R
Roger
Guest
F.B.I. Chief Gives Account at Odds With Gonzales's
By DAVID JOHNSTON and SCOTT SHANE
July 27, 2007
WASHINGTON, July 26 - The director of the F.B.I. offered testimony Thursday
that sharply conflicted with Attorney General Alberto R. Gonzales's sworn
statements about a 2004 confrontation in which top Justice Department
officials threatened to resign over a secret intelligence operation.
The director, Robert S. Mueller III, told the House Judiciary Committee that
the confrontation was about the National Security Agency's counterterrorist
eavesdropping program, describing it as "an N.S.A. program that has been
much discussed." His testimony was a serious blow to Mr. Gonzales, who
insisted at a Senate hearing on Tuesday that there were no disagreements
inside the Bush administration about the program at the time of those
discussions or at any other time.
The director's remarks were especially significant because Mr. Mueller is
the Justice Department's chief law enforcement official. He also played a
crucial role in the 2004 dispute over the program, intervening with
President Bush to help deal with the threat of mass resignations that grew
out of a day of emergency meetings at the White House and at the hospital
bedside of John Ashcroft, who was then attorney general.
In a separate development, Senate Democrats, who were unaware of Mr. Mueller's
comments, demanded the appointment of a special counsel to investigate
whether Mr. Gonzales committed perjury in his testimony on Tuesday about the
intelligence dispute. The Senate Judiciary Committee, meanwhile, issued a
subpoena to Karl Rove, the White House senior political adviser, and another
presidential aide, J. Scott Jennings, for testimony about the dismissal of
federal prosecutors, another issue that has dogged Mr. Gonzales.
White House officials said the Democrats had engaged in political
gamesmanship.
"What we are witnessing is an out-of-control Congress which spends time
calling for special prosecutors, starting investigations, issuing subpoenas
and generally just trying to settle scores," said Scott M. Stanzel, a White
House spokesman. "All the while they fail to pass appropriations bills and
important issues like immigration reform, energy and other problems go
unanswered."
The conflict underscored how Mr. Gonzales's troubles have expanded beyond
accusations of improper political influence in the dismissal of United
States attorneys to the handling of the eavesdropping program, in which Mr.
Gonzales was significantly involved in his previous post as White House
counsel.
"I had an understanding that the discussion was on a N.S.A. program," Mr.
Mueller said in answer to a question from Representative Sheila Jackson Lee,
Democrat of Texas, in a hearing before the House Judiciary Committee.
Asked whether he was referring to the Terrorist Surveillance Program, or
T.S.P., he replied, "The discussion was on a national N.S.A. program that
has been much discussed, yes."
Mr. Mueller said he had taken notes of some of his conversations about the
issue, and after the hearing the committee asked him to produce them.
An F.B.I. spokesman declined Thursday night to elaborate on Mr. Mueller's
testimony.
In a four-hour appearance before the Senate Judiciary Committee on Tuesday,
Mr. Gonzales denied that the dispute arose over the Terrorist Surveillance
Program, whose existence was confirmed by President Bush in December 2005
after it had been disclosed by The New York Times. Mr. Gonzales said it
centered on "other intelligence activities."
Brian Roehrkasse, a spokesman for the Justice Department, said Thursday
night that Mr. Gonzales had testified truthfully, saying "confusion is
inevitable when complicated classified activities are discussed in a public
forum where the greatest care must be used not to compromise sensitive
intelligence operations."
The spokesman said that when Mr. Gonzales had said there had been no
controversy about the eavesdropping operation, he was referring only to the
program to intercept international communications that Mr. Bush publicly
confirmed.
"The disagreement that occurred in March 2004 concerned the legal basis for
intelligence activities that have not been publicly disclosed and that
remain highly classified," Mr. Roehrkasse said.
The four senators seeking an inquiry into Mr. Gonzales's testimony sent a
letter to the Justice Department saying "it is apparent that the attorney
general has provided at a minimum half-truths and misleading statements."
The senators asked for the appointment of a special counsel. While the
Justice Department is not obliged to act on their request, the letter
reflected the chasm of distrust that has opened between lawmakers on the
Judiciary Committee and Mr. Gonzales.
The senators who signed the letter were Russell D. Feingold of Wisconsin,
Dianne Feinstein of California, Charles E. Schumer of New York and Sheldon
Whitehouse of Rhode Island. Ms. Feinstein, Mr. Feingold and Mr. Whitehouse
are members of the Intelligence Committee and have been briefed on the
intelligence programs at issue.
