 00:09:28,732
But there is a process
underway, and the President

251
00:09:28,734 --> 00:09:31,434
is confident that that process will carefully evaluate

252
00:09:31,437 --> 00:09:34,137
the consequences of
this specific proposal

253
00:09:34,140 --> 00:09:36,140
and that that's
the proper way for

254
00:09:36,142 --> 00:09:38,142
a decision like
this to be made.

255
00:09:38,144 --> 00:09:39,144
The Press: So
that's a yes?

256
00:09:39,145 --> 00:09:42,315
Mr. Earnest: It is an
answer to the President's

257
00:09:42,315 --> 00:09:46,055
view that the State
Department is the proper

258
00:09:46,052 --> 00:09:49,752
venue for reaching
this determination.

259
00:09:49,755 --> 00:09:50,755
Justin.

260
00:09:50,756 --> 00:09:53,596
The Press: I just wanted
to go back to something

261
00:09:53,592 --> 00:09:56,032
you said first about
the possibility that

262
00:09:56,028 --> 00:09:57,168
Republicans would
attach something

263
00:09:57,163 --> 00:10:01,103
to a spending bill that
would defund whatever

264
00:10:01,100 --> 00:10:03,370
the President's executive
actions on immigration were.

265
00:10:03,369 --> 00:10:04,939
You said that's not
something that you would

266
00:10:04,937 --> 00:10:07,307
view very favorably.

267
00:10:07,306 --> 00:10:10,676
Is that in the same way you'd
not view the Keystone pipeline

268
00:10:10,676 --> 00:10:14,476
legislation favorably, on a
scale of veto or not veto?

269
00:10:14,480 --> 00:10:16,620
(laughter)

270
00:10:16,615 --> 00:10:18,385
I'm just trying to
understand what

271
00:10:18,384 --> 00:10:19,254
you mean by that.

272
00:10:19,251 --> 00:10:22,051
Mr. Earnest: Well, it's hard
to render a particularly

273
00:10:22,054 --> 00:10:25,554
definitive judgment on
those kinds of proposals

274
00:10:25,558 --> 00:10:27,798
because they haven't
been put forward yet.

275
00:10:27,793 --> 00:10:30,133
But I think as a general
matter as it relates

276
00:10:30,129 --> 00:10:32,899
to the immigration reform decision that rests

277
00:10:32,898 --> 00:10:36,868
on the President's desk, that
the President is confident

278
00:10:36,869 --> 00:10:39,809
that whatever action he
will take will be within

279
00:10:39,805 --> 00:10:41,175
the confines of the law.

280
00:10:41,173 --> 00:10:44,573
So he'll be taking a lawful
action that is not inconsistent

281
00:10:44,577 --> 00:10:46,947
with executive actions
that previous Presidents,

282
00:10:46,946 --> 00:10:48,646
including Republican
Presidents, have taken

283
00:10:48,647 --> 00:10:51,987
on this specific issue
of immigration reform.

284
00:10:51,984 --> 00:10:54,584
So I think that's
why, in our view,

285
00:10:54,587 --> 00:10:58,757
we would consider it to be
unwarranted for Republicans

286
00:10:58,758 --> 00:11:02,658
in Congress to try to undo
that executive action

287
00:11:02,661 --> 00:11:05,501
using the budget process.

288
00:11:05,498 --> 00:11:08,738
The Press: On the timing issue
that's come up a few times,

289
00:11:08,734 --> 00:11:11,304
will you concede that part
of your calculation

290
00:11:11,303 --> 00:11:13,773
is kind of the political
consideration of if you

291
00:11:13,773 --> 00:11:15,673
bring this out before a
spending bill is brought

292
00:11:15,674 --> 00:11:19,374
up it would give
Republicans an opportunity,

293
00:11:19,378 --> 00:11:21,278
through the
budget process

294
00:11:21,280 --> 00:11:23,320
that has to happen
by December 11th?

295
00:11:23,315 --> 00:11:25,055
Mr. Earnest: Well, I mean, I
guess the question you're

296
00:11:25,051 --> 00:11:26,991
asking is, what about the
legislative strategy, right,

297
00:11:26,986 --> 00:11:29,786
about whether the President
should make this decision

298
00:11:29,789 --> 00:11:34,389
before Congress has acted on
either a CR or an omnibus,

299
00:11:34,393 --> 00:11:37,363
with the thinking being that
if the President waits until

300
00:11:37,363 --> 00:11:40,063
after they pass the CR or the
omnibus that Republicans

301
00:11:40,066 --> 00:11:42,466
are less likely to attach
some kind of rider that

302
00:11:42,468 --> 00:11:44,468
would defund any of the
President's actions.

303
00:11:46,705 --> 00:11:48,345
I think the fact is you
could probably argue

304
00:11:48,340 --> 00:11:50,340
this both ways.

305
00:11:50,342 --> 00:11:53,312
Republicans, as they should
be, are well aware of the

306
00:11:53,312 --> 00:11:56,112
President's intent to act
before the end of the year.

307
00:11:56,115 --> 00:11:59,485
And my sense is that even
if the President doesn't

308
00:11:59,485 --> 00:12:03,355
announce anything until
late in December that

309
00:12:03,355 --> 00:12:05,855
will not prevent
Republicans from

310
00:12:05,858 --> 00:12:09,628
preemptively trying
to attach to the CR

311
00:12:09,628 --> 00:12:14,968
or an omnibus bill
a proposal to make

312
00:12:14,967 --> 00:12:17,307
the implementation of that
executive action harder.

313
00:12:17,303 --> 00:12:21,773
So there are a variety
of views on this topic,

314
00:12:21,774 --> 00:12:25,844
and while I guess
I would concede,

315
00:12:25,845 --> 00:12:27,845
based on the long
explanation I've given,

316
00:12:27,847 --> 00:12:29,847
that this is something
that's been discussed

317
00:12:29,849 --> 00:12:34,219
at the White House, that I'm
not sure -- that given

318
00:12:34,220 --> 00:12:35,990
you could argue it either
way, I don't think

319
00:12:35,988 --> 00:12:38,728
that this strategic
decision that

320
00:12:38,724 --> 00:12:41,794
you've raised here will
determine the outcome at all.

321
00:12:41,794 --> 00:12:42,724
The Press: Last one.

322
00:12:42,728 --> 00:12:45,768
Do you expect the Keystone
bill to pass today?

323
00:12:45,764 --> 00:12:48,634
Mr. Earnest: I'm not
nearly as keen an observer

324
00:12:48,634 --> 00:12:51,204
of the legislative
process as all of you.

325
00:12:51,203 --> 00:12:54,943
I know that some supporters
of the proposal say that

326
00:12:54,940 --> 00:12:57,380
they have the votes
necessary to pass the bill.

327
00:12:57,376 --> 00:13:00,076
But they'll put the bill
on the floor tonight,

328
00:13:00,079 --> 00:13:01,649
and I guess we'll
all find out.

329
00:13:01,647 --> 00:13:02,717
Cheryl.

330
00:13:02,715 --> 00:13:04,515
The Press: I'm
going to try.

331
00:13:04,517 --> 00:13:06,557
(laughter)

332
00:13:06,552 --> 00:13:07,682
Mr. Earnest: There will be
a lot of that today.

333
00:13:07,686 --> 00:13:09,086
The Press: Senator
McConnell has asked for

334
00:13:09,088 --> 00:13:12,128
a formal statement of
administration policy

335
00:13:12,124 --> 00:13:14,364
to find out what the
administration's

336
00:13:14,360 --> 00:13:16,460
position is, whether he'd
veto the bill or not,

337
00:13:16,462 --> 00:13:17,592
heading into that vote.

338
00:13:17,596 --> 00:13:20,566
Do you plan on sending
a statement

339
00:13:20,566 --> 00:13:23,936
of administration policy on
the Keystone bill today?

340
00:13:23,936 --> 00:13:25,606
Mr. Earnest: I have not
heard any discussion

341
00:13:25,604 --> 00:13:26,604
of doing that.

342
00:13:26,605 --> 00:13:28,575
But if our decision
on that changes,

343
00:13:28,574 --> 00:13:31,144
we'll make sure that
all of you get it.

344
00:13:31,143 --> 00:13:32,143
Laura.

345
00:13:32,144 --> 00:13:34,144
The Press: What's the
White House reaction

346
00:13:34,146 --> 00:13:36,186
regarding the attack
in Israel today?

347
00:13:36,182 --> 00:13:38,352
And does the President
plan to speak with

348
00:13:38,350 --> 00:13:40,050
Prime Minister Netanyahu?

349
00:13:40,052 --> 00:13:42,352
Mr. Earnest: Well, Laura,
I don't have any

350
00:13:42,354 --> 00:13:45,424
phone calls to
preview for you here.

351
00:13:45,424 --> 00:13:47,424
You've seen that the
White House has put out

352
00:13:47,426 --> 00:13:48,796
a written statement
from the President,

353
00:13:48,794 --> 00:13:51,464
and I believe he had the
opportunity to address

354
00:13:51,463 --> 00:13:54,063
this senseless act of
violence at the beginning

355
00:13:54,066 --> 00:13:56,136
of a meeting that he
convened earlier today.

356
00:13:56,135 --> 00:14:02,145
So we obviously are deeply
concerned about the --

357
00:14:05,644 --> 00:14:08,244
specifically about
this terrorist act.

358
00:14:08,247 --> 00:14:12,387
We're talking about attackers
senselessly and brutally

359
00:14:12,384 --> 00:14:14,384
killing innocent
worshipers at a synagogue.

360
00:14:17,523 --> 00:14:20,023
Those who were killed include
three American citizens.

361
00:14:22,261 --> 00:14:24,831
The fact is there can
be no justification for

362
00:14:24,830 --> 00:14:28,830
an attack like this against
innocent civilians.

363
00:14:28,834 --> 00:14:31,204
And the thoughts and prayers
of the American people

364
00:14:31,203 --> 00:14:33,543
are with the victims and
families of those who were

365
00:14:33,539 --> 00:14:35,539
killed and injured in
this horrific attack,

366
00:14:35,541 --> 00:14:37,581
and in other
recent violence.

367
00:14:37,576 --> 00:14:39,576
At this sensitive
moment in Jerusalem,

368
00:14:39,578 --> 00:14:42,218
it is all the more important
for Israeli and Palestinian

369
00:14:42,214 --> 00:14:44,714
leaders and ordinary citizens
to work cooperatively

370
00:14:44,717 --> 00:14:47,487
together to lower
tensions, reject violence,

371
00:14:47,486 --> 00:14:50,826
and seek a path
forward toward peace.

372
00:14:50,823 --> 00:14:51,823
Angela.

