Well, there is an attorney-client privilege here that needs to be respected, and it's a privilege that has been found to be worthy of protection by our courts.

Clearly, there are privilege issues that have to be considered. As a general matter, we would not be disclosing internal deliberations, internal recommendations.

This is a very highly charged investigation. People are very interested in this, and we've got a prosecutor, a very well respected prosecutor who's been looking at this issue, this investigation for a long time.

There are, for example, exemptions in FOIA in which the government can withhold certain kinds of information, and the courts have recognized that there is certain documentation that do deserve protection, that certain privileges do apply and do deserve protection.

You do the best you can, looking at precedent, in trying to anticipate where the Supreme Court is going to draw the balance between the protection of civil liberties and protecting the national security, and in some cases, we guessed wrong.

Michael Chertoff and the Department of Homeland Security, they have the primary responsibility of ensuring that our ports are secure.