OTHER THAN FOR THE HISTORICAL RECORD. >> GREAT STUFF. WE'LL LET YOU GET BACK TO THE READING AND BRING IN THE FORMER ATTORNEY GENERAL ALBERTO GONZALES, PROFESSOR AT LOWER BELMONT UNIVERSITY. THANKS FOR JOINING US. WHAT IS YOUR IMMEDIATE REACTION? >> MY IMMEDIATE REACTION IS NO SURPRISE. QUITE FRANKLY, A PRESIDENT HAS TO MAKE THE MOST DIFFICULT DECISIONS YOU CAN POSSIBLY IMAGINE, THAT PRESIDENT HAS TO HAVE THE FLEXIBILITY, THE POWER, THE AUTHORITY TO MAKE TOUGH DECISIONS AND SOME ACTING IN AN OFFICIAL CAPACITY HE SHOULD BE IMMUNE FROM PROSECUTION. AND SO I THINK THAT THAT'S ABSOLUTELY TRUE. NOT ACTING IN AN OFFICIAL CAPACITY, WE DON'T HAVE A SITUATION WHERE WE HAVE A KING IN THIS COUNTRY AND IF YOU'RE ACTING IN A PERSONAL CAPACITY, NONOFFICIAL CAPACITY, YOU STILL REMAIN POTENTIALLY CRIMINALLY LIBEL FOR YOUR ACTIONS AND, SO I KNOW THERE WILL BE DISAGREEMENTS ABOUT WHAT CONSTITUTES AN OFFICIAL ACT AND THAT'S SOMETHING THAT HAS VEXED THE COURT FOR THESE PAST FEW MONTHS IN LOOKING AT THIS CASE, BUT HAVING BEEN WITH THE PRESIDENT, PRESIDENT BUSH, MAKING SOME DIFFICULT DECISIONS ON THE WAR ON TERROR, I KNOW THAT THE PRESIDENT HAS TO HAVE CONFIDENCE THAT HE CAN EXERCISE HIS BEST JUDGMENT WITHOUT FEAR OF CRIMINAL PROSECUTION, AND ONLY YOU DON'T WANT A PRESIDENT TO BE RECKLESS, BUT WE NEVER HAD THAT PROBLEM IN THIS COUNTRY BY AND LARGE FROM MY PERSPECTIVE, SO I THINK THIS IS A RIGHT DECISION. AGAIN, THE MOST DIFFICULT ASPECT OF THIS WILL BE DECISION WHAT ARE OFFICIAL ACTS AND NOT OFFICIAL ACTS AND, YOU KNOW, THAT'S SOMETHING WE'LL HAVE TO WAIT AND SEE WHAT HAPPENS. >> WHEN YOU SAY YOU HAVE NO SURPRISE IN THIS SURPRISE IN THIS DECISION, WHY DO YOU THINK IT WAS NOT A UNANIMOUS DECISION AND WHY DO YOU THINK IT'S A WORRYING MOMENT, A DISAPPOINTING MOMENT THAT IT WAS SPLIS ALONG, I GUESS, RIGHT AND LEFT LINES, 6-3? >> YOU KNOW, I THINK IT PROBABLY WAS A VERY SERIOUS, PROLONGED ATTEMPT TO TRY TO GET THAT ON THIS ISSUE. OBVIOUSLY, THIS IS A VERY CONTROVERSIAL ISSUE OVER A CONTROVERSIAL EVENT THAT HAPPENED AT A VERY CONTROVERSIAL TIME. SO, THE FACT THAT IT WASN'T UNANIMOUS, IN MY JUDGMENT, IT'S NOT SURPRISING. BUT BASED ON MY EXPERIENCE, BOTH AS WHITE HOUSE COUNSEL DURING THE EARLY DAYS AND LATER ON AS ATTORNEY GENERAL, THIS IS THE RIGHT RESULT. THE PRESIDENT WITH RESPECT TO OFFICIAL ACTIONS HAS TO HAVE TOTAL CONFIDENCE HE CAN MAKE THOSE DECISIONS WITHOUT FEAR OF PROSECUTION IN THE FUTURE. FROM THE PRESIDENT OF A DIFFERENT PARTY. SO -- BUT AGAIN, TO RESPOND TO YOUR QUESTION, THE FACT IT WASN'T UNANIMOUS