The senators' letter was sent to Paul D. Clement, the solicitor general,
because Mr. Gonzales is recused from investigations of his own conduct. In
addition to his statements to Congress about the intelligence controversy,
the letter raised the possibility that Mr. Gonzales had lied about the
prosecutor firings.
In what amounted to a warning to the attorney general, Senator Patrick J.
Leahy, Democrat of Vermont and chairman of the Judiciary Committee, sent Mr.
Gonzales the transcript of Tuesday's hearing, asking him to "mark any
changes you wish to make to correct, clarify or supplement your answers so
that, consistent with your oath, they are the whole truth."
Similar requests are routinely sent to witnesses after hearings, but Mr.
Leahy's pointed language underscored his view of the seriousness of the
dispute over Mr. Gonzales's veracity.
Still, neither Mr. Leahy nor Senator Arlen Specter of Pennsylvania, the
committee's top Republican and a tough critic of Mr. Gonzales, joined in the
call for a perjury investigation.
"I don't think you rush off precipitously and ask for appointment of special
counsel to run that kind of an investigation," Mr. Specter said.
Doubts about Mr. Gonzales's version of events in March 2004 grew after James
B. Comey, the former deputy attorney general, testified in May that he and
other Justice Department officials were prepared to resign over legal
objections to an intelligence program that appeared to be the N.S.A.
program.
Mr. Gonzales's testimony Tuesday was his first since Mr. Comey's account
drew national attention. He stuck to his account, repeatedly saying that the
dispute involved a different intelligence activity.
Mr. Gonzales described an emergency meeting with Congressional leaders at
the White House on March 10, 2004, to discuss the dispute. That evening, he
and the White House chief of staff, Andrew H. Card Jr., went to the hospital
bedside of Mr. Ashcroft in an unsuccessful effort to get his reauthorization
for the secret program.
Lawmakers present at the afternoon meeting have given various accounts, but
several have said that only one program, the Terrorist Surveillance Program,
was discussed.
In addition, in testimony last year, Gen. Michael V. Hayden, who was the
N.S.A. director when the program started and now heads the Central
Intelligence Agency, said the March 2004 meeting involved the Terrorist
Surveillance Program.
http://www.nytimes.com/2007/07/27/washington/27gonzales.html
By DAVID JOHNSTON and SCOTT SHANE
July 27, 2007
WASHINGTON, July 26 - The director of the F.B.I. offered testimony Thursday
that sharply conflicted with Attorney General Alberto R. Gonzales's sworn
statements about a 2004 confrontation in which top Justice Department
officials threatened to resign over a secret intelligence operation.
The director, Robert S. Mueller III, told the House Judiciary Committee that
the confrontation was about the National Security Agency's counterterrorist
eavesdropping program, describing it as "an N.S.A. program that has been
much discussed." His testimony was a serious blow to Mr. Gonzales, who
insisted at a Senate hearing on Tuesday that there were no disagreements
inside the Bush administration about the program at the time of those
discussions or at any other time.
The director's remarks were especially significant because Mr. Mueller is
the Justice Department's chief law enforcement official. He also played a
crucial role in the 2004 dispute over the program, intervening with
President Bush to help deal with the threat of mass resignations that grew
out of a day of emergency meetings at the White House and at the hospital
bedside of John Ashcroft, who was then attorney general.
In a separate development, Senate Democrats, who were unaware of Mr. Mueller's
comments, demanded the appointment of a special counsel to investigate
whether Mr. Gonzales committed perjury in his testimony on Tuesday about the
intelligence dispute. The Senate Judiciary Committee, meanwhile, issued a
subpoena to Karl Rove, the White House senior political adviser, and another
presidential aide, J. Scott Jennings, for testimony about the dismissal of
federal prosecutors, another issue that has dogged Mr. Gonzales.
White House officials said the Democrats had engaged in political
gamesmanship.
"What we are witnessing is an out-of-control Congress which spends time
calling for special prosecutors, starting investigations, issuing subpoenas
and generally just trying to settle scores," said Scott M. Stanzel, a White
House spokesman. "All the while they fail to pass appropriations bills and
important issues like immigration reform, energy and other problems go
unanswered."
The conflict underscored how Mr. Gonzales's troubles have expanded beyond
accusations of improper political influence in the dismissal of United
States attorneys to the handling of the eavesdropping program, in which Mr.
Gonzales was significantly involved in his previous post as White House
counsel.
