He kinda is. No matter how many different ways Leahy broaches this subject, Alito has answered the question the same. He would have to listen to the specifics of the case before making a judgement.
Leahy even went so far as to say- What if the President decided to go around the laws against murdering someone.... Is this okay?
Leahy now onto the "strip search" gambit.
Strip searching 10 year old girl....10 year old girl....10 year old girl.....