Gonzales KNEW Ashcroft Was Too Sick to Reauthorize the Program–But Asked Him To Anyway

Back when he was testifying before Congress, Alberto Gonzales played dumb about whether or not he knew John Ashcroft was too sick to sign the reauthorization for the warrantlesss wiretap program. But the IG Report makes it clear he was well aware Ashcroft couldn’t sign it.

On March 9, Gonzales admitted publicly that Ashcroft couldn’t sign the reauthorization.

Gonzales reasoned that Ashcroft, who was still hospitalized, was not in any condition to sign a renewal of the Authorization, and that a "30-day bridge" would move the situation to a point where Ashcroft would be well enough to approve the program.

But on March 10, here’s what happened. 

Gonzales told the DOJ OIG that he carried with him in a manila envelope the March 11, 2004, Presidential Authorization for Ashcroft to sign. According to Philbin, Gonzales first asked Ashcroft how he was feeling and Ashcroft replied, "Not well." Gonzales thetn said words to the effect, "You know, there’s a reauthorization that has to be renewed…" 

I know none of you had any doubt that Gonzales knew full well Ashcroft shouldn’t sign that reauthorization. But if you needed proof, now you’ve got it. 

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  1. alabama says:

    What about Card? Wasn’t he there with Gonzales? Has he been invited to discuss Philbin’s comment?

    I despise Card, by the way, I really do. In my eyes, Gonzales is only pathetic, but Card is evil.

  2. earlofhuntingdon says:

    To get that 30-day bridge, Fredo needed the AG’s or Acting AG’s signature. Ashcroft was post-op, under drugs and in considerable pain. When he was in hospital, he was no longer acting as AG, Comey was and the White House and its Counsel knew it.

    Comey had already indicated he would not sign the renewal, the “bridge” Fredo’s handlers needed until Ashcroft “was better” and could be persuaded to override Comey’s recommendation not to renew until fundamental changes were made in whatever program(s) the renewal pertained to.

    I wonder what Fredo would have done had Mrs. Ashcroft and Comey not been there? Am I sure Fredo wouldn’t have moved the pen in Ashcroft’s hand or signed it physically on Ashcroft’s “instructions”? As Jeb Bush would say in blindly “wondering” whether the conservative Democrat Barack Obama is a “socialist”, the jury’s out, not in.

    • emptywheel says:

      BC he needed to convince the IG that AGAG did not “intentionally” mislead Congress about disagreements about the report.

      He succeeded, so it was worth something.

      • MrWhy says:

        I disagree. The IGs note the disagreement between Gonzo and Dem members of the Go8 w.r.t. the March 10, 2004 briefing.

      • bmaz says:

        He also put himself in line for worse problems if there ever really is a criminal proceeding. I would not have done it.

  3. EvilParallelUniverse says:

    Absolutely OT

    bmaz – Though I like being part of the Urban Dictionary, I’ve always preferred Rayne’s defintion:

    Acronym for “Evil Parallel Universe”, name of a long-time, popular commenter at FireDogLake; acronym “EPU’d” used to describe condition in which a commenter posts at the end of a comment thread as a new thread begins, often without realizing the new thread has started. Evil Parallel Universe often EPU’d himself because his comments were thoughtful and dense in content; by the time he’d completed and submitted his comment in response to a comment mid-thread, he would wind up at the end of a thread with many users having moved on to the new thread.

    http://rayne-today.blogspot.co…..chive.html

    Though of course I would amend “…his comments were thoughtful and dense in content;” to “…his comments were thoughtful and omniscient and dense….”

    PS – Bustednuckles: Judas Priest does suck, other than Parental Guidance.

    • bobschacht says:

      Acronym for “Evil Parallel Universe”, name of a long-time, popular commenter at FireDogLake; acronym “EPU’d” used to describe condition in which a commenter posts at the end of a comment thread as a new thread begins, often without realizing the new thread has started. Evil Parallel Universe often EPU’d himself because his comments were thoughtful and dense in content; by the time he’d completed and submitted his comment in response to a comment mid-thread, he would wind up at the end of a thread with many users having moved on to the new thread.

      http://rayne-today.blogspot.co…..chive.html

      As one who, living in Hawaii, has often been EPU’d, I identify thoroughly with this definition. While I was a working stiff, I often had no chance to read up on a post and the comments of a thread until most mainlanders were off on other threads or were in ZZZZZZZZZZZZZZZZZZ-land. Often I was in the pitiable position of either ignoring a really interesting post and comments from earlier in the day, or prowling the lonely and silent halls of the thread by myself. Now that I’ve retired, however, I hope to keep au courant.

      Bob in HI

  4. bobschacht says:

    This “hospital visit” is really turning into the signature event of the Bush administration. On so many levels, symbolically, tactically, strategically…

    BTW, is the “Presidential Surveillance Program” revealed in the IG report in itself news? I don’t recall hearing much about it before. A google search turns up nothing under that exact title, but half a dozen articles hinting at it. It is about time that a bright spotlight gets turned on it.