"I had an understanding that the discussion was on a N.S.A. program," Mr.
Mueller said in answer to a question from Representative Sheila Jackson Lee,
Democrat of Texas, in a hearing before the House Judiciary Committee.
Asked whether he was referring to the Terrorist Surveillance Program, or
T.S.P., he replied, "The discussion was on a national N.S.A. program that
has been much discussed, yes."
Mr. Mueller said he had taken notes of some of his conversations about the
issue, and after the hearing the committee asked him to produce them.
An F.B.I. spokesman declined Thursday night to elaborate on Mr. Mueller's
testimony.
In a four-hour appearance before the Senate Judiciary Committee on Tuesday,
Mr. Gonzales denied that the dispute arose over the Terrorist Surveillance
Program, whose existence was confirmed by President Bush in December 2005
after it had been disclosed by The New York Times. Mr. Gonzales said it
centered on "other intelligence activities."
Brian Roehrkasse, a spokesman for the Justice Department, said Thursday
night that Mr. Gonzales had testified truthfully, saying "confusion is
inevitable when complicated classified activities are discussed in a public
forum where the greatest care must be used not to compromise sensitive
intelligence operations."
The spokesman said that when Mr. Gonzales had said there had been no
controversy about the eavesdropping operation, he was referring only to the
program to intercept international communications that Mr. Bush publicly
confirmed.
"The disagreement that occurred in March 2004 concerned the legal basis for
intelligence activities that have not been publicly disclosed and that
remain highly classified," Mr. Roehrkasse said.
The four senators seeking an inquiry into Mr. Gonzales's testimony sent a
letter to the Justice Department saying "it is apparent that the attorney
general has provided at a minimum half-truths and misleading statements."
The senators asked for the appointment of a special counsel. While the
Justice Department is not obliged to act on their request, the letter
reflected the chasm of distrust that has opened between lawmakers on the
Judiciary Committee and Mr. Gonzales.
The senators who signed the letter were Russell D. Feingold of Wisconsin,
Dianne Feinstein of California, Charles E. Schumer of New York and Sheldon
Whitehouse of Rhode Island. Ms. Feinstein, Mr. Feingold and Mr. Whitehouse
are members of the Intelligence Committee and have been briefed on the
intelligence programs at issue.
The senators' letter was sent to Paul D. Clement, the solicitor general,
because Mr. Gonzales is recused from investigations of his own conduct. In
addition to his statements to Congress about the intelligence controversy,
the letter raised the possibility that Mr. Gonzales had lied about the
prosecutor firings.
In what amounted to a warning to the attorney general, Senator Patrick J.
Leahy, Democrat of Vermont and chairman of the Judiciary Committee, sent Mr.
Gonzales the transcript of Tuesday's hearing, asking him to "mark any
changes you wish to make to correct, clarify or supplement your answers so
that, consistent with your oath, they are the whole truth."
Similar requests are routinely sent to witnesses after hearings, but Mr.
Leahy's pointed language underscored his view of the seriousness of the
dispute over Mr. Gonzales's veracity.
Still, neither Mr. Leahy nor Senator Arlen Specter of Pennsylvania, the
committee's top Republican and a tough critic of Mr. Gonzales, joined in the
call for a perjury investigation.
"I don't think you rush off precipitously and ask for appointment of special
counsel to run that kind of an investigation," Mr. Specter said.
Doubts about Mr. Gonzales's version of events in March 2004 grew after James
B. Comey, the former deputy attorney general, testified in May that he and
other Justice Department officials were prepared to resign over legal
objections to an intelligence program that appeared to be the N.S.A.
program.
Mr. Gonzales's testimony Tuesday was his first since Mr. Comey's account
drew national attention. He stuck to his account, repeatedly saying that the
dispute involved a different intelligence activity.
Mr. Gonzales described an emergency meeting with Congressional leaders at
the White House on March 10, 2004, to discuss the dispute. That evening, he
and the White House chief of staff, Andrew H. Card Jr., went to the hospital
bedside of Mr. Ashcroft in an unsuccessful effort to get his reauthorization
for the secret program.
Lawmakers present at the afternoon meeting have given various accounts, but
several have said that only one program, the Terrorist Surveillance Program,
was discussed.
In addition, in testimony last year, Gen. Michael V. Hayden, who was the
N.S.A. director when the program started and now heads the Central
Intelligence Agency, said the March 2004 meeting involved the Terrorist
Surveillance Program.
http://www.nytimes.com/2007/07/27/washington/27gonzales.html