373
00:14:51,824 --> 00:14:54,224
The Press: There's been a
growing chorus of business

374
00:14:54,226 --> 00:14:57,796
leaders asking the White House
to step in on the brewing

375
00:14:57,796 --> 00:14:59,866
West Coast port strike --
right now a slowdown,

376
00:14:59,865 --> 00:15:02,405
but threatening a strike out
there right as the holiday

377
00:15:02,401 --> 00:15:06,171
season approaches and
shipping volume is high.

378
00:15:06,171 --> 00:15:09,511
Is that something that the
President is considering?

379
00:15:09,508 --> 00:15:11,748
Is it being discussed
at various levels?

380
00:15:11,744 --> 00:15:14,384
Obviously President Bush
did step in, in 2002,

381
00:15:14,380 --> 00:15:15,850
in a similar situation.

382
00:15:15,848 --> 00:15:18,018
Mr. Earnest: Angela,
to be honest with you,

383
00:15:18,017 --> 00:15:19,917
I don't know if there have
been discussions about

384
00:15:19,918 --> 00:15:21,388
this at the White House.

385
00:15:21,387 --> 00:15:22,587
There are none
that I'm aware of,

386
00:15:22,588 --> 00:15:25,088
but we can certainly
look into that for you.

387
00:15:25,090 --> 00:15:27,460
The Press: Is there
a threshold at which

388
00:15:27,459 --> 00:15:30,699
the White House
would intervene?

389
00:15:30,696 --> 00:15:31,726
Mr. Earnest: Well,
presumably, that's one

390
00:15:31,730 --> 00:15:32,970
of the things that would be
discussed if discussions

391
00:15:32,965 --> 00:15:34,095
like that were ongoing.

392
00:15:34,099 --> 00:15:35,469
And I just don't know
the answer to that.

393
00:15:35,467 --> 00:15:37,067
We'll have to look
into that for you.

394
00:15:37,069 --> 00:15:38,469
Jon.

395
00:15:38,470 --> 00:15:42,110
The Press: Going back to the
immigration executive order

396
00:15:42,107 --> 00:15:44,607
that's coming, does the
President still stand

397
00:15:44,610 --> 00:15:47,780
by what he said last year
when he said, "I am not

398
00:15:47,780 --> 00:15:49,780
the emperor of the
United States.

399
00:15:49,782 --> 00:15:52,052
My job is to execute
laws that are passed."

400
00:15:52,051 --> 00:15:53,121
Is that still operative?

401
00:15:53,118 --> 00:15:54,358
Mr. Earnest: Absolutely.

402
00:15:54,353 --> 00:15:55,323
The Press: Not a king, either.

403
00:15:55,321 --> 00:15:56,751
Mr. Earnest: That's right.

404
00:15:56,755 --> 00:15:58,955
The Press: Because he was
asked very specifically

405
00:15:58,957 --> 00:16:01,357
about the idea of expanding
the deferred action

406
00:16:01,360 --> 00:16:04,260
executive order for the
DREAMers to their parents.

407
00:16:04,263 --> 00:16:09,203
And he said, September 17th
of last year, to Telemundo,

408
00:16:09,201 --> 00:16:12,071
very clearly, "if we
start broadening that,

409
00:16:12,071 --> 00:16:14,941
then essentially I would be
ignoring the law in a way

410
00:16:14,940 --> 00:16:17,380
that would make it very
difficult to defend legally,

411
00:16:17,376 --> 00:16:19,946
so that is not an option."

412
00:16:19,945 --> 00:16:23,285
Is that still operative, when
the President said specifically

413
00:16:23,282 --> 00:16:26,882
that expanding the DACA
executive order is not

414
00:16:26,885 --> 00:16:28,885
an option because it would
be ignoring the law.

415
00:16:28,887 --> 00:16:29,887
Does he still believe that?

416
00:16:29,888 --> 00:16:31,288
Mr. Earnest: Well, Jon,
I don't want to get

417
00:16:31,290 --> 00:16:33,790
ahead of any sort of
announcements that

418
00:16:33,792 --> 00:16:35,332
the President may make
before the end of the year

419
00:16:35,327 --> 00:16:37,827
about executive actions
that he may take to fix our

420
00:16:37,830 --> 00:16:39,430
broken immigration system.

421
00:16:39,431 --> 00:16:43,701
Since this interview aired,
the President did direct

422
00:16:43,702 --> 00:16:45,772
the Attorney General and the
Secretary of Homeland Security

423
00:16:45,771 --> 00:16:48,741
to conduct a review of the law
to determine what, if any,

424
00:16:48,741 --> 00:16:52,441
authority he could use to try
to fix some of the problems

425
00:16:52,444 --> 00:16:56,414
that House Republicans have
refused to address.

426
00:16:56,415 --> 00:16:59,385
So this is something that has
been under consideration for

427
00:16:59,385 --> 00:17:01,625
some time by the Attorney
General of the United States

428
00:17:01,620 --> 00:17:03,990
and by the Secretary of
Homeland Security.

429
00:17:07,659 --> 00:17:08,659
The Press: So just to be
clear, so you're saying that

430
00:17:08,660 --> 00:17:11,560
this is no longer operative
because we've had a review.

431
00:17:11,563 --> 00:17:15,733
So when the President said
that expanding DACA to apply

432
00:17:15,734 --> 00:17:18,574
to the parents of the
DREAMers, for instance,

433
00:17:18,570 --> 00:17:22,170
would be broadening and
essentially ignoring the law

434
00:17:22,174 --> 00:17:24,244
in a way that would be
difficult to defend legally,

435
00:17:24,243 --> 00:17:26,613
that it's not an option
-- that that statement

436
00:17:26,612 --> 00:17:27,612
is no longer operative?

437
00:17:27,613 --> 00:17:29,953
Mr. Earnest: What I'm saying is
we'll have an opportunity

438
00:17:29,948 --> 00:17:33,318
to evaluate the actions that
the President has chosen

439
00:17:33,318 --> 00:17:35,318
to take after he's
announced them.

440
00:17:35,320 --> 00:17:37,320
The Press: I'm not
asking about the options.

441
00:17:37,322 --> 00:17:40,162
I'm just saying, does the
President still stand by what

442
00:17:40,159 --> 00:17:42,299
he said in that interview in
September of last year?

443
00:17:42,294 --> 00:17:45,394
Mr. Earnest: Well, Jon,
obviously there are

444
00:17:45,397 --> 00:17:45,897
some things --

445
00:17:45,898 --> 00:17:47,068
The Press: Sounds
like a no.

446
00:17:47,065 --> 00:17:49,335
Mr. Earnest:
Well, it's not.

447
00:17:49,334 --> 00:17:51,304
Obviously there have
been some things that

448
00:17:51,303 --> 00:17:52,303
have changed, right?

449
00:17:52,304 --> 00:17:54,304
We have been in a situation
where the President

450
00:17:54,306 --> 00:17:56,306
has ordered a broader,
in-depth review

451
00:17:56,308 --> 00:17:58,308
of the existing law to
determine what sort

452
00:17:58,310 --> 00:18:00,350
of executive authority
does rest with

453
00:18:00,345 --> 00:18:03,215
the presidency to determine
what kinds of steps

454
00:18:03,215 --> 00:18:04,755
he could take on his own.

455
00:18:04,750 --> 00:18:06,750
The other thing that
we've seen is we've seen

456
00:18:06,752 --> 00:18:09,252
House Republicans refuse to
act even on common-sense

457
00:18:09,254 --> 00:18:11,594
legislation that would fix
so many of the problems

458
00:18:11,590 --> 00:18:13,890
of our broken immigration
system in a way that

459
00:18:13,892 --> 00:18:16,432
would strengthen border security, reduce the deficit,

460
00:18:16,428 --> 00:18:17,568
and be good for the economy.

461
00:18:17,563 --> 00:18:19,233
The Press: They had already
refused to act at this point.

462
00:18:19,231 --> 00:18:21,231
Mr. Earnest: Well, I guess
it's fair to say they've

463
00:18:21,233 --> 00:18:23,233
been refusing to act
for quite some time.

464
00:18:23,235 --> 00:18:25,235
At that point, it had
only been a few months

465
00:18:25,237 --> 00:18:27,237
that they'd been
refusing to act.

466
00:18:27,239 --> 00:18:29,239
Now it's been almost
a year and a half.

467
00:18:29,241 --> 00:18:31,241
The Press: But why are you
not using -- to switch back

468
00:18:31,243 --> 00:18:34,243
to Keystone -- why are you
not using the word "veto"?

469
00:18:34,246 --> 00:18:36,286
Why are you not saying --
previously when this issue had

470
00:18:36,281 --> 00:18:39,551
come up, you said -- you issued
a statement of administration

471
00:18:39,551 --> 00:18:42,251
policy that the
President's advisor would

472
00:18:42,254 --> 00:18:44,194
recommend a veto.

473
00:18:44,189 --> 00:18:46,189
It seems substantively
what you're saying

474
00:18:46,191 --> 00:18:48,831
is it hasn't changed, but
you're not saying it again.

475
00:18:48,827 --> 00:18:50,667
Is there a reason you're
leaving options open

476
00:18:50,662 --> 00:18:52,062
to not veto it?

477
00:18:52,064 --> 00:18:53,804
Mr. Earnest: Well, I guess
-- I don't want to leave

478
00:18:53,799 --> 00:18:54,729
you that impression.

479
00:18:54,733 --> 00:18:57,233
It certainly is a piece of
legislation that the President

480
00:18:57,236 --> 00:19:00,176
doesn't support because the
President believes that this

481
00:19:00,172 --> 00:19:02,942
is something that should
be determined through

482
00:19:02,941 --> 00:19:06,681
the State Department and
the regular process that

483
00:19:06,678 --> 00:19:09,578
is in place to evaluate
projects like this.

484
00:19:09,581 --> 00:19:11,381
But again, I'm not in
a position to issue

485
00:19:11,383 --> 00:19:13,823
veto threats from here,
but as you rightly point

486
00:19:13,819 --> 00:19:15,819
out, there are similar
pieces of legislation

487
00:19:15,821 --> 00:19:17,921
that have been introduced
in this Congress where

488
00:19:17,923 --> 00:19:19,923
the President's
senior advisors have

489
00:19:19,925 --> 00:19:20,625
recommended a veto.

490
00:19:20,626 --> 00:19:20,926
The Press: Okay.

491
00:19:20,926 --> 00:19:22,026
And just one other subject.

492
00:19:22,027 --> 00:19:25,767
The videos of Jonathan Gruber
have now become kind of --

493
00:19:25,764 --> 00:19:26,904
almost a hit series -- I
guess there's like

494
00:19:26,899 --> 00:19:29,269
seven of them out now.

495
00:19:29,268 --> 00:19:31,908
They're talking about
the stupidity

496
00:19:31,904 --> 00:19:35,804
of the American voter, of
the ways that -- the process

497
00:19:35,807 --> 00:19:39,577
of passing the health care
law, the ways in which

498
00:19:39,578 --> 00:19:42,848
people were duped as to
what was actually going on.