    Bob in HI

    • Civlibertarian says:

      This “hospital visit” is really turning into the signature event of the Bush administration. On so many levels, symbolically, tactically, strategically…

      Well said. I was impressed that more than two full pages of the report are used to describe in detail the events at the hospital. While the description of the hospital visit is found on pp. 24-26, anyone unfamiliar with the incident should start reading at p. 21 (D. Conflict between DOJ and the White House) to understand the full significance of the hospital visit’s attempted end run around acting AG Comey.

      To continue the credit card issue from last thread, further sourcing from Wired’s Threat Level blog, NSA Whistleblower: Grill the CEOs on Illegal Spying, Kim Zetter, January 26, 2009:

      Former National Security Agency analyst Russell Tice shed new light on the Bush administration’s warrantless domestic spying last week when he told MSNBC that the NSA blended credit card transaction records with wiretap data to keep tabs on thousands of Americans.

  5. bmaz says:

    And may I just say that it sure looks like Texas Tech picked a bad week to quit sniffing glue er hire a new adjunct.

  6. readerOfTeaLeaves says:

    From Gellman’s ‘Angler’, pp. 162 – 165 (hardcover):

    … Nov 13, 2001 Cheney joins Bush for lunch, bringing a 4 page text written by Addington that claims foreign terrorists have no access to any civilian or military court, foreign or domestic. (Addington’s text discarded six decades of laws and treaties, reaching back to 1949, including the Uniform Code of Military Justice. But Addington needed backup from DoJ, so he turned to Yoo and Philbin (who wrote that the Preznit did not need approval from Congress or the Courts, and that international treaties did not apply.

    p. 164: “Atty Gen John Ashcroft got wind of the proposal. It gave exclusive authority to the Pentagon [read: Cambone, OSP, Feith] to decide which alleged terrorists to try in military commissions. Over Veteran’s Day weekend, on November 10 [2001], Ashcroft took his objections to the WH.

    The AG found Cheney and Addington, not the President, at the broad conference table in the Roosevelt Room. Ashcroft minced no words.

    He was the president’s senior law enforcement officer. He supervised the FBI. He oversaw terrorism investigations and prosecutions nationwide. There was no way he was going to hand over suspects to tribunals over which he had no say.

    “We’ve already spoken to your OLC,” Cheney replied. “They recommend otherwise.”

    Who? Ashcroft demanded.
    John Yoo.
    The AG turned red. Raising his voice, Ashcroft talked right over Addington – no mean feat – and brushed aside interjections from Cheney. “The thing I remember about it is how rude, there’s no other word for it, the AG was to the VP,” said one of those in the room. Asked later about the confrontation, Ashcroft replied curtly, “I’m just not prepared to comment on that.”

    —————————————

    Life is strange. I don’t agree with John Ashcroft’s political views, but I’ve come to respect him. And his wife sounds terrific.

    • Petrocelli says:

      How much detail of that meeting did Ashcroft relay to Mrs. Ashcroft, Robert Mueller and Jim Comey, before his Operation … ‘twould explain their sense of urgency in not leaving him alone with Abu & Card the Hounds.

      • readerOfTeaLeaves says:

        Well, note that Gellman’s reporting about an episode that occurred in Nov 2001 (!). Yet the hospital episode was over 3 years later (March 2004).

        So yeah, Peggy may not have known the specifics, and the state of their marriage is certainly none of my business but she must at least have seen that her spouse was unhappy. So there was plenty of time for Comey and Mueller to hear about the episode, particularly since both of them **needed** to know about it.

        Man, I’d love to be a fly on the wall and know what those guys really think of David Addington and John Yoo… to say nothing of Cheney and Bush. Heh ;-))

  7. esseff44 says:

    I am still not clear how much of the Other Intelligence Activities were transitioned into the 2008 FISA law. This reports seems to indicate that broader spying powers exist now under the statute than Bush had under his powers approved by Yoo’s memos. Do we know if any programs were halted as a result of the Comey/Mueller rebellion? Or were their objections merely that it was violating FISA as it was and now, under the new FISA, those programs are meeting the FISA standards?

  8. esseff44 says:

    Man, I’d love to be a fly on the wall and know what those guys really think of David Addington and John Yoo… to say nothing of Cheney and Bush. Heh ;-))

    I hope we get to find out. Isn’t about time for some of these guys to start with competing tell all books pointing out how it’s the other guy’s fault? It looks like some real big poo is headed for the turboprops.

  9. Hmmm says:

    Somehow the prospect of blamewars and mutual reflexive fingerpointing does nothing to improve my mood. Where are the Grand Juries? Where are the indictments? Where are the trials? Where are the convictions?