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SCOTT McCLELLAN: …People should have the right to prevent unwanted telemarketing calls that are intrusive and annoying and all too common. I can relate to people that receive intrusive, annoying, all too common calls. (Laughter.)

Q. Not from telemarketers. (Laughter.)

Q. What about GOP fundraising calls, Scott? (Laughter.)…

Q. If we need to call you tonight, what time are you having dinner? (Laughter.)

MR. McCLELLAN: We need this to move forward quicker than October 1. (Laughter.)

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SCOTT McCLELLAN: …And with that, I’m happy to take your questions.

Q. Scott, the House –

Q. Scott –

MR. McCLELLAN: Who can yell louder. (Laughter.)

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Q. Scott, the Constitution’s Article II, says, “The President shall take care that the laws be faithfully executed” with no stipulation that this applies only to federal laws. But in California’s Ninth Federal Circuit Court of Appeals, whose rulings last year were overruled in 75 percent of its cases before the U.S. SupremeCourt — you, Scott, as the President’s top spokesman –

SCOTT McCLELLAN: Uh-oh. (Laughter.)

Q. You have refused comment because you claim this is a state issue. And my question –

MR. McCLELLAN: Are you talking about the California recall?

Q. Yes — since this postponement of California’s recall election, why only three federal judges will, if allowed to stand, cost California and candidates many millions of dollars, how do you believe Californians will react to no leadership and no help on this from a President, who in 414 days, wants them to vote for him? And I have one follow-up. (Laughter.)

MR. McCLELLAN: How long is it? (Laughter.)

Q. No, this is much shorter. But how do you feel? I mean, shouldn’t he speak to this? This is the law –

MR. McCLELLAN: There is always an appeals process, that’s the legal process if people disagree with decisions, and they can pursue that appeals process.

Q. Does the President know that of these California federal judges who ruled that voting machines that reelected Gray Davis are now illegal, one was appointed by Jimmy Carter and the other two by Bill Clinton?

MR. McCLELLAN: Yes, I’m aware of the makeup of the judiciary.

Q. He does know that? Is that surprising?

MR. McCLELLAN: Sarah.

Q. Thank you. Scott, I have two questions, short. (Laughter.)…

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SCOTT McCLELLAN: I say that this is an unprecedented approach by a President of the United States that will lead to the most ambitious reduction — we’ll see you later, John — (laughter) — that will lead to the most ambitious reduction in power plant emissions ever, 70-percent reduction; and that we should be working together, focusing on areas of common ground.

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Q. President Bush has had high praise for military commanders who won swift victories in both Afghanistan and Iraq. Does he have similar praise for a man who won a swift air war over Kosovo, Retired General Wesley Clark?

SCOTT McCLELLAN: Thank you for the opportunity to get involved in politics. I think I will pass.

Q. What does he think of his command abilities?

MR. McCLELLAN: Again, you’re asking in the context of a guy who’s looking at running for president on the Democratic ticket, and I think that’s a nice try, but I will pass and continue to focus on what we are working to do, which is the people’s business.

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SCOTT McCLELLAN: …And with that, I’ll go right into questions. Seeing none, I’ll leave. (Laughter.)

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Q. … The other is, your father, Barr McClellan, has written a book that’s coming out next month. It’s called “Blood, Money and Power: How LBJ Killed JFK.” And I’m wondering if you agree with your father that President Johnson was behind the assassination of President Kennedy?

SCOTT McCLELLAN: Thank you for the opportunity, but I’m not going to have any comment on it. Thanks.

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Q. Second, since one of the many angry and ugly charges currently being made against the President is that his raising so much money for his reelection from the big and wealthy shows that he cares for them more than for others. My question is, what are your plans, as his top spokesman, to try to end the practice at the last two presidential news conferences of scripting in advance those reporters to be recognized, who are all from media that are big and wealthy, and giving no chance to ask a question to all the rest of us. (Laughter and applause.)

SCOTT McCLELLAN: I think the President –

Q. What are you going to do? Come on, Scott.

MR. McCLELLAN: The President took some 17 different questioners, I believe, last time.

Q. The last two were all scripted. (Laughter.)

MR. McCLELLAN: He chose them from the audience, and it’s a wide-ranging –

Q. Oh, no, no, no, they were scripted, Scott, and you know that because you can’t keep a straight face. (Laughter.)

Q. Scott, it’s my –

MR. McCLELLAN: It’s not anybody’s turn. It’s Goyal’s turn, I just called on Goyal. I just called on Goyal.

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Q. Scott, how do you respond to some of the stinging criticism last night in the Democratic debate, particularly — for instance, Representative Gephardt calling the President a miserable President?

SCOTT McCLELLAN: I watched some of the confrontation on TV last night, and I was impressed by the way the Redskins pulled it out. (Laughter.)

Q. Seriously, Scott –

MR. McCLELLAN: There is a Democratic primary going on. We’ll let them debate those issues among themselves.

Q. Did the President watch the debate?

MR. McCLELLAN: Not that I’m aware of.

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Q. May I have a follow-up, please?

SCOTT McCLELLAN: You may have a follow-up. All you have to do is say please. (Laughter.)

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