WASHINGTON, May 16, 2007

Gonzales Pushed Ailing Ashcroft On Spying

Ex-Official Says Gonzales Pressured Ashcroft In Hospital To Reauthorize Wiretapping

  • U.S. Attorney General Alberto Gonzales, left, and his predecessor, John Ashcroft.

    U.S. Attorney General Alberto Gonzales, left, and his predecessor, John Ashcroft.  (AP)

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(CBS/AP)  A top Justice Department official thought President Bush's no-warrant wiretapping program was so questionable that he refused for a time to reauthorize it, leading to a standoff with White House officials at the bedside of the ailing attorney general, a Senate panel was told Tuesday.

Former Deputy Attorney General James Comey told the Senate Judiciary Committee that he refused to recertify the program because Attorney General John Ashcroft had reservations about its legality just before falling ill with pancreatitis in March 2004.

The White House, Comey said, recertified the program without the Justice Department's signoff, allowing it to operate for about three weeks without concurrence on whether it was legal. Comey, Ashcroft, FBI Director Robert Mueller and other Justice Department officials at one point considered resigning, Comey said.

"I couldn't stay, if the administration was going to engage in conduct that the Department of Justice had said had no legal basis," Comey told the panel.

A day after the March 10, 2004, incident at Ashcroft's hospital bedside, President Bush ordered changes to the program to accommodate the department's concerns. Ashcroft signed the presidential order to recertify the program about three weeks later.

The dramatic hospital confrontation involved Comey, the acting attorney general during Ashcroft's absence, and a White House team that included Bush's then-counsel, Alberto Gonzales, and White House Chief of Staff Andy Card, Comey said. Gonzales later succeeded Ashcroft as attorney general.

Comey said after one of Ashcroft's top aides told him about the pending visit, he rushed to the hospital with emergency lights flashing and a siren blaring, to intercept Gonzales and Card, the New York Times reported.

Comey said he called Mueller, who agreed to meet him at the hospital. Comey said he "literally ran up the stairs" once he arrived. Mueller then ordered FBI agents guarding Ashcroft not to make Comey leave the room if Gonzales and Card asked for his removal, the Times reported.

Senior government officials had expressed concerns about whether the National Security Agency, which administered the warrantless eavesdropping program, had the proper oversight in place. Other concerns included whether any president possessed the legal and constitutional authority to authorize the program as it operated at the time.

Comey testified Tuesday that when he refused to certify the program, Gonzales and Card headed to Ashcroft's sick bed in the intensive care unit at George Washington University Hospital.

When Gonzales appealed to Ashcroft, the ailing attorney general lifted his head off the pillow and in straightforward terms described his views of the program, Comey said. Then he pointed out that Comey, not Ashcroft, held the powers of the attorney general at that moment.

Gonzales and Card then left the hospital room, Comey said.

"I was angry," Comey told the panel. "I thought I had just witnessed an effort to take advantage of a very sick man who did not have the powers of the attorney general."

Continued



© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 106 Comments
by mschwilk May 18, 2007 9:23 PM EDT
I wonder of CBS News, under current management, would have reported Nixon's Saturday Night Massacre. Kinda doubt it.
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by mschwilk May 18, 2007 8:53 PM EDT
I wonder of CBS News, under current management, would have reported Nixon's Saturday Night Massacre. Kinda doubt it.
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by annabanana-1 May 18, 2007 7:05 PM EDT
This is the ONLY place I've seen where CBS even mentions this astonishing story. Thanks to streaming video, I was able to watch Comey's testimony and I was astounded. It sounds like a scene from The Godfather. This administration is a Crime Syndicate! Gonzales is no more and no less than a Bush Family consiglieri.

Do you suppose that Republicans are EVER going to get tired of being the party of thugs and goons?
Reply to this comment
by fraud_guy May 18, 2007 1:28 AM EDT
Calls for Gonzales resignation have waned?

No, not really. I believe they have increased (at least outside of the main media reports.
Reply to this comment
by beanerman4 May 17, 2007 7:07 PM EDT
"I guarantee, before Bush leaves office, he and his cronies will set up a plan to EXTEND the presidency because it is "a time of war"..." Posted by CANYOUTELLME at 05:25 PM : May 16, 2007

Oh my gosh! Why would you say that? I can see the corrupted wheels turning already on this idea.

