Gonzales Pulls a Gingrich With Sickbed Paperwork, Says We Don't Need No Stinkin' 4th Amendment

By: Catzmaw
Published On: 5/16/2007 11:31:46 AM

Here's a very disturbing story from the New York Times about the lengths to which Alberto Gonzales has gone in his disregard for the Constitution and Bill of Rights.  President Intervened in Dispute Over Eavesdropping

In March 2004 John Ashcroft, U.S. Attorney General, lay in a hospital sickbed and James Comey was acting Attorney General.  On May 14th Mr. Comey testified before the Senate Judiciary Committee and described the appalling behavior of Alberto Gonzales and Andrew Card.  Comey had informed Gonzales and Card that extensive Justice Department review had shown that the NSA's wiretapping program was not legal. 
Comey testified that

he refused to sign a presidential order reauthorizing the program, which allowed monitoring of international telephone calls and e-mail of people inside the United States who were suspected of having terrorist ties. He said he made his decision after the department's Office of Legal Counsel, based on an extensive review, concluded that the program did not comply with the law. At the time, Mr. Comey was acting attorney general because Mr. Ashcroft had been hospitalized for emergency gall bladder surgery.
  Not to be refused, Gonzales and Card
tried to bypass [Comey] by secretly visiting Mr. Ashcroft. Mr. Ashcroft was extremely ill and disoriented, Mr. Comey said, and his wife had forbidden any visitors.

Mr. Comey ... ordered his driver to rush him to George Washington University Hospital with emergency lights flashing and a siren blaring ... he phoned Mr. Mueller, who agreed to meet him at the hospital ... Mr. Mueller ordered the F.B.I. agents on Mr. Ashcroft's security detail not to evict Mr. Comey from the room if Mr. Gonzales and Mr. Card objected to his presence.

Mr. Comey said he arrived first in the darkened room, in time to brief Mr. Ashcroft, who he said seemed barely conscious. Before Mr. Ashcroft became ill, Mr. Comey said the two men had talked and agreed that the program should not be renewed.

When the White House officials appeared minutes later, Mr. Gonzales began to explain to Mr. Ashcroft why they were there. Mr. Comey said Mr. Ashcroft rose weakly from his hospital bed, but in strong and unequivocal terms, refused to approve the eavesdropping program.

"I was angry," Mr. Comey told the committee. " I had just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me ... I thought it was improper."


The crisis was such that Ashcroft, Comey, and Mueller and others threatened to resign. 
Mr. Bush quelled the revolt over the program's legality by allowing it to continue without Justice Department approval, also directing department officials to take the necessary steps to bring it into compliance with the law
.
I never thought I'd see the day I'd be on John Ashcroft's side.  To think that the NSA program was such that a guy like Ashcroft would have problems with it, and that the fact of his reservations did nothing to dissuade Gonzales from his course, shows us just how frighteningly disrespectful of the Constitution and Bill of Rights this fox guarding our Constitutional henhouse is.  He's a disgrace.

Comments



This Is Apalling! (mmc0412 - 5/16/2007 2:11:13 PM)
I also read that Andrew Card called Comey to the White House immediately after the hospital escapades.  Comey said that after what he just witnessed, he would not come to the White House unless he had Ted Olsen (soliciter general) along as a witness.  To which Andrew Card replied something to the effect of, "what do you mean what you just witnessed, we were there to wish Ashcroft well".


This whole story is so slimy (Catzmaw - 5/16/2007 3:59:39 PM)
I have to excuse myself to go degrease my keyboard and sanitize my hands.  The more I learn about Gonzales the more slimy he seems.  Unprincipled, partisan, and scheming.  That he should hold the highest legal office in the land disgusts me.  Even Ashcroft had enough respect for the office to inquire about the legality of government action.  Gonzales was on C-Span giving a speech before the National Press Club the other night and I tried to watch, but he makes me so angry I can't stand to look at him.  He seems incapable of embarrassment or shame. 


Comey Is The Man (mmc0412 - 5/16/2007 4:35:46 PM)
Will he be the one to save this country yet?  Not only was he the one to assign Patrick Fitzgerald to the Scooter Libby case with full jurisdiction (not sure that's the correct term), but now this awesome testimony.  Wow, just wow.  I can't thank him enough!!  Comey should be the Attorney General!

This just clearly demonstrates Gonzoles's disregard for the law and the Constitution, but also Bush's.  Clearly Gonzoles needs to go, but doesn't this also show that Bush was prepared to not uphold his oath to protect the Constitution?  He was ready to install the program anyway without the Justice Department's sign off.  That is until, Comey, Mueller, and Ashcroft himself threatened to resign over it.  In other words, it took a threat that certainly would have been big news in the media to cool Bush's jets - not the fact that the program was illegal.