499
00:19:42,848 --> 00:19:44,948
I'm wondering what your
reaction to this --

500
00:19:44,950 --> 00:19:47,090
obviously he was a
very important figure

501
00:19:47,085 --> 00:19:49,785
in the crafting of
the health care law,

502
00:19:49,788 --> 00:19:52,188
so what is your view of
what he's had to say?

503
00:19:52,190 --> 00:19:54,360
Mr. Earnest: Well, I
think the President,

504
00:19:54,359 --> 00:19:56,929
when he answered a question on
this at the news conference

505
00:19:56,929 --> 00:19:59,029
in Brisbane over the weekend,
was pretty clear about

506
00:19:59,031 --> 00:20:00,671
the fact that the sentiments
that were expressed

507
00:20:00,666 --> 00:20:03,036
by Dr. Gruber are not
sentiments that the President

508
00:20:03,035 --> 00:20:06,435
agrees with, and frankly,
don't actually reflect

509
00:20:06,438 --> 00:20:09,278
what actually happened in
the process of passing

510
00:20:09,274 --> 00:20:11,444
and implementing this law.

511
00:20:11,443 --> 00:20:15,013
The fact of the matter is
I do think that people

512
00:20:15,013 --> 00:20:17,513
are understandably pretty
tired of relitigating

513
00:20:17,516 --> 00:20:20,486
all the political fights
from 2009 and 2010

514
00:20:20,485 --> 00:20:22,485
as it relates to the
Affordable Care Act.

515
00:20:22,487 --> 00:20:24,927
And there are some
Republicans, however,

516
00:20:24,923 --> 00:20:27,263
who do seek to sort of fan
the flames of those

517
00:20:27,259 --> 00:20:29,259
old political arguments
because they think

518
00:20:29,261 --> 00:20:31,261
it is politically
advantageous for them

519
00:20:31,263 --> 00:20:33,063
to do so.

520
00:20:33,065 --> 00:20:35,065
My suspicion is that
they do so because

521
00:20:35,067 --> 00:20:37,737
it's easier to talk about
six and eight-year-old

522
00:20:37,736 --> 00:20:41,706
videos than it is to
talk about how smoothly

523
00:20:41,707 --> 00:20:44,147
the opening of the second
open enrollment period

524
00:20:44,142 --> 00:20:46,612
has gone so far, or to talk
about the millions of people

525
00:20:46,612 --> 00:20:48,612
that have gotten health
care as a result

526
00:20:48,614 --> 00:20:50,614
of the Affordable Care
Act, or to talk about

527
00:20:50,616 --> 00:20:52,786
how the growth in
health care costs

528
00:20:52,784 --> 00:20:56,384
is the lowest in
recorded history,

529
00:20:56,388 --> 00:20:58,388
again, in the aftermath
of the passing

530
00:20:58,390 --> 00:20:59,390
of the Affordable
Care Act.

531
00:20:59,391 --> 00:21:02,161
The Affordable Care Act
guarantees a bunch of patient

532
00:21:02,160 --> 00:21:05,600
protections, including that
people can't be discriminated

533
00:21:05,597 --> 00:21:07,997
against because they have
a preexisting condition.

534
00:21:08,000 --> 00:21:10,000
All that stuff is
pretty inconvenient for

535
00:21:10,002 --> 00:21:12,002
people who oppose the
law to talk about.

536
00:21:12,004 --> 00:21:14,004
So it's easier for them
to talk about these

537
00:21:14,006 --> 00:21:14,976
kinds of videos.

538
00:21:14,973 --> 00:21:16,973
And they're certainly
welcome to do that.

539
00:21:16,975 --> 00:21:18,975
I don't think that there's a
particularly large audience

540
00:21:18,977 --> 00:21:20,977
of the American
people that's eager

541
00:21:20,979 --> 00:21:21,979
to have this discussion.

542
00:21:21,980 --> 00:21:23,980
The Press: But you would
acknowledge he was

543
00:21:23,982 --> 00:21:25,982
an important figure in the
crafting of this law.

544
00:21:25,984 --> 00:21:27,984
Mr. Earnest: Well, I think
the President acknowledged

545
00:21:27,986 --> 00:21:29,986
in the news conference that
he did over the weekend

546
00:21:29,988 --> 00:21:33,828
when I believe Ed
asked about this that

547
00:21:33,825 --> 00:21:37,225
Mr. Gruber was an advisor.

548
00:21:37,229 --> 00:21:39,299
The Press: Would he welcome
more government contracts?

549
00:21:39,297 --> 00:21:41,767
He's made more than
$2 million from

550
00:21:41,767 --> 00:21:44,767
the federal government,
$400,000 specifically

551
00:21:44,770 --> 00:21:48,240
regarding the health
care law, and of course,

552
00:21:48,240 --> 00:21:49,840
a lot more money from
the states as well.

553
00:21:49,841 --> 00:21:52,481
Is he now kind of
persona non grata,

554
00:21:52,477 --> 00:21:56,117
no more government contracts
for Jonathan Gruber?

555
00:21:56,114 --> 00:21:58,314
Mr. Earnest: Well, I
assume that those kinds

556
00:21:58,316 --> 00:22:04,026
of decisions are made on
a -- based on merit.

557
00:22:05,457 --> 00:22:08,457
But certainly the comments
that he has now famously

558
00:22:08,460 --> 00:22:11,830
expressed are not views
that are shared by anybody

559
00:22:11,830 --> 00:22:13,030
at the White House.

560
00:22:13,031 --> 00:22:14,271
The Press: Can I
follow that, Josh?

561
00:22:14,266 --> 00:22:15,536
Mr. Earnest: I'll come
right back to you, Wendell.

562
00:22:15,534 --> 00:22:16,404
April.

563
00:22:16,401 --> 00:22:17,541
The Press: Josh, I
have several subjects,

564
00:22:17,536 --> 00:22:18,366
different subjects.

565
00:22:18,370 --> 00:22:20,540
I want to ask you
first about something

566
00:22:20,539 --> 00:22:22,739
the President
said about Ebola.

567
00:22:22,741 --> 00:22:24,381
He said, we're not
out of the woods yet.

568
00:22:24,376 --> 00:22:26,616
Is it an assumption that
you're hoping for the best,

569
00:22:26,611 --> 00:22:29,981
but expanding possibly another
case scenario that you

570
00:22:29,981 --> 00:22:32,421
may have Ebola coming into
this country, or that

571
00:22:32,417 --> 00:22:36,587
someone could contract it
from someone with Ebola?

572
00:22:36,588 --> 00:22:38,188
Mr. Earnest: Well, April,
I think the reason that

573
00:22:38,190 --> 00:22:39,590
the President said that
we're not out of the woods

574
00:22:39,591 --> 00:22:43,391
yet is that we continue
to see Ebola cases being

575
00:22:43,395 --> 00:22:46,695
reported in West Africa
and there is new concern

576
00:22:46,698 --> 00:22:49,038
about the nation of Mali,
about the potential

577
00:22:49,034 --> 00:22:51,704
spread of the disease
in that country.

578
00:22:51,703 --> 00:22:54,703
We've been pretty candid about
the fact that the risk

579
00:22:54,706 --> 00:22:57,146
of a widespread Ebola
outbreak in the United States

580
00:22:57,142 --> 00:23:00,042
remains exceedingly
low, but that that risk

581
00:23:00,045 --> 00:23:04,785
to the American people
is not eliminated until

582
00:23:04,783 --> 00:23:06,783
this disease has been
stopped in its tracks

583
00:23:06,785 --> 00:23:07,785
in West Africa.

584
00:23:07,786 --> 00:23:09,786
And so that's why you're
seeing the significant

585
00:23:09,788 --> 00:23:11,788
commitment of resources from
the federal government

586
00:23:11,790 --> 00:23:13,790
to try to stop this
outbreak in West Africa.

587
00:23:13,792 --> 00:23:15,792
And that's why the
administration has asked

588
00:23:15,794 --> 00:23:19,834
Congress to pass some
additional funding to increase

589
00:23:19,831 --> 00:23:23,931
readiness in this country to respond to Ebola patients

590
00:23:23,935 --> 00:23:25,935
if there should be others
that materialize in this

591
00:23:25,937 --> 00:23:28,577
country, but also, and
just as importantly,

592
00:23:28,573 --> 00:23:30,573
and in some ways even
more importantly,

593
00:23:30,575 --> 00:23:32,575
to make sure that we're
mobilizing the necessary

594
00:23:32,577 --> 00:23:34,577
resources to stop this
outbreak in West Africa.

595
00:23:34,579 --> 00:23:37,679
The Press: On my second
subject, is this White House

596
00:23:37,682 --> 00:23:40,752
gearing up for a major
fight come January?

597
00:23:42,788 --> 00:23:44,088
Mr. Earnest: About
anything specific?

598
00:23:44,089 --> 00:23:45,559
(laughter)

599
00:23:45,557 --> 00:23:48,327
The Press: January,
both Houses are red,

600
00:23:48,326 --> 00:23:50,166
and this is a very
blue White House.

601
00:23:50,162 --> 00:23:53,902
Are you gearing up
for a big fight?

602
00:23:53,899 --> 00:23:54,629
Mr. Earnest: I guess I
don't really understand

603
00:23:54,633 --> 00:23:55,763
the question.

604
00:23:55,767 --> 00:23:56,597
The Press: Okay.

605
00:23:56,601 --> 00:23:58,471
Well, you've got a
Congress that doesn't like

606
00:23:58,470 --> 00:24:03,040
health care reform that
this President put through.

607
00:24:03,041 --> 00:24:04,941
Mr. Earnest: That's been
true for four years, right?

608
00:24:04,943 --> 00:24:06,483
The Press: They are now
in control and looking

609
00:24:06,478 --> 00:24:08,778
at doing things to
change it.

610
00:24:08,780 --> 00:24:11,120
Immigration reform --
the President is talking

611
00:24:11,116 --> 00:24:13,286
about pushing immigration
reform through now,

612
00:24:13,285 --> 00:24:14,885
and in January when
they're here they're

613
00:24:14,886 --> 00:24:15,716
going to push back.

614
00:24:15,720 --> 00:24:18,690
Are you concerned
about a big fight?

615
00:24:18,690 --> 00:24:19,930
Mr. Earnest: April, I
think the President has

616
00:24:19,925 --> 00:24:22,265
been pretty clear about
what he believes he can

617
00:24:22,260 --> 00:24:27,000
do with the next Congress,
and that is specifically

618
00:24:26,998 --> 00:24:28,468
that we should be able
to find some areas

619
00:24:28,466 --> 00:24:30,806
of common ground where
we can make progress

620
00:24:30,802 --> 00:24:32,102
for the American people.

