. >> on the issue of the substitution, this is obviously not determinetive, but then senator obama voted in favor of the substitution. would that influence you at all? >> well, i will talk -- if this was something the president wanted to revisit, i would certainly listen to where he is now. >> do you think there's a difference in institutional approach from being a senator to being a president? >> possibly. he may have the same position, he may not. i don't know. he's my boss. i would listen to him. >> mr. attorney general, your predecessor invoked the immunity defense. did you make an independent determination after becoming attorney general as to whether the immunity defense should be invoked? >> i'm not sure -- >> there was a period of time before the court decided the case after you became attorney general and there was speculation, at least in the media, that the new administration might not seek to invoke the immunity defense in that case. my question to you is, did you consider not using the immunity defense? >> as i said, i think we dealt with the question based on the law as it