Word: ashcroft
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Most curious was the way he seemed to revise his explanation for his March 2004 hospital visit to ask then Attorney General John Ashcroft to reauthorize a domestic surveillance program that was secret at the time. Gonzales and another White House official made the bedside visit because Ashcroft's deputy, Jim Comey, who was acting as Attorney General while Ashcroft was under medical sedation, refused to continue the wiretapping program. Gonzales declined to say who sent him on the mission and denied that he was trying to pull an end run on Comey. Instead, he suggested, he approached Ashcroft because...
...exchange with Senator Arlen Specter, the panel's top Republican. Specter opened up with former Deputy Attorney General James Comey's testimony to the panel in May over Gonzales' actions while serving as White House Counsel. Comey had alleged that Gonzales tried to convince an ailing Attorney General John Ashcroft, who was in the hospital recovering from gallbladder surgery, to sign off on Bush's warrantless wiretapping program. "There are no rules saying he couldn't take back authority," Gonzales said, trying to explain that they had hoped Ashcroft might be able to sign off on an intelligence program...
...Both Specter and later Senator Chuck Schumer latched onto Gonzales' puzzling comment. Schumer in particular brought up several examples where in sworn testimony Gonzales has named the Terrorist Surveillance Program as the one at issue during the hospital visit to Ashcroft's room. Committee Chairman Patrick Leahy then ordered a complete review of Gonzales' statements to the committee. "This is such a significant and major point," Leahy said. "There's a discrepancy here in sworn testimony and we're going to find out who's telling the truth...
...couldn't remember answers for even the rare friendly inquisitors. After Senator Orrin Hatch, a Utah Republican, tried to prod him about how long Comey was in Ashcroft's room - hinting that maybe he hadn't really been present for much of the conversation - Gonzales replied, "I don't remember...
Gillers also believes that Gonzales tried to deceive Ashcroft, because, according to Comey's testimony, he did not make it "crystal clear" that Ashcroft was being asked to sign off on a program that the Justice Department had already found to be illegal. The Texas disciplinary rules prohibit lawyers from engaging in "conduct involving...deceit." There's plenty of room to argue whether the eavesdropping program is, in fact, legal, or whether Gonzales at least believed at the time that that it was legal. But let's assume Gillers is correct. Now what...