621
00:24:32,103 --> 00:24:33,543
That said, we're
going to have plenty

622
00:24:33,538 --> 00:24:35,478
of disagreements over
probably lots of things.

623
00:24:35,473 --> 00:24:40,183
And I think the key here is to
recognize that we don't want

624
00:24:40,178 --> 00:24:43,518
to be in a position where we
prevent those disagreements,

625
00:24:43,515 --> 00:24:47,185
some of them significant,
from allowing us to identify

626
00:24:47,185 --> 00:24:48,885
some common ground
and make progress for

627
00:24:48,887 --> 00:24:50,527
the American people using
that common ground.

628
00:24:50,522 --> 00:24:57,062
So whether it is tax reform,
or even making it easier for

629
00:24:57,062 --> 00:25:00,502
American goods and services
to be sold overseas,

630
00:25:00,498 --> 00:25:01,898
there may be an
opportunity for Democrats

631
00:25:01,900 --> 00:25:03,130
and Republicans to
work together.

632
00:25:03,134 --> 00:25:04,734
And we'd welcome
those opportunities.

633
00:25:04,736 --> 00:25:06,406
The Press: Well, since you're
looking for common ground,

634
00:25:06,404 --> 00:25:09,544
Congresswoman Marsha Fudge said
that you should have talked

635
00:25:09,541 --> 00:25:14,611
to Harry Reid to put on the
schedule to have Ms. Lynch,

636
00:25:14,613 --> 00:25:17,213
Loretta Lynch, have a
confirmation hearings before

637
00:25:17,215 --> 00:25:22,085
January because nothing will
go through come January.

638
00:25:22,087 --> 00:25:22,957
That's what she said.

639
00:25:22,954 --> 00:25:24,654
What do you say to
people like that?

640
00:25:24,656 --> 00:25:29,466
Mr. Earnest: Well, all I
would say is that Ms. Lynch

641
00:25:29,461 --> 00:25:32,561
is an exceedingly highly
qualified nominee.

642
00:25:32,564 --> 00:25:35,234
She is somebody with a
stellar legal track record

643
00:25:35,233 --> 00:25:39,473
and somebody who deserves
prompt and bipartisan

644
00:25:39,471 --> 00:25:41,641
confirmation in the
United States Senate.

645
00:25:41,640 --> 00:25:43,440
We've seen some early
indications from

646
00:25:43,441 --> 00:25:46,281
Republicans that they
are going to give

647
00:25:46,278 --> 00:25:48,118
her a fair and
prompt hearing.

648
00:25:48,113 --> 00:25:50,253
We would expect
nothing less.

649
00:25:50,248 --> 00:25:52,648
And the President is
confident that

650
00:25:52,651 --> 00:25:55,891
she'll get the
bipartisan confirmation

651
00:25:55,887 --> 00:25:57,287
that she deserves.

652
00:25:57,289 --> 00:25:58,959
The Press: And
lastly, on Ferguson.

653
00:25:58,957 --> 00:26:01,657
Has this administration or
this President -- does he know

654
00:26:01,660 --> 00:26:06,800
anything about the potentials
of a verdict on this --

655
00:26:06,798 --> 00:26:10,768
or the possible indictment
or not indictment on this

656
00:26:10,769 --> 00:26:15,609
officer who shot and
killed Michael Brown?

657
00:26:15,607 --> 00:26:18,407
Mr. Earnest: Well, I think
it's been pretty broadly,

658
00:26:18,410 --> 00:26:21,850
widely reported that there
are ongoing grand jury

659
00:26:21,846 --> 00:26:27,016
proceedings in Ferguson
related to this specific case,

660
00:26:27,018 --> 00:26:29,358
but nobody at the White House
has any special knowledge

661
00:26:29,354 --> 00:26:30,384
of those proceedings.

662
00:26:30,388 --> 00:26:32,488
The Press: Is there a concern
then from this White House that

663
00:26:32,490 --> 00:26:35,330
the National Guard is getting
called up and there's a presence

664
00:26:35,327 --> 00:26:40,167
there to quell potential
violence in that town if the

665
00:26:40,165 --> 00:26:42,935
verdict does come out that
he is found not guilty?

666
00:26:42,934 --> 00:26:44,804
Mr. Earnest: Well, the
President did have

667
00:26:44,803 --> 00:26:46,903
the opportunity to speak
on the telephone with

668
00:26:46,905 --> 00:26:50,045
Governor Jay Nixon from the state of Missouri --

669
00:26:50,041 --> 00:26:50,811
The Press: When was this?

670
00:26:50,809 --> 00:26:52,849
Mr. Earnest: I believe
it was November 7th.

671
00:26:52,844 --> 00:26:53,944
We put out a readout
of that call,

672
00:26:53,945 --> 00:26:57,315
so I can send that to
you after the briefing.

673
00:26:57,315 --> 00:27:00,455
The President spent some time
talking about work that

674
00:27:00,452 --> 00:27:04,222
the Governor has been focused
on in terms of ensuring

675
00:27:04,222 --> 00:27:08,362
that the community is --
or that steps are taken

676
00:27:08,360 --> 00:27:12,700
to protect the
community if necessary.

677
00:27:12,697 --> 00:27:14,697
And that does
include, in this case,

678
00:27:14,699 --> 00:27:17,139
the mobilization of some
National Guard units.

679
00:27:19,571 --> 00:27:22,341
The President has also been in
touch with civil rights leaders

680
00:27:22,340 --> 00:27:24,340
over the last few weeks
to talk to them about the

681
00:27:24,342 --> 00:27:26,342
important work that they're
doing in communities across

682
00:27:26,344 --> 00:27:32,814
the country to try to
prevent any other violence

683
00:27:32,817 --> 00:27:38,427
associated with this
particular circumstance.

684
00:27:38,423 --> 00:27:38,993
That said, I think the
President is pretty mindful

685
00:27:38,990 --> 00:27:44,060
of the advice from Mr.
Brown's parents, who urged

686
00:27:44,062 --> 00:27:47,232
people to pay tribute
to their son's memory

687
00:27:47,232 --> 00:27:49,232
by expressing their
views peacefully.

688
00:27:49,234 --> 00:27:51,234
The President is mindful
of that and hopes

689
00:27:51,236 --> 00:27:52,606
other people will be, too.

690
00:27:52,604 --> 00:27:55,644
The Press: The verdict has not
come out -- or we don't know

691
00:27:55,640 --> 00:27:57,410
if they're nearing a
decision or if they're

692
00:27:57,409 --> 00:27:59,309
going to go up to the
last day of the window.

693
00:27:59,310 --> 00:28:02,310
Do you think it might be
overkill right now to put the

694
00:28:02,313 --> 00:28:04,683
National Guard troops out
until a verdict comes out?

695
00:28:04,682 --> 00:28:07,322
Because right now they're there
and the people are just

696
00:28:07,318 --> 00:28:11,488
using their rights to speak
out about what they feel.

697
00:28:11,489 --> 00:28:12,629
Mr. Earnest: Again,
for any sort

698
00:28:12,624 --> 00:28:14,264
of tactical decisions
about where and when

699
00:28:14,259 --> 00:28:17,699
to deploy National
Guard personnel,

700
00:28:17,695 --> 00:28:20,265
I'd refer you to the
Governor's office.

701
00:28:20,265 --> 00:28:22,235
Obviously they're
making those decisions.

702
00:28:22,233 --> 00:28:23,233
The White House isn't.

703
00:28:23,234 --> 00:28:24,234
Wendell.

704
00:28:24,235 --> 00:28:26,235
The Press: Back on
Jonathan Gruber.

705
00:28:26,237 --> 00:28:28,237
In Brisbane, the President
really downplayed his

706
00:28:28,239 --> 00:28:31,709
significance, I think, and you
say that his views are not

707
00:28:31,709 --> 00:28:33,579
shared -- his views about
the voters are not shared

708
00:28:33,578 --> 00:28:34,378
at the White House.

709
00:28:34,379 --> 00:28:38,279
But Steve Ratner of MSNBC, the
President's former car czar,

710
00:28:38,283 --> 00:28:42,853
says Gruber was "the man" on
Obamacare when he was here.

711
00:28:42,854 --> 00:28:44,454
Mr. Earnest: I'm not
sure the car czar

712
00:28:44,456 --> 00:28:46,856
would have a lot of
insight into this.

713
00:28:46,858 --> 00:28:47,588
The Press: He was here.

714
00:28:47,592 --> 00:28:48,292
Mr. Earnest: Yes.

715
00:28:48,293 --> 00:28:48,823
So was I.

716
00:28:48,827 --> 00:28:50,057
(laughter)

717
00:28:50,061 --> 00:28:50,491
The Press: Okay.

718
00:28:50,495 --> 00:28:51,865
Mr. Earnest: So
was the President.

719
00:28:51,863 --> 00:28:54,203
And Mr. Gruber was an
advisor, as the President

720
00:28:54,199 --> 00:28:55,199
himself said.

721
00:28:55,200 --> 00:28:56,900
The Press: He
was the czar.

722
00:28:56,901 --> 00:28:58,401
Mr. Earnest: You
mean he outranks me?

723
00:28:58,403 --> 00:28:59,773
(laughter)

724
00:28:59,771 --> 00:29:00,571
That could be.

725
00:29:00,572 --> 00:29:01,702
That could be.

726
00:29:01,706 --> 00:29:03,276
The Press: Are you
downplaying his significance

727
00:29:03,274 --> 00:29:05,714
in crafting the
Affordable Care Act?

728
00:29:05,710 --> 00:29:09,750
Mr. Earnest: He obviously
is somebody who knows

729
00:29:09,747 --> 00:29:12,517
his profession as it
relates to being

730
00:29:12,517 --> 00:29:14,157
a health care
economist very well.

731
00:29:14,152 --> 00:29:15,922
He's somebody who has
offered advice to Democrats

732
00:29:15,920 --> 00:29:19,960
and Republicans as they've
implemented health care policy.

733
00:29:19,958 --> 00:29:22,458
Dr. Gruber was
obviously involved with

734
00:29:22,460 --> 00:29:25,600
then-Governor Romney's
efforts to implement

735
00:29:25,597 --> 00:29:28,197
health care reform in the
state of Massachusetts.

736
00:29:28,199 --> 00:29:32,099
That principally is why he
was involved with this effort

737
00:29:32,103 --> 00:29:35,073
because so many aspects of the
Affordable Care Act borrowed

738
00:29:35,073 --> 00:29:37,573
from the successes
of that law as well.

739
00:29:37,575 --> 00:29:41,745
So he certainly is somebody
who is well-versed

740
00:29:41,746 --> 00:29:45,986
in understanding how
economics will have

741
00:29:45,984 --> 00:29:48,024
an impact on health
care policy.

