Senate Judiciary Committee members Feingold, Schumer, Kennedy, and Durbin have sent an interesting query to Alberto Gonzales, (e-mailed release, no link):
Dear Mr. Attorney General:
In very dramatic testimony to the Senate Judiciary Committee
yesterday, former Deputy Attorney General James Comey testified that in
March 2004, when you served as White House Counsel, you were involved
in "an effort to take advantage of a very sick man," referring to
then-Attorney General John Ashcroft.
Specifically, Mr. Comey testified that you and former White House
Chief of Staff Andrew Card went to Mr. Ashcroft's bedside at George
Washington Hospital, where he was in intensive care, in an effort to
get him to agree to certify the legality of a classified program that
he and Mr. Comey, who was serving as acting Attorney General at the
time, had concluded should not be so certified. Mr. Comey stated that
when the Administration decided to go forward with reauthorizing this
classified program without that certification, he and several other
Justice Department officials, including possibly Attorney General
Ashcroft himself, were ready to tender their resignations.
You testified last year before both the Senate Judiciary Committee
and the House Judiciary Committee about this incident. On February 6,
2006, at a Senate Judiciary Committee hearing, you were asked whether
Mr. Comey and others at the Justice Department had raised concerns
about the NSA wiretapping program. You stated in response that the
disagreement that occurred was not related to the wiretapping program
confirmed by the President in December 2005, which was the topic of the
hearing. The following is a transcript excerpt from that hearing:
Senator Schumer. Let me ask you about some specific reports. It
has been reported by multiple news outlets that the former number two
man in the Justice Department, the premier terrorism prosecutor, Jim
Comey, expressed grave reservations about the NSA program and at least
once refused to give it his blessing. Is that true?
Attorney General Gonzales. Senator, here is a response that I feel
that I can give with respect to recent speculation or stories about
disagreements. There has not been any serious disagreement, including –
and I think this is accurate – there has not been any serious
disagreement about the program that the President has confirmed. There
have been disagreements about other matters regarding operations, which
I cannot get into. I will also say –
Senator Schumer. But there was some – I am sorry to cut you off,
but there was some dissent within the administration, and Jim Comey did
express at some point – that is all I asked you – some reservations.
Attorney General Gonzales. The point I want to make is that, to my
knowledge, none of the reservations dealt with the program that we are
talking about today. They dealt with operational capabilities that we
are not talking about today....
Senator Schumer. But you are telling us that none of these people
expressed any reservations about the ultimate program. Is that right?
Attorney General Gonzales. Senator, I want to be very careful here.
Because of course I am here only testifying about what the President
has confirmed. And with respect to what the President has confirmed, I
believe – I do not believe that these DOJ officials that you are
identifying had concerns about this program.
In addition, on April 6, 2006, in answer to a question from then
House Judiciary Committee Chairman James Sensenbrenner about the
hospital visit, which had been reported in the press, you responded:
"Mr. Chairman, what I can say – and I'm sure this will not be
acceptable, but let me say it anyway – is that I have testified before
that the disagreement that existed does not relate to the program the
President confirmed in December to the American people."
We ask for your prompt response to the following question: In light of Mr. Comey's testimony yesterday, do you stand by your 2006 Senate and House testimony, or do you wish to revise it?
It think it's time for a new Gonzales hearing.
