Is Bush pushing Alito to save his own skin?

The attorney general should be immune from lawsuits for ordering wiretaps of Americans without permission from a court, Samuel A. Alito Jr., President Bush's Supreme Court nominee, wrote in a memorandum in 1984 as a government lawyer in the Reagan administration.

"I do not question that the attorney general should have this immunity," Judge Alito wrote in 1984, arguing that top officials should not be subject to liability for damages for decisions relating to national security, including when they knowingly violated the law. But he counseled against appealing the issue to the Supreme Court, for two reasons.