742
00:29:48,019 --> 00:29:50,589
But I think it's pretty
evident from these videos that

743
00:29:50,588 --> 00:29:53,358
he doesn't have nearly as
much insight as it relates

744
00:29:53,358 --> 00:29:56,958
to politics or communications
or legislative strategy.

745
00:29:56,961 --> 00:30:00,461
The Press: Republicans say
his comments show a lack

746
00:30:00,465 --> 00:30:03,705
of transparency in selling
the Affordable Care Act --

747
00:30:03,701 --> 00:30:07,341
for example, not
calling a tax a tax.

748
00:30:07,338 --> 00:30:12,878
And they say that they're
going to, based on that,

749
00:30:12,877 --> 00:30:17,587
challenge the President's
veracity in selling Obamacare.

750
00:30:17,582 --> 00:30:19,982
How much of a political
problem is Gruber now?

751
00:30:19,984 --> 00:30:22,324
Mr. Earnest: Well, I
think I would quibble

752
00:30:22,320 --> 00:30:25,090
with that critique for
a couple of reasons.

753
00:30:25,089 --> 00:30:27,089
When the Affordable Care
Act was something that

754
00:30:27,091 --> 00:30:29,191
was debated over the
course of 14 months,

755
00:30:29,194 --> 00:30:31,794
there were 79 bipartisan
hearings that were

756
00:30:31,796 --> 00:30:35,696
convened in the House of
Representatives.

757
00:30:35,700 --> 00:30:38,100
There were about a
hundred hours of hearings

758
00:30:38,102 --> 00:30:40,102
on health care reform in
the House including

759
00:30:40,104 --> 00:30:43,674
from 181 witnesses from
both sides of the aisle.

760
00:30:43,675 --> 00:30:46,515
Over in the Senate, there
were 53 additional hearings

761
00:30:46,511 --> 00:30:47,881
on this matter.

762
00:30:47,879 --> 00:30:48,709
The Press: I'll
stipulate that.

763
00:30:48,713 --> 00:30:49,013
Mr. Earnest: Right.

764
00:30:49,013 --> 00:30:51,353
So I guess -- but the
suggestion by some that

765
00:30:51,349 --> 00:30:53,919
this was something that had
not been carefully worked

766
00:30:53,918 --> 00:30:55,918
through or was not
transparent -- I assume

767
00:30:55,920 --> 00:30:57,660
that all these
hearings were open.

768
00:30:57,655 --> 00:30:59,825
So I guess it's why I just
wanted to raise this because

769
00:30:59,824 --> 00:31:02,894
I do think it significantly
undermines the charge that

770
00:31:02,894 --> 00:31:05,934
there wasn't a lot of
transparency as it relates

771
00:31:05,930 --> 00:31:08,200
to the debate around
the health care law.

772
00:31:08,199 --> 00:31:09,839
It was debated in --
I'm just going to do

773
00:31:09,834 --> 00:31:10,834
the math here off the
top of my head --

774
00:31:10,835 --> 00:31:13,705
132 different
congressional hearings.

775
00:31:13,705 --> 00:31:15,375
The Press: But when you've got
one of the principal authors

776
00:31:15,373 --> 00:31:17,673
saying, look, you can't call
a tax a tax because

777
00:31:17,675 --> 00:31:21,615
politically it won't go
through, that's a problem.

778
00:31:21,613 --> 00:31:24,783
Mr. Earnest: Well, again, it
wasn't his responsibility

779
00:31:24,782 --> 00:31:27,222
to figure out how to get
this bill through.

780
00:31:27,218 --> 00:31:30,888
We have people who were
responsible for making

781
00:31:30,888 --> 00:31:33,088
those kinds of legislative
decisions at the White House.

782
00:31:33,091 --> 00:31:38,831
His expertise was focused on
the economics of health care.

783
00:31:38,830 --> 00:31:40,670
This was expertise that he
lent to Governor Romney's

784
00:31:40,665 --> 00:31:42,235
administration in
Massachusetts as they

785
00:31:42,233 --> 00:31:44,673
worked on health
care reform there.

786
00:31:44,669 --> 00:31:47,309
And that was the role
that he played here.

787
00:31:47,305 --> 00:31:51,705
It also, I think, is why it's
pretty clear that the views that

788
00:31:51,709 --> 00:31:54,379
he's articulated don't reflect
what actually happened when

789
00:31:54,379 --> 00:31:57,879
it comes to the passing or
implementation of this law.

790
00:31:57,882 --> 00:31:58,882
Chris.

791
00:31:58,883 --> 00:32:00,453
The Press: Let me ask you a
few more questions about

792
00:32:00,451 --> 00:32:04,051
the review of the hostages
and the policy here.

793
00:32:04,055 --> 00:32:06,495
And I want to start with -- I
know that there's been a lot

794
00:32:06,491 --> 00:32:10,731
of talk about how much people
who actually do pay ransom,

795
00:32:10,728 --> 00:32:12,998
particularly European
countries, whether directly

796
00:32:12,997 --> 00:32:15,267
or more likely through a
third party or through

797
00:32:15,266 --> 00:32:18,536
a company actually
do pay ransoms.

798
00:32:18,536 --> 00:32:20,406
How concerning is that?

799
00:32:20,405 --> 00:32:22,505
And where is the effort
on putting pressure

800
00:32:22,507 --> 00:32:24,747
on governments not
to pay ransoms?

801
00:32:24,742 --> 00:32:26,742
Mr. Earnest: Well, we've
made the views of this

802
00:32:26,744 --> 00:32:28,744
country very clear.

803
00:32:30,348 --> 00:32:33,688
And again, the reasons for
that are that paying ransoms

804
00:32:33,685 --> 00:32:35,725
or making it clear to other
organizations that we're

805
00:32:35,720 --> 00:32:38,590
willing to pay ransoms only
puts American citizens

806
00:32:38,589 --> 00:32:40,229
at greater risk.

807
00:32:40,224 --> 00:32:42,194
And that's something that
obviously the President

808
00:32:42,193 --> 00:32:44,193
and his team are
very focused on,

809
00:32:44,195 --> 00:32:46,195
is trying to protect
American citizens.

810
00:32:46,197 --> 00:32:49,637
The other thing that we know,
based on our insight into the

811
00:32:49,634 --> 00:32:53,634
way that ISIL works is that they
rely on these sort of ransom

812
00:32:53,638 --> 00:32:57,178
payments as a very important
source of their financing.

813
00:32:57,175 --> 00:32:59,545
So shutting off that
source of financing

814
00:32:59,544 --> 00:33:02,284
is an important part
of our strategy

815
00:33:02,280 --> 00:33:04,280
for defeating them.

816
00:33:06,184 --> 00:33:10,084
So that's why -- and again,
this isn't a new policy.

817
00:33:10,088 --> 00:33:13,358
This is actually a policy
that predates this President.

818
00:33:13,358 --> 00:33:16,028
The Press: But is there any
progress on putting pressure --

819
00:33:16,027 --> 00:33:18,767
on having any success in
getting other countries,

820
00:33:18,763 --> 00:33:20,763
other organizations
to back off on that?

821
00:33:20,765 --> 00:33:23,135
Mr. Earnest: Well, we've
certainly impressed upon

822
00:33:23,134 --> 00:33:26,274
other countries and other
organizations the wisdom

823
00:33:26,270 --> 00:33:27,310
of this view.

824
00:33:27,305 --> 00:33:29,275
But ultimately, they're
going to make that

825
00:33:29,273 --> 00:33:30,273
decision for themselves.

826
00:33:30,274 --> 00:33:35,184
The Press: Also, at the time,
James Foley's parents were

827
00:33:35,179 --> 00:33:37,179
very critical of the
relationship -- we've talked

828
00:33:37,181 --> 00:33:39,351
about it here, you've talked
about it from the podium.

829
00:33:39,350 --> 00:33:43,090
Have there been any
changes since that time

830
00:33:43,087 --> 00:33:45,087
in the way this
administration deals

831
00:33:45,089 --> 00:33:46,589
with the families of
people who are being

832
00:33:46,591 --> 00:33:49,161
held hostage, and is that
also part of this review?

833
00:33:49,160 --> 00:33:51,900
Mr. Earnest: That's
part of the review.

834
00:33:51,896 --> 00:33:54,366
The Press: But no
changes at this point?

835
00:33:54,365 --> 00:33:56,135
Mr. Earnest: Not
that I'm aware of.

836
00:33:56,134 --> 00:33:58,774
But again, once this
review is completed,

837
00:33:58,770 --> 00:34:00,770
I'm sure we'll have more
that we can say about this.

838
00:34:00,772 --> 00:34:03,342
The Press: And just a quick
question on immigration,

839
00:34:03,341 --> 00:34:07,711
because today -- well,
actually, on a number

840
00:34:07,712 --> 00:34:09,412
of occasions, the
President has talked about

841
00:34:09,414 --> 00:34:11,784
that he's tired of
waiting, including at that

842
00:34:11,783 --> 00:34:16,753
post-press conference
he suggested that.

843
00:34:16,754 --> 00:34:21,394
You've also said here today
that this isn't going

844
00:34:21,392 --> 00:34:22,762
to make a difference in
terms of the budget,

845
00:34:22,760 --> 00:34:25,330
that the Republicans
will go ahead anyway,

846
00:34:25,329 --> 00:34:28,129
you think they're going to
do some sort of attachment.

847
00:34:28,132 --> 00:34:28,962
And Harry Reid --

848
00:34:28,966 --> 00:34:30,036
Mr. Earnest: I think
the point I was making

849
00:34:30,034 --> 00:34:31,804
is just I think you can
argue it both ways.

850
00:34:31,803 --> 00:34:32,133
The Press: Yes.

851
00:34:32,136 --> 00:34:33,706
Mr. Earnest: So which is
why a decision about that

852
00:34:33,704 --> 00:34:35,874
doesn't necessarily
determine the outcome.

853
00:34:35,873 --> 00:34:36,843
The Press: Well,
Harry Reid said today,

854
00:34:36,841 --> 00:34:40,411
"I think it should
be done now."

855
00:34:40,411 --> 00:34:43,311
Is there any real reason
for the President to wait

856
00:34:43,314 --> 00:34:44,854
beyond this week?

857
00:34:44,849 --> 00:34:47,449
Mr. Earnest: Well, I
think Justin floated sort

858
00:34:47,452 --> 00:34:49,452
of the reason that you
might consider doing that.

859
00:34:52,023 --> 00:34:55,393
I don't have any updates
in terms of the timing.

