By Kenneth J. Theisen, 5/16/07
On May 15, 2007 James B. Comey
testified before the Senate Judiciary Committee about disharmony within the
Bush regime. According to Comey’s testimony back in March 2004, President Bush
had to intervene personally to resolve a major crisis over the National
Security Agency’s (NSA) massive surveillance program. Comey revealed that, then
Attorney General John Ashcroft, FBI Director Robert Mueller, Comey and other
Department of Justice (DOJ) aides had all threatened to resign over the
reauthorization of the NSA spying program. Only Bush’s direct intervention of
allowing the surveillance to occur without DOJ approval stopped this mass resignation
and the public revelation of the existence of the NSA program.
Comey described events of March 10th
and 11th in 2004 which began when he declared that he would not sign a Bush
order reauthorizing the NSA program because he did not believe it complied with
the law after he received a legal opinion from DOJ’s Office of Legal Counsel
analyzing the program. There were concerns that the NSA did not have proper
oversight in place to prevent abuse of the program. There was also doubt about
whether the president had the constitutional authority to actually authorize
such a spying program at all. Comey’s signature was needed as Ashcroft was
hospitalized and Comey was then acting Attorney General during the
hospitalization.
But White House Counsel and now Attorney
General Alberto Gonzales and then White House Chief of Staff, Andrew Card tried
an end run around Comey by staging a nighttime visit to see Ashcroft in the
intensive care unit of the hospital. Maybe they were hoping to get his
signature while he was drugged.
Comey claims that when he discovered
this he rushed to the hospital with sirens blaring and lights flashing on his
official DOJ car. He also phoned the FBI director to meet him at the
hospital. He managed to beat Gonzales and Card to the sickbed of Ashcroft
where he briefed him on what was happening.
Comey then testified that the White
House two then appeared and Ashcroft informed them that he also would not sign
the presidential order. [The fact that even the arch-reactionary Ashcroft has
problems with the legality of the NSA program is quite revealing. Ashcroft is a
man who strongly supported the PATRIOT Act, openly admired the Confederacy and
draped a cloth over the statue of Lady Justice at DOJ because she had a nude
breast. He conducted daily prayer meetings for staff at DOJ and even had DOJ
patriotic sing-a-longs. He wrote the songs himself including one called “Let
the Eagle Soar.”] Gonzales and Card exited the hospital but shortly after Comey
received a call from Card angrily summoning Comey to the White House. Comey
agreed to come but demanded a witness to be present at the meeting, the
Solicitor General of the United States Ted Olson. The four officials then met.
The threatened resignations were discussed at the meeting but nothing was
resolved and the clock was running as the NSA program was set to legally expire
the next day.
[In February 2006 Attorney General
Gonzales told two congressional panels looking into the NSA surveillance
program that there had “not been any serious disagreement about the
program.” I guess Gonzales did not
consider the threatened mass resignations over it reauthorization
significant. Either that or he lied to
the two panels.]
The next morning Comey went to the
White House where he met with Bush and explained his objections to the program.
Comey then testified that Bush met with the FBI director next. FBI Director
Mueller then allegedly told Comey that Bush agreed to the changes in the NSA
program sought by DOJ. Comey stated that 2-3 weeks later he signed the
reauthorization but he also said the program was renewed on March 11 without
his consent.
White
House press secretary Tony Snow was asked about Comey’s testimony before the
Senate. Snow defended the NSA program and showed his lack of knowledge of
human anatomy at the same time. In referring to Ashcroft, Snow said,
“Because he had an appendectomy, his brain didn’t work? Jim Comey
can talk about whatever reservations he may have had. But the fact is
that there were strong protections in there, this program has saved lives and
it’s vital for national security and furthermore has been reformed in a
bipartisan way.” [Democrats joined Republicans in legalizing the spy
program after criticizing the Bush regime for instituting the illegal NSA surveillance
program shortly after 9/11. Apparently they have no problem with massive surveillance of
the population as long as it is done “properly.”]
Democrats after hearing Comey’s
testimony attacked Attorney General Gonzales. Senator Chuck Schumer
stated, “I would say what happened in that hospital room crystallized Mr.
Gonzales’ view about the rule of law: that he holds it in minimum low regard.
It’s hard to understand after hearing this story how Attorney General
Gonzales could remain as attorney general, how any president, Democrat,
Republican, liberal, conservative, could allow him to continue.”
But Democrats were not the only ones
upset by Comey’s revelations. On May 15th, Republican Senator Chuck Hagel
called for Gonzales to step down. Citing the testimony, Hagel stated,
“The American people deserve an attorney general, the chief law
enforcement officer of our country, whose honesty and capability are beyond
question. Attorney General Gonzales can no longer meet this standard.
He has failed this country. He has lost the moral authority to
lead. Alberto Gonzales should resign now.” Other Republicans
who have previously called for Gonzales” head include Senators John Sununu, Tom
Coburn, and House GOP Conference Chairman Adam Putnam.
But
the White House, as it has done each time a Republican breaks ranks and calls
for the ouster of the Attorney General, came to Gonzales” defense. In
reply to Hagel, White House media secretary Snow stated, “We disagree, and
the president supports the attorney general”Jim Comey gave his side of what
transpired. The president still has full confidence in Alberto
Gonzales.” The expressions of support from Bush for Gonzales are
beginning to sound like an old recording. Snow may wish to just tape them
to save some effort.