lewin. mr. lewin: mr. -- mr. chief justice, and may it please the court: in its recent decisions in medellin v. texas and in hamdan v. rumsfeld, this court approved and applied the familiar tripartite scheme that justice jackson articulated in the steel seizure case. when the president takes measures incompatible with the express or implied will of congress his power is at its lowest ebb. in that instance, said justice jackson, his claim to a power at once so conclusive and preclusive must be scrutinized with caution to preserve the equilibrium established by our constitutional system. justice kagan: well, mr. lewin, what power is congress exercising here? mr. lewin: justice kagan, congress has exercised its power over passport, the issuance of passports under the immigration, naturalization and foreign commerce powers that congress has. it has enacted passport legislation back in , in . it can control what the contents of a passport ought to be, what its duration may be -- alito: what -- mr. lewin: -- how the ap

at trial lewin presented a theory of what happened.ening, that christie, as usual, let him in, that they shared a couple of smokes and a beer. but then, said lewin, something happened. an argument. an accusation. >> christie confronted him with the fact that she knew that he was married or believed that he had lied. >> which is when, said lewin, gutierrez lost his temper. >> i think that art hit her. he was faced with a choice of what he was going to do. and i think he made the conscious decision at that point that you know what? i'm going to kill her. >> death by suffocation is not quick, nor is it merciful. the grisly work takes five to seven minutes, the time it takes for a cigarette to burn down. and in each second of those minutes that tick by, as christie fought for her life, gutierrez had the option of simply letting go. >> and for some period of time where he made the obvious choice to continue, he could have stopped, and he didn't. and ultimately she paid the price. >> i don't believe he went over there to kill her. i never di

lewin. >> mr. chief justice, and may it please the court. in its recent decisions in medellin v. texas and in hamdan. v. rumsfeld, this court approved and applied the familiar tripartite scheme that justice jackson articulated in the steel seizure case. when the president takes measures incompatible with the express or implied will of congress, his power is at its lowest ebb. in that instance, said justice jackson, his claim to a power at once so conclusive and preclusive must be scrutinized with caution to preserve the equilibrium established by our constitutional system. >. well, mr. lwein, what power is congress exercising here? >> justice kagan, congress has exercised its power over passport, the issuance of passports under the immigration, naturalization, and foreign commerce powers that congress has. it has enacted passport legislation back in 1856, in 1926. it can control what the contents of a passport ought to be, when it's duration may be, how the application is to be made. and we

supervisor mirkarimi is here with us but before he calms -- comes up -- comes up i want to mention ralph lewinmanities council here with us also. we have a number of other elected and appointed officialed and at i said to them earlier, i was ansigned the task of introducing -- i was ansigned the tasking introducing them and don't have the list but i was specifically threatened bim dr. torea moses if i didn't many introduce him. ing [laughter] or without further ado, supervisor ross mirkarimi. >> i'll make my statements we -- very quick. i just came out of charing the public safety committee meeting. there's a lot be to talk about. i want to say another happy congratulations on black history month here in san francisco. this has been i think a very auspicious haft few months of course in seeing the ascendancy of our district attorney, kamela harris, rise to attorney general in the state of california. certainly of course ases to the incredible impact of advancing the issues much import to all of us, joining the board, supervisor malia cop henn. and we continue to see great challenges, nationall

lewin you are not planning exclusivity in congress.you say foreign relations did this shared power. so if it is a shared power, why does congress trump these executive? >> precisely because under the standard of the seizure case and this tripartite extreme if congress determines what the president has done and this is a statute which is very narrow and deals with past conduct by the executive branch it doesn't hobble the president in terms of future foreign policy. what determinations are for the president alone to make. >> for in relation determinations are not left -- >> are there any foreign relations determination's for the president alone to make under the case. and those are? >> diplomatic communications and the president makes -- >> who gets the telegram? >> issues the communication to the foreign government who determines certain things the president alone does because he's the one who implements foreign policy. there is such an interpretation of the president's foreign power. >> with all respect, just as we don't think that. t

lewin. >> mr. chief justice please the court.the executive has determined that its issues should not identify israel is the place of birth for persons born in jerusalem. petitioner seeks relief under section 214 the counterman that executive judgment. under the constitution, that is an exercise of the executives exclusive recognition power. the constitution commits the power exclusively through the executive and neither he court whether congress can override the judgment. >> your friend document contrary history at some length in its reply brief. we're from the beginning at least as he says to the mckinley administration the two branches acted as if they had coequal authority. >> mr. chief justice, i don't think it shows before returning to the starting point of that story, which is a member of administration, i'd like to point out that on the washington station, the president confronted to question whether to recognize the revolutionary government of france. president washington consulted with the cabinet and the cabinet include