860
00:34:55,393 --> 00:34:57,393
The President has been
waiting a long time --

861
00:34:57,395 --> 00:34:59,365
more importantly, the
American people have been

862
00:34:59,363 --> 00:35:01,433
waiting a long time -- for
congressional Republicans

863
00:35:01,432 --> 00:35:03,872
to stop blocking a
common-sense proposal that

864
00:35:03,868 --> 00:35:06,268
would actually do a lot
to solve so many aspects

865
00:35:06,270 --> 00:35:08,270
of our broken immigration
system in a way that

866
00:35:08,272 --> 00:35:10,272
would be good for the
economy, would be good

867
00:35:10,274 --> 00:35:12,274
for the deficit, and
would strengthen our

868
00:35:12,276 --> 00:35:13,276
security at the border.

869
00:35:13,277 --> 00:35:15,277
So there are some steps that
the President can take

870
00:35:15,279 --> 00:35:17,849
using his own authority
that he's going to pursue

871
00:35:17,849 --> 00:35:21,689
to try to mitigate some
of those concerns.

872
00:35:21,686 --> 00:35:24,786
But the fact is the President
is not going to be able

873
00:35:24,789 --> 00:35:27,789
to do as much as this
legislation would do.

874
00:35:27,792 --> 00:35:31,062
And that's why, even after the
President does take action

875
00:35:31,062 --> 00:35:33,232
before the end of this year,
he's going to continue

876
00:35:33,231 --> 00:35:36,031
to press Congress to take
the kinds of steps that

877
00:35:36,033 --> 00:35:38,573
he believes are necessary.

878
00:35:38,569 --> 00:35:40,809
The President pointed this out
in the news conference that

879
00:35:40,805 --> 00:35:44,145
he did in Brisbane last week
-- or over the weekend,

880
00:35:44,141 --> 00:35:47,111
I guess -- that it's not just
the President who believes

881
00:35:47,111 --> 00:35:49,911
that the common-sense,
bipartisan proposal

882
00:35:49,914 --> 00:35:52,114
in the Senate would be
good for the country.

883
00:35:52,116 --> 00:35:54,056
The business community,
the labor community,

884
00:35:54,051 --> 00:35:56,651
the evangelical community,
even law enforcement believes

885
00:35:56,654 --> 00:35:58,894
that that legislation would
be in the best interests

886
00:35:58,890 --> 00:35:59,890
of the country.

887
00:35:59,891 --> 00:36:02,431
I think it makes it very
difficult for Republicans

888
00:36:02,426 --> 00:36:05,426
to explain why they continue
to block this proposal,

889
00:36:05,429 --> 00:36:07,129
because the other thing
we know about this bill

890
00:36:07,131 --> 00:36:09,931
is that if House Republicans
were just to allow it

891
00:36:09,934 --> 00:36:12,034
to come up for a vote that
it would surely pass the

892
00:36:12,036 --> 00:36:14,836
House of Representatives
also in bipartisan fashion.

893
00:36:14,839 --> 00:36:20,009
So, again, we'll have plenty
of opportunity to evaluate

894
00:36:20,011 --> 00:36:22,011
whatever steps the
President takes, and we can

895
00:36:22,013 --> 00:36:24,553
sort of at that point have
a discussion about

896
00:36:24,549 --> 00:36:27,519
the wisdom of the actual
timing that he chooses.

897
00:36:27,518 --> 00:36:30,288
But at this point, I think the
case is pretty clear for

898
00:36:30,288 --> 00:36:34,088
why the President should
act, and eventually,

899
00:36:34,091 --> 00:36:36,291
sometime relatively soon,
I think we'll have

900
00:36:36,294 --> 00:36:39,434
the opportunity to have a
discussion about what

901
00:36:39,430 --> 00:36:42,800
steps the President
has actually taken.

902
00:36:42,800 --> 00:36:44,000
Lesley.

903
00:36:44,001 --> 00:36:44,431
The Press: Thanks.

904
00:36:44,435 --> 00:36:47,305
To go back to Keystone, the
Times had a -- mentioned

905
00:36:47,305 --> 00:36:50,475
in a story today that
the President's thinking

906
00:36:50,474 --> 00:36:55,014
was to veto now and
go for some sort

907
00:36:55,012 --> 00:36:56,612
of a trade maybe,or
something after

908
00:36:56,614 --> 00:36:58,554
the State Department
review comes out.

909
00:36:58,549 --> 00:37:01,149
Can you speak a little bit to
his -- is that his thinking,

910
00:37:01,152 --> 00:37:06,592
to wait on Keystone and use
it for some sort of --

911
00:37:07,692 --> 00:37:09,792
Mr. Earnest: Well, that presupposes that it's going

912
00:37:09,794 --> 00:37:11,164
to pass in the Senate.

913
00:37:11,162 --> 00:37:14,032
So I think we'll probably
wait and see what happens

914
00:37:14,031 --> 00:37:16,001
in the Senate and see
whether or not this comes

915
00:37:16,000 --> 00:37:18,700
to the President's desk
before we sort of make

916
00:37:18,703 --> 00:37:20,373
decisions about
the next steps.

917
00:37:20,371 --> 00:37:21,471
The Press: But Congress
is already thinking about

918
00:37:21,472 --> 00:37:23,372
the next steps.

919
00:37:23,374 --> 00:37:24,304
Mr. Earnest: Yes, I
think that's probably

920
00:37:24,308 --> 00:37:25,548
fair to say.

921
00:37:25,543 --> 00:37:26,643
The Press: Could you
elaborate a little

922
00:37:26,644 --> 00:37:27,314
bit on whether --

923
00:37:27,311 --> 00:37:28,181
Mr. Earnest: 
Not at this point.

924
00:37:28,179 --> 00:37:30,119
Maybe sometime soon
as we advance further

925
00:37:30,114 --> 00:37:31,814
in the process.

926
00:37:31,816 --> 00:37:33,956
Mr. Plante.

927
00:37:35,152 --> 00:37:38,622
The Press: What would be
the advantage to waiting?

928
00:37:38,623 --> 00:37:40,563
If the President is so
determined to do this,

929
00:37:40,558 --> 00:37:42,358
why doesn't he just
do it this week?

930
00:37:42,360 --> 00:37:43,830
Mr. Earnest: Well,
maybe he will.

931
00:37:43,828 --> 00:37:44,558
Who knows?

932
00:37:44,562 --> 00:37:46,062
(laughter)

933
00:37:46,063 --> 00:37:46,963
The Press: But you
didn't really answer

934
00:37:46,964 --> 00:37:47,934
Chris's question.

935
00:37:47,932 --> 00:37:49,402
Why would he wait?

936
00:37:49,400 --> 00:37:51,000
Mr. Earnest: Well,
maybe he won't.

937
00:37:51,002 --> 00:37:52,072
The Press: Who knows?

938
00:37:52,069 --> 00:37:53,069
Mr. Earnest: Who knows?

939
00:37:53,070 --> 00:37:53,540
The Press: What could
the strategy --

940
00:37:53,537 --> 00:37:54,337
The Press: Could be.

941
00:37:54,338 --> 00:37:56,578
Mr. Earnest: I don't
know -- I'll let you

942
00:37:56,574 --> 00:37:58,814
guys sort of weigh the
pros and cons here.

943
00:37:58,809 --> 00:37:59,809
When the President
has made a decision,

944
00:37:59,810 --> 00:38:01,610
we will definitely let you
-- we'll make sure you're

945
00:38:01,612 --> 00:38:03,652
among the first to know.

946
00:38:05,216 --> 00:38:05,946
The Press: Right.

947
00:38:05,950 --> 00:38:07,080
(laughter)

948
00:38:07,084 --> 00:38:07,984
Mr. Earnest: An we'll
have a chance to sort

949
00:38:07,985 --> 00:38:10,555
of walk through at that point
what the President has

950
00:38:10,554 --> 00:38:13,894
decided, and why he decided
to take the action he took,

951
00:38:13,891 --> 00:38:15,031
and at what timing.

952
00:38:15,026 --> 00:38:17,196
The Press: And perhaps you'll
also explain how he could

953
00:38:17,194 --> 00:38:19,794
walk back his comments that
he made, which Jonathan

954
00:38:19,797 --> 00:38:24,937
referred to, in September
of 2013, about the limits

955
00:38:24,935 --> 00:38:26,105
of his legal powers.

956
00:38:26,103 --> 00:38:27,703
Mr. Earnest: Well, I think
what we'll be confidently

957
00:38:27,705 --> 00:38:29,745
able to do is to explain to
you what legal authority

958
00:38:29,740 --> 00:38:31,880
the President is using
to take these actions.

959
00:38:31,876 --> 00:38:33,146
That's exactly right.

960
00:38:33,144 --> 00:38:34,474
All right, J.C.

961
00:38:34,478 --> 00:38:36,978
The Press: Josh, in light of
the deteriorating situation

962
00:38:36,981 --> 00:38:40,621
in Syria, especially the
latest attacks by ISIL,

963
00:38:40,618 --> 00:38:45,318
has the President discussed
this since Brisbane

964
00:38:45,322 --> 00:38:48,922
with U.S. allies?

965
00:38:48,926 --> 00:38:52,096
And are they willing to
put together some sort

966
00:38:52,096 --> 00:38:55,396
of concerted effort to
deal with President Assad,

967
00:38:55,399 --> 00:38:58,769
who is actually giving
them safe haven?

968
00:38:58,769 --> 00:39:02,809
Mr. Earnest: Well, I don't have
any additional phone calls

969
00:39:02,807 --> 00:39:04,777
to world leaders to read
out at this point.

970
00:39:04,775 --> 00:39:06,275
I don't know of any calls
the President has made.

971
00:39:06,277 --> 00:39:07,677
The Press: Was it
discussed at G20?

972
00:39:07,678 --> 00:39:09,318
Mr. Earnest: Well, it was.

973
00:39:09,313 --> 00:39:11,913
There was an effort to talk
about the threat that

974
00:39:11,916 --> 00:39:15,486
ISIL poses to the broader
international order here.

975
00:39:15,486 --> 00:39:19,456
And the President does remain
very concerned about these

976
00:39:19,457 --> 00:39:24,097
reckless acts of violence
that we see there.

977
00:39:24,095 --> 00:39:26,095
And obviously, our thoughts and
prayers are with the Kassig

978
00:39:26,097 --> 00:39:28,097
family today, who is mourning
the loss of their son.

979
00:39:31,135 --> 00:39:33,305
And the President has worked
very hard to build a broader

980
00:39:33,304 --> 00:39:37,044
international coalition
to take the fight to ISIL.

981
00:39:37,041 --> 00:39:39,041
We're very pleased with the
kind of international

982
00:39:39,043 --> 00:39:42,243
cooperation that we've
gotten in this endeavor,

983
00:39:42,246 --> 00:39:46,346
and it's precisely because of
the threat that ISIL poses

984
00:39:46,350 --> 00:39:48,350
to the broader international
community if they

985
00:39:48,352 --> 00:39:50,652
can establish a safe
haven inside of Syria.