And worse, how do we know that Comey's/Ashcroft's recommendations are in place?  How do we know they didn't go ahead and write up the program one way to get DOJ's authorization but have installed it and are operating it they way they wanted to?



A number of people have been saying this. (JPTERP - 5/16/2007 11:31:19 PM)
Even if you don't agree with the guys position's on a host of issues, you can at least respect that he has the courage of his convictions and that his principle is based on some rational basis.

This is one of the reasons he will never be nominated (at least by this President).

Fitzgerald would also bring instant credibility to the Department, but he too is a long shot.

The most likely replacement seems to be Ted Olsen.



Comey (mmc0412 - 5/17/2007 8:24:13 AM)
No, he wouldn't be nominated by this President for sure.  Bush has already called Comey a non-team player.  He regrets that he had a Deputy AG who would not go along with breaking the law.  I'm glad there was a non-team player on board at least for a while!

What really, really concerns me is that now that Gonzoles is AG, that program may have been altered back to it's original illegal form.



Gonzales's contuned management (JPTERP - 5/17/2007 9:29:47 AM)
worries me tremendously.  He clearly is pretty much willing to do whatever his bosses want without any regard to what the law (or common sense) might dictate.

I will not be surprised to see him threatened with impeachment before this is all said and done (I say threatened--because the moment that likely impeachment is about to occur, Bush will encourage him to go back to private life.  Although even then, there are some fairly serious criminal charges that might follow).



Comey hit a walk off homer-Country before Party! (Ken C. - 5/17/2007 5:42:35 PM)
I've known Comey for years.  He used to run the shop in Richmond as the managing AUSA in the criminal division.  His political party affiliation is irrelevant; this is the most honest, straightforward prosecutor you will ever  meet. Tough, but fair and out to do JUSTICE beyond all else.

I once represented a guy that the feds had "dead" on a "project exile" gun case, but I went to Jim with the facts of the case and background of the defendant.  Although my guy would have been proven guilty, it was a clear "mistake of fact" case and Jim dismissed it with prejudice without trial or pretrial diversion.  His take was it was not the kind of case that the program was designed to address and my client was not the kind of defendant the program was designed to take off the streets. Therefore, he gave up a sure "win" in order to JUSTICE!  Regardless of party, he is the kind of person that we deserve and must have run our federal law enforcement system, not "W" sycophants, religious fanatics, and/or disgusting slime taking marching orders from Rove, Bush or Cheney.



Tricking someone into approving an unconstitutional program? (Andrea Chamblee - 5/16/2007 11:32:35 PM)
Disbar Gonzales Now.


Can someone find a blue dress? Soon...please... (Dianne - 5/17/2007 7:49:16 AM)
For six and a half years now, the very heart of our democracy and freedom has been at stake and we continue to keep sliding into Bush's fascist view of running this country.  He has filled his administration's key positions with villains, crooks and greedy swindlers....political hacks at best.  The sooner we get Democrats elected into a more substantial majority, the sooner we can start to do the work to try and clean up the abominable trash and rubble that these traitors have dumped upon our democracy.


Glenn Greenwald (Susan P. - 5/19/2007 2:32:33 PM)
In an interesting post yesterday, Glenn Greenwald acknowledged that it took courage for James Comey, John Ashcroft and Jack Goldsmith to face down Gonzales, Card, and the President over the legality of this program.  But he pointed out that the praise for these three was misplaced, noting that:
"The 'heroic' trio still ultimately endorsed the unquestionably illegal warrantless eavesdropping program, along with the whole host of other radical and lawless Bush policies, from the indefinite and process-less detention of even U.S. citizens on U.S. soil to secret Eastern European prisons and a whole range of 'enhanced interrogation techniques.'"
He pointed out that these "heroes" wound up "not only accepting, but affirmatively endorsing, the core of the President's lawbreaking, i.e., his spying on Americans without the warrants required by FISA."

http://www.salon.com...

It is surprising that Aschcroft finally stood up for the Constitution.  But that's because the lawbreaking became so blatant that even he could no longer ignore it.  With a few cosmetic changes, the program was put back in place, and Ashcroft went on to a less stressful job at Regent University.  No one resigned, made a stink, or went public to stop the program when it really mattered.  These great patriots, like the New York Times, simply looked the other way and ignored clear constitutional violations until a more convenient time arrived to speak up.