“If the president gets advice from the attorney general, that something is lawful, is that an absolute defense?” Alito asked Dreeben.
“Yes, I think that it is,” Dreeben said.
“But won’t that give presidents incentive to be sure to pick an Attorney General who will reliably tell the president that it is lawful to do whatever the president wants to do if there’s any possible argument in favor of it?” Alito asked Dreeben.
“I think the Constitutional structure protects against that risk. The president nominates the attorney general and the Senate provides advice and consent,” Dreeben said.
OOPS