986
00:39:50,654 --> 00:39:52,924
And you're right, it's the
failed leadership of the Assad

987
00:39:52,923 --> 00:39:56,893
regime that has created a
power vacuum that has allowed

988
00:39:56,894 --> 00:40:00,164
extremist organizations like
ISIL to try to gain a foothold

989
00:40:00,164 --> 00:40:02,764
and try to establish a
safe haven in that area

990
00:40:02,767 --> 00:40:03,767
of the world.

991
00:40:03,768 --> 00:40:05,768
And that's why you've seen
such a strong reaction

992
00:40:05,770 --> 00:40:07,770
from the United States
and members of our

993
00:40:07,772 --> 00:40:11,272
international coalition to
go after ISIL and to prevent

994
00:40:11,275 --> 00:40:13,245
that safe haven from
being established.

995
00:40:13,244 --> 00:40:16,284
The Press: Has this raised
Assad's profile at all with

996
00:40:16,280 --> 00:40:19,050
this administration in terms
of what needs to be done?

997
00:40:19,049 --> 00:40:20,149
Mr. Earnest: Well, we've
been saying for some time,

998
00:40:20,151 --> 00:40:23,991
J.C., that Assad has
lost the legitimacy

999
00:40:23,988 --> 00:40:25,558
to lead that country.

1000
00:40:25,556 --> 00:40:28,226
And that's not based on a
particularly unique

1001
00:40:28,225 --> 00:40:30,365
conclusion that the
United States has drawn.

1002
00:40:30,361 --> 00:40:32,901
That's based on what I think
is pretty clear evidence

1003
00:40:32,897 --> 00:40:36,097
that the people of Syria don't
support him being in power.

1004
00:40:36,100 --> 00:40:37,100
And that's not a coincidence.

1005
00:40:37,101 --> 00:40:39,301
This is somebody who has
perpetrated terrible acts

1006
00:40:39,303 --> 00:40:42,043
of violence using his
nation's military against

1007
00:40:42,039 --> 00:40:43,639
the nation's citizens.

1008
00:40:43,641 --> 00:40:46,581
There's no place for
world leaders like that,

1009
00:40:46,577 --> 00:40:48,617
and that's why this
administration and this

1010
00:40:48,612 --> 00:40:52,252
President believes that he's
lost the legitimacy to lead.

1011
00:40:52,249 --> 00:40:53,249
Peter.

1012
00:40:53,250 --> 00:40:54,390
The Press: Josh, can we
circle back a little bit

1013
00:40:54,385 --> 00:40:55,485
to Jon's question?

1014
00:40:55,486 --> 00:40:56,186
Mr. Earnest: Sure.

1015
00:40:56,187 --> 00:40:57,987
The Press: You said the
circumstances have changed.

1016
00:40:57,988 --> 00:40:59,788
The President hadn't
waited as long then

1017
00:40:59,790 --> 00:41:01,590
as he's waited now for
Republicans to act

1018
00:41:01,592 --> 00:41:02,762
in the House
and so forth.

1019
00:41:02,760 --> 00:41:04,300
And I can see why that
might affect his

1020
00:41:04,295 --> 00:41:06,995
policy choices or his
strategic calculation.

1021
00:41:06,997 --> 00:41:10,197
I don't see how that changes
that law he is referring

1022
00:41:10,201 --> 00:41:12,471
to in September of 2013.

1023
00:41:12,469 --> 00:41:14,309
So the question is Does he
have a different view

1024
00:41:14,305 --> 00:41:16,545
today of what the
legal authority was?

1025
00:41:16,540 --> 00:41:17,980
Has he been educated?

1026
00:41:17,975 --> 00:41:21,345
Has he amended his view
of what the law is,

1027
00:41:21,345 --> 00:41:23,445
not what the calculation
is in Congress?

1028
00:41:23,447 --> 00:41:24,947
Mr. Earnest: Well, let me go
back to the first part

1029
00:41:24,949 --> 00:41:25,779
of your question first.

1030
00:41:25,783 --> 00:41:27,983
Then I'll get to the
second, which is --

1031
00:41:27,985 --> 00:41:30,325
and I probably could have
been clearer when I was

1032
00:41:30,321 --> 00:41:32,291
answering Jon's question
on this, which is,

1033
00:41:32,289 --> 00:41:34,729
it's not just that
the President

1034
00:41:34,725 --> 00:41:36,725
and the country have
been waiting a long time

1035
00:41:36,727 --> 00:41:39,727
for House Republicans
to act -- we have.

1036
00:41:39,730 --> 00:41:45,140
But it's also now Republicans
have indicated that they're

1037
00:41:45,135 --> 00:41:47,105
not going to be able to pass
-- or not willing to bring

1038
00:41:47,104 --> 00:41:49,704
that bill up for a vote in
the House of Representatives,

1039
00:41:49,707 --> 00:41:52,277
and not willing to
commit to bringing

1040
00:41:52,276 --> 00:41:54,616
it up in the next
session of Congress.

1041
00:41:54,612 --> 00:41:57,712
So it's no longer a situation
where at that point,

1042
00:41:57,715 --> 00:41:59,715
House Republicans
were saying, well,

1043
00:41:59,717 --> 00:42:01,717
this is something that
we may get around to.

1044
00:42:01,719 --> 00:42:03,719
Now House Republicans are
being pretty clear about

1045
00:42:03,721 --> 00:42:05,721
the fact that they're not ever
going to get around to it.

1046
00:42:05,723 --> 00:42:07,993
And that's what has caused the
President -- or prompted

1047
00:42:07,992 --> 00:42:10,992
the President to consider
some alternatives.

1048
00:42:10,995 --> 00:42:13,165
And this goes to the second
part of your question.

1049
00:42:13,163 --> 00:42:16,803
And what the President has
done since the interview

1050
00:42:16,800 --> 00:42:19,740
is to ask for a detailed,
in-depth, professional

1051
00:42:19,737 --> 00:42:22,907
review of what kind of
authority can be wielded

1052
00:42:22,907 --> 00:42:25,477
by the President of the United
States -- any President

1053
00:42:25,476 --> 00:42:27,546
-- to address some of
these problems that

1054
00:42:27,544 --> 00:42:29,944
Congress is
unwilling to confront.

1055
00:42:29,947 --> 00:42:32,117
And there's a pretty
well-established pattern

1056
00:42:32,116 --> 00:42:37,626
of Presidents in both
parties taking steps

1057
00:42:37,621 --> 00:42:40,391
to reform the broken
immigration system.

1058
00:42:40,391 --> 00:42:41,691
I had a list here before.

1059
00:42:41,692 --> 00:42:45,662
Even somebody like
President George H.W.

1060
00:42:45,663 --> 00:42:52,203
Bush took steps to expand
the Family Fairness Program

1061
00:42:52,202 --> 00:42:54,642
to cover more than 1.5
million unauthorized

1062
00:42:54,638 --> 00:42:56,138
spouses and children.

1063
00:42:56,140 --> 00:42:59,410
This represented 40 percent of
the undocumented population

1064
00:42:59,410 --> 00:43:01,880
of roughly 3.5 million
undocumented immigrants

1065
00:43:01,879 --> 00:43:03,519
in the country at that time.

1066
00:43:03,514 --> 00:43:06,514
So that's just one example --
President Reagan took a couple

1067
00:43:06,517 --> 00:43:09,387
of steps -- that were also
significant in terms of using

1068
00:43:09,386 --> 00:43:13,896
their executive authority
to take actions related

1069
00:43:13,891 --> 00:43:15,891
to our immigration
system that would have

1070
00:43:15,893 --> 00:43:17,763
a substantial impact on a
large number of people.

1071
00:43:17,761 --> 00:43:18,661
The Press: The
question then is, did

1072
00:43:18,662 --> 00:43:20,302
the President -- President
Obama -- not know about

1073
00:43:20,297 --> 00:43:22,067
those examples a year ago
when he said he didn't

1074
00:43:22,066 --> 00:43:23,066
have that authority?

1075
00:43:23,067 --> 00:43:24,767
Has he been educated in
a way that has changed

1076
00:43:24,768 --> 00:43:27,238
the understanding of
what that law is?

1077
00:43:27,237 --> 00:43:28,207
Mr. Earnest: I don't
know whether or not

1078
00:43:28,205 --> 00:43:30,105
he was aware of these
specific examples.

1079
00:43:30,107 --> 00:43:34,277
What I can tell you is that
the President has directed

1080
00:43:34,278 --> 00:43:38,988
his team to conduct the
review of the law,

1081
00:43:38,983 --> 00:43:42,553
and what they have attempted to
do is to try to determine

1082
00:43:42,553 --> 00:43:45,593
what exactly can the President
do within the confines

1083
00:43:45,589 --> 00:43:47,589
of the law to try to address
some of these problems.

1084
00:43:47,591 --> 00:43:53,101
The Press: Would you agree that
his comments from a year ago

1085
00:43:53,097 --> 00:43:57,337
lend themselves to the critics
who say he is expanding

1086
00:43:57,334 --> 00:44:00,074
what his definition of the
law really is, given that

1087
00:44:00,070 --> 00:44:04,510
a year ago he seemed to
suggest the opposite?

1088
00:44:04,508 --> 00:44:07,108
Mr. Earnest: Well, what the
President and his team are

1089
00:44:07,111 --> 00:44:10,381
focused on is trying to figure
out what exactly the law says

1090
00:44:10,381 --> 00:44:13,181
and what that means for the
President's ability to wield

1091
00:44:13,183 --> 00:44:15,353
some authority here to
try to solve problems,

1092
00:44:15,352 --> 00:44:17,392
that ultimately is
what this goes back to,

1093
00:44:17,388 --> 00:44:20,228
is what capacity does the
President have within the

1094
00:44:20,224 --> 00:44:22,364
confines of the law to address
some of these problems

1095
00:44:22,359 --> 00:44:24,959
that Republicans in Congress
just won't address.

1096
00:44:24,962 --> 00:44:25,962
The Press: He seemed pretty
certain about what the law

1097
00:44:25,963 --> 00:44:27,603
was when he was talking with
immigration activists

1098
00:44:27,598 --> 00:44:28,828
in the interview.

1099
00:44:28,832 --> 00:44:31,432
Mr. Earnest: Well, in a lot
of these interviews that

1100
00:44:31,435 --> 00:44:33,435
the President has done, the
President was repeatedly

1101
00:44:33,437 --> 00:44:36,607
challenged to end
all deportations.

1102
00:44:36,607 --> 00:44:39,747
And that is what
most often prompted

1103
00:44:39,743 --> 00:44:42,643
the President to say
that "I'm not a king.

1104
00:44:42,646 --> 00:44:44,086
I'm not an emperor.

1105
00:44:44,081 --> 00:44:47,721
I do have to
enforce these laws."