lewin has been selling business attire since 1898.rying to collar more customers overseas. the company's international sales rose 26% in the first half of this year. well, our richard quest asked ceo jeff quinn how he plans to grow its international business. >> we all have some experience, small experience growing up in business. but it's going to be a mixture of both franchise stores. we're opening our own stores in australia. we're also partnering with myers in australia to open a chain of 30 concessions. >> you describe the environment as challenging. we hear on this program today just how challenging. can you be optimistic about the year ahead? >> unfortunately i am an internal optimist and actually i can. i think businesses that succeed succeed through their product and not through necessarily just the environment. you can over come the environment if you have the right product and the right mindset to go out and sell it. >> okay. we need to talk less about the economics and more about the shirts themselves. we have some here. y

american people when president clinton had a relationship outside of his marriage apparently with monica lewins lewinsky? i'm waiting for the answer to that question from herman cain. >> in light of what's come out today, gloria, are you planning any further action with your client? >> not with my client, but i do feel that she is extremely credible and her corroborating witness, one of them, dr. zuckerman, pediatrician, came forward. and we had a news conference with him. and he said that in fact he was the one who suggested that she contact herman cain to help her with employment. in fact, he was there with her when they had numerous conversations with herman cain at the national restaurant association, and that she told him -- that is dr. zuckerman -- about the inappropriate sexual advances that mr. cain made to her not long after those advances were made. so dr. zuckerman has backed her up. and the fact that he said cain that he never even met my client, didn't know her, was shown to be patently false. >> gloria allred, thank you very much indeed. >> thank you. >>> coming up next barack oba

getting attention as the super committee is facing a dead lewin to cut the nation's staggering debt. and on capitol hill this morning, good morning. >> good morning, rob, sunny. the super committee goal was to put a gun to the head of congress to make the deficit cuts. we'll know this time next week whether they have achieved that mission. if they failed, the alternative is severe. this super committee could be headed towards a super failure. the 12 member, six democrats, six republicans from the house and senate, are tasked with a big challenge. cut at least $1.2 trillion from the deficit over the next ten years. their deadline is next wednesday. now, under a week away. >> this committee will come to order. >> reporter: after three months of hearings and secret meetings they're now in a stalemate. democrats have put entitlement reform on the table. republicans negotiated on revenues. both sides say the other has not gone far enough yet. >> i'm looking for a solution. they rejected a republican solution. they have rejected a bipartisan solution. we wait for their solution. so i am no

you think if you were given an important assignment with a dead lewin you would work up until the last minute to make sure the job gets done. not so on capitol hill this morning. the negotiations over the debt crisis deal hit a dead end and there could be some dire consequences that could hit home. >> can we agree this is an embarrassment for our democracy and country. the 12 people couldn't get it together. >> a spectacle. >> what it says about our politics. a dud. going to trigger some nasty cuts. details on that. our headline this morning. the arrest of a 27-year-old man here in new york accused of planning to set off home made bombs. police say he wanted to target squad cars, post offices even the armed forces. we'll hear from his family members coming up. another nasty plot foiled luckily by good law enforcement. >> good police work. later this half-hour, is it really worth your while to take advantage of black friday deals? or should you wait? what retail experts are saying now could save you money later. >> uh-huh. a lot of folks lined up in a few days. >> i want a tv. >> everyo

lewin. general verrilli? >> mr. chief justice thomas' supreme court, the general has determined that the passport should not identify israel as the place of birth for persons born in jerusalem. decisions that would countermand that executive judgment, and the constitution, that is an exercise of the executives exclusive recognition power. the constitution commits that power exclusively to the executive. by the record, nor the congress can override that judgment. >> your friend documented history in some length of his reply, where from the beginning of the administration he says that the two branches after had the authority. >> if i might spend a minute or two on that history, it does not show what my friend suggests that it does. before the starting point of that, i would like to point out that in the washington administration of president confronted the question with respect to whether to recognize the revolutionary government. president washington consulted with his cabinet. jefferson, madison, they decided that t

and the lewin group, a fairly well-respected health care consult answery here in washington as well as george bush's treasury secretary, secretary o'neill, have both agreed the annual savings could be a trillion dollars a year, all by improving the quality of care and the coordination of care. and i don't know if it exactly going to be $700 billion or a trillion dollars, but my point here is that there is a really big savings target out there that everyone from president obama's council of economic advisors to george bush's treasury secretary, to a lot of very well thought of groups in between, including our national institutes of medicine, all agree on. so i think that that makes it a very important target to pursue in this discussion. and it's not just me in believing that at this potential split in the road we should work and fight very hard to make sure we're taking the right path, and that we don't go down the easy-to-score but unnecessary and unhelpful path of benefit cuts which single out seniors in medicare and do nothing about the underlying cost of the system and make it the