Brett Kavanaugh is a brilliant, brilliant judge and one of the most-distinguished conservative jurists in the country.

I'm arguing for progressive positions on behalf of a progressive administration in front of a court who, before Justice [Antonin] Scalia's death, had a conservative majority that was quite conservative, frankly.

The fact that you have a policy of such consequence directly affecting millions of people and you have a legal question of great consequence about the scope of the president's authority to act in implementing the immigration laws in this way and you have a one-line decision from the court affirming by an equally-divided court, it's an inevitable consequence of where we are.

Watch what happens on Twitter. One thing leads to another very quickly. And in an ironic sense, even though it's such a democratic form of communication, there's a funny way in which it leads to a hardening of a conventional wisdom much more quickly than might happen if you were reflecting on it a little more.

I had a great deal of independence from the president and the White House during the entirety of my five years. And I'm not sure exactly what that is, but our friend, Walter Dellinger, has a theory about it, and I think he's probably right. And the theory starts with the fact that I worked in the White House for a year and a half before coming over to the position of SG. And because of that, when I was nominated, there was some chatter out there that, "Oh. They're putting a political hack in. This has never happened before."

There was only really one time that I had a substantive interaction with the president [Barak Obama] directly, and that was in 2013 when we were deciding whether to file a brief in the first gay marriage case, the Perry against Hollingsworth case. That was a weighty decision about whether the United States government was going to come in and say that heightened scrutiny ought to apply and some state bans on same-sex marriage ought to be unconstitutional. And that was the one time in my tenure where I thought I ought not make this decision without talking to the president.

The cases involving the question of whether U.S. courts should be open to claims of international human rights violations brought by foreign persons against foreign government officials. And the State Department on the one side has got a very consistent and powerful view that U.S. courts should be open to those claims because there needs to be a place in the world where they can be brought. And those human rights norms ought to be real and enforceable, and we ought to be a beacon to the world.