1106
00:44:47,718 --> 00:44:50,588
The question is to what
extent, using his authority,

1107
00:44:50,587 --> 00:44:52,127
can he have an
impact on those laws?

1108
00:44:52,122 --> 00:44:53,922
And the fact is it's not
within his authority

1109
00:44:53,924 --> 00:44:55,694
to end all deportations.

1110
00:44:55,692 --> 00:44:56,592
The Press: Well, those
weren't the only times

1111
00:44:56,593 --> 00:44:57,693
he was saying
that, though.

1112
00:44:57,694 --> 00:44:58,794
He was also asked
very specifically,

1113
00:44:58,796 --> 00:44:59,866
can you expand --

1114
00:44:59,863 --> 00:45:00,533
Mr. Earnest: I know.

1115
00:45:00,531 --> 00:45:01,031
I know.

1116
00:45:01,031 --> 00:45:01,531
I know.

1117
00:45:01,532 --> 00:45:02,532
The Press: -- which is now
what he's talking about doing.

1118
00:45:02,533 --> 00:45:03,003
Mr. Earnest: Right.

1119
00:45:03,000 --> 00:45:05,140
But you made a reference to a
large number of cases in which

1120
00:45:05,135 --> 00:45:07,005
the President has said I'm not
an emperor, I'm not a king,

1121
00:45:07,004 --> 00:45:07,904
and I can't change the law.

1122
00:45:07,905 --> 00:45:09,505
In the vast majority
of situations,

1123
00:45:09,506 --> 00:45:11,746
the President was talking --
was responding to those who

1124
00:45:11,742 --> 00:45:14,612
suggested that he could
stop all deportations.

1125
00:45:14,611 --> 00:45:19,951
And that's the context in
which the President most

1126
00:45:19,950 --> 00:45:21,490
often delivered this answer.

1127
00:45:21,485 --> 00:45:22,155
The Press: Not always.

1128
00:45:22,152 --> 00:45:23,322
Mr. Earnest: No, not always.

1129
00:45:23,320 --> 00:45:24,490
The Press: So I asked
about the ones he --

1130
00:45:24,488 --> 00:45:26,258
Mr. Earnest: And that's
what Jon pointed out,

1131
00:45:26,256 --> 00:45:28,056
is that there were
other situations

1132
00:45:28,058 --> 00:45:29,198
in which he was
asked specifically

1133
00:45:29,193 --> 00:45:31,633
about the deferred
action program.

1134
00:45:31,628 --> 00:45:33,228
In this case, the
President has ordered

1135
00:45:33,230 --> 00:45:38,100
a review to determine what
exactly is contained

1136
00:45:38,102 --> 00:45:39,472
within the law that
would allow him

1137
00:45:39,470 --> 00:45:43,440
to take some steps that
would address some

1138
00:45:43,440 --> 00:45:44,810
of the problems
that exist.

1139
00:45:44,808 --> 00:45:45,438
The Press:
Last question.

1140
00:45:45,442 --> 00:45:47,042
Is it fair to say that he
ordered this review because

1141
00:45:47,044 --> 00:45:48,984
he was no longer certain
that his statements

1142
00:45:48,979 --> 00:45:50,479
in the past were correct?

1143
00:45:50,481 --> 00:45:52,651
Mr. Earnest: I think he
ordered this review because

1144
00:45:52,649 --> 00:45:54,649
he wanted to basically
find out what authority

1145
00:45:54,651 --> 00:45:59,921
he did have and to
ensure that we were sort

1146
00:45:59,923 --> 00:46:02,793
of leaving no stone
unturned in examining

1147
00:46:02,793 --> 00:46:03,793
what sort of authority

1148
00:46:03,794 --> 00:46:05,294
the President of the United
States could wield

1149
00:46:05,295 --> 00:46:07,795
to try to address some
of these problems

1150
00:46:07,798 --> 00:46:11,538
that Congress has been
unwilling to confront.

1151
00:46:11,535 --> 00:46:12,605
The Press: Josh, can
I just follow up?

1152
00:46:12,603 --> 00:46:13,403
Mr. Earnest:
Okay, go ahead.

1153
00:46:13,403 --> 00:46:16,443
The Press: In the past,
the President seemed to be

1154
00:46:16,440 --> 00:46:18,040
explaining, as you say, to
those people who were calling

1155
00:46:18,041 --> 00:46:19,981
for him to take these actions
that he's not a king,

1156
00:46:19,977 --> 00:46:21,147
that he's not an emperor.

1157
00:46:21,145 --> 00:46:23,545
Is the President at all
concerned about the message

1158
00:46:23,547 --> 00:46:25,617
that it does send,
particularly to young people

1159
00:46:25,616 --> 00:46:27,686
who are calling for him to
take these steps, that,

1160
00:46:27,684 --> 00:46:31,754
in fact, he does have
some powers that

1161
00:46:31,755 --> 00:46:33,355
the general
understanding is that

1162
00:46:33,357 --> 00:46:34,357
he doesn't have?

1163
00:46:34,358 --> 00:46:36,858
Is there concern about
the message it sends

1164
00:46:36,860 --> 00:46:37,860
even overseas?

1165
00:46:37,861 --> 00:46:39,901
Mr. Earnest: No, because
I remain confident,

1166
00:46:39,897 --> 00:46:42,797
and the President
remains confident,

1167
00:46:42,799 --> 00:46:44,839
that whatever he announces
will be entirely consistent

1168
00:46:44,835 --> 00:46:45,865
with what the law is.

1169
00:46:45,869 --> 00:46:48,069
The Press: What about the
response from the Hill,

1170
00:46:48,071 --> 00:46:50,711
though -- I mean, the
Republicans here in Congress

1171
00:46:50,707 --> 00:46:52,147
who are suggesting
that the President

1172
00:46:52,142 --> 00:46:53,482
is acting unlawfully?

1173
00:46:53,477 --> 00:46:55,777
Mr. Earnest: Well, again,
once the President has made

1174
00:46:55,779 --> 00:46:58,219
a decision and it's a decision
that's been announced,

1175
00:46:58,215 --> 00:47:01,115
we'll all -- Republicans
and Democrats and even some

1176
00:47:01,118 --> 00:47:03,658
reporters -- all have the
opportunity to evaluate whether

1177
00:47:03,654 --> 00:47:05,894
or not those actions are
consistent with the law.

1178
00:47:05,889 --> 00:47:07,929
I'm confident we'll have a
very strong case to make

1179
00:47:07,925 --> 00:47:10,825
about how those actions are
consistent with the law,

1180
00:47:10,827 --> 00:47:12,797
as currently described.

1181
00:47:12,796 --> 00:47:15,636
But I don't know if
Republicans will find

1182
00:47:15,632 --> 00:47:17,172
that entirely convincing.

1183
00:47:17,167 --> 00:47:21,307
Given their pretty staunch
opposition to immigration reform

1184
00:47:21,305 --> 00:47:23,905
in general, I'm confident
they'll look for any excuse

1185
00:47:23,907 --> 00:47:27,177
they can come up with to
try to explain why they're

1186
00:47:27,177 --> 00:47:28,917
against these actions.

1187
00:47:28,912 --> 00:47:30,912
I think we'll have a strong
case to make that what

1188
00:47:30,914 --> 00:47:35,114
the President has done will
be good for the economy,

1189
00:47:35,118 --> 00:47:37,118
will be good for the
country, will be good

1190
00:47:37,120 --> 00:47:38,120
for border security.

1191
00:47:38,121 --> 00:47:42,261
But what we also know is that
it won't be as substantial

1192
00:47:42,259 --> 00:47:47,269
as what Congress could do if
House Republicans stopped

1193
00:47:47,264 --> 00:47:49,004
blocking a common-sense
piece of legislation

1194
00:47:48,999 --> 00:47:50,439
that passed through the
Senate and allowed

1195
00:47:50,434 --> 00:47:52,234
it to come up for a
vote in the House.

1196
00:47:52,236 --> 00:47:53,166
The Press:
Thanks, Josh.

1197
00:47:53,170 --> 00:47:54,570
The Press:
Follow on that?

1198
00:47:54,571 --> 00:47:56,141
Mr. Earnest: Go
ahead, Kathleen.

1199
00:47:56,139 --> 00:47:57,279
The Press: As part
of explaining

1200
00:47:57,274 --> 00:47:58,044
the legal
justification, will

1201
00:47:58,041 --> 00:48:01,141
the White House release
the AG's legal opinion

1202
00:48:01,144 --> 00:48:02,944
on this later then?

1203
00:48:02,946 --> 00:48:05,116
Mr. Earnest: We will have some
material that we can release

1204
00:48:05,115 --> 00:48:09,415
to you related to the
legal foundation of some

1205
00:48:09,419 --> 00:48:11,959
of these decisions, but
we'll get to that when

1206
00:48:11,955 --> 00:48:14,225
we have some
announcements to make.

1207
00:48:14,224 --> 00:48:16,964
Jared, I'll give
you the last one.

1208
00:48:16,960 --> 00:48:18,960
The Press: Josh, a week and
a half ago, before the trip,

1209
00:48:18,962 --> 00:48:21,902
you came out and, in an
answer to Darlene's question,

1210
00:48:21,898 --> 00:48:24,238
you said that you
didn't have an answer,

1211
00:48:24,234 --> 00:48:26,534
the President didn't have a
decision on Loretta Lynch.

1212
00:48:26,536 --> 00:48:29,606
Like six hours later, a
statement -- a paper statement

1213
00:48:29,606 --> 00:48:31,606
under your name came out.

1214
00:48:31,608 --> 00:48:33,648
Did you know when
you were answering

1215
00:48:33,644 --> 00:48:35,644
the Associated Press's
question that you were

1216
00:48:35,646 --> 00:48:37,616
going to be issuing that
statement later in the day?

1217
00:48:37,614 --> 00:48:39,914
Mr. Earnest: I did not because
a decision hadn't been made.

1218
00:48:39,916 --> 00:48:43,386
But given the extensive
reports that had sort

1219
00:48:43,387 --> 00:48:45,757
of pushed this issue,
a decision was

1220
00:48:45,756 --> 00:48:46,826
sort of forced.

1221
00:48:46,823 --> 00:48:49,363
And in reaction to that,
a decision was made.

1222
00:48:49,359 --> 00:48:51,659
The Press: So it was
reporting and not any other

1223
00:48:51,662 --> 00:48:53,662
consideration about
legislation or anything else

1224
00:48:53,664 --> 00:48:57,504
that forced the hand of the
White House at that point?

1225
00:48:57,501 --> 00:48:58,831
Mr. Earnest: That's correct.

1226
00:48:58,835 --> 00:48:59,705
All right, thanks, guys.

1227
00:48:59,703 --> 00:49:00,433
Have a good afternoon.