1.20.09 or sooner please.
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by starleo146 May 17, 2007 3:11 PM EDT
Boy these guys are something got all there men into the supreme court they got gonzo as attorney general wanted harriet miers into the supreme court couldn't get it done then get the wiretapping done and spywatch program then get the clause that the judiciary committee will not have to confirm any new attys then fire 8 attys. and put your guy in there what is it here that smells like a skunk and if it smells like a skunk it is a skunk . Tell me if I missed anything it is getting hard to keep up with Rove ,Meirs, Gonzo, Cheney, condi. IMPEACH I SAY.
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by starleo146 May 17, 2007 2:55 PM EDT
TBWEB THE HOUSE OF CARDS RIGHT we are getting closer and closer and if we would just IMPEACH this nightmare will be over living with this illegal administration is a nightmare you are right it is hard to keep up.
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by starleo146 May 17, 2007 2:43 PM EDT
o.k.we need someone to go back and find out about AShcroft's reason for leaving I bet he was forced out He didn't die did he? I really commend Comey for coming out with this information and the Media is so busy giving information about all our positions in Iraq and what the Generals have to say to help the Insurgents they don't have time to investigate Gonzales and test his lies. I saw this testimony and could not believe what I heard I thought it would be all over the media just today it comes out almost a week later and I bet the Judiciary committee was wondering why after this testimony no media unbelievable watch this media folks I believe they will use it for this election all I see is republican coverage .
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by shingles1 May 17, 2007 4:40 AM EDT
"What? They didn't mention the part where Gonzales was holding a pillow over Ashcroft's head?
Posted by incog-nito"

I was just about to type that. Great minds, I guess.

Whatever wire-tapping program it was that Gonzo was trying to get authorized by a comatose Ashcroft must have been really really bad and really really illegal if Ashcroft, both half dazed and about as conservative as they come, wouldn't sign off on it.
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by tbweb May 17, 2007 3:04 AM EDT
Even if you happen to be one of those die hard loyal patriotic Americans who blindly supports the U.S. President no matter what they do, you still have to admit President Bush does not have the "Midas Touch" and not even close to having anything resembling a "Midas Touch", everything President Bush touches does not turn to Gold.
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by lorinkundert May 17, 2007 2:33 AM EDT
Sounds like a clear cut conspiracy, That would qualify them for being charged under the RICO act if not treason.
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by incog-nito May 17, 2007 2:15 AM EDT
What? They didn't mention the part where Gonzales was holding a pillow over Ashcroft's head?
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by kansas1946 May 17, 2007 1:46 AM EDT
I think I might owe John Ashcroft an apology. I thought it was him who was the fascists, but now it seems it was none other that Bush and Gonzales, the lowest forms of American life. God, will this administration EVER be over. Remember when the plague took over in Europe and set off the dark ages. I think when historians look back, 2000 to 20008 will be considered the dark ages of the United States.
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by victoriarum May 17, 2007 1:39 AM EDT
I have always heard that politics is a dirty game, of course, it shouldn't be a game. But, I guess when ethics is pushed all the way back to the aspect of the job it proves the quote.

Pray for Peace, God Bless.
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by imprisonbush May 17, 2007 12:04 AM EDT
Why has CBS already buried this story? this seems like a pretty important story. This non-placement makes you wonder about CBS's judgment or bias....
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by cozzicon May 16, 2007 11:52 PM EDT
" W. appears to be sleepwalking towards a place beside Nixon in the hall of shame."- Quote from yamuttya

Sleepwalking?

I'd say he, and his administration, have grabbed the golden ring multiple times for the "Exceeding Nixon Reward". In fact they have taken the world record for sprinting like banshees toward a finish line that will leave us ashamed, and leave a very interesting chapter in foreign history textbooks.

What's even more interesting is tha carping I see on these blogs about the "left". For pete's sake- at least half of the American public is left of center... if you consider someone like Al Gore on the "left"- he did get about 50% of the votes after all.

But the thing about this administration's attitude that is so dangerous is this: Somehow this administration and a good number of their supporters do not care that the other half of the country doesn't agree and has an outlook not based in conservative Christianity.

That appears to me to be the problem. And those who still think highly of this administration do so from a standpoint of actually believing that they are so "correct" that others must pay with the sacrifice of rights or disenfranchisement.

The government cannot serve just one view of reality- it has to serve all Americans. Period.

The sad part of it is that Nixon, for all his illegality, wasn't evil- he was wrong. There's a distinction here. That distinction should scare the heck out of people.
Reply to this comment
by torocaca May 16, 2007 11:09 PM EDT
Ashcroft is also the AG who NEVER convicted a radical islamist terrorist.

He did convict William Krar, of Noonday, Texas, for terrorist activities. You didn't hear about that because Krar didn't fit the profile of a radical islamist terrorist and Ashcroft kept it quit.
Reply to this comment
by torocaca May 16, 2007 11:06 PM EDT
"Anyone know where this story is now on CBS news? I had it bookmarked, but can no longer find it on the front page anywhere..." Posted by CANYOUTELLME at 05:20 PM : May 16, 2007

It's in the politics section. You can also find old stories by using CBS' search box.
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by pakaal May 16, 2007 11:02 PM EDT
With these new revelations, it seems that Ashcroft and Comey are the heroes in all of this, in taking on the Neocon cabal and fighting against what they knew to be an illegal act - warrentless wiretapping.

It always cracks me up when I find myself rooting for folks like Batiste, Ashcroft, Comey, Iglesias, etc. It reminds me that there are decent, honorable Republicans out there. Let's all of us, Republicans and Democrats, get together and dump these insane Neocons and get back to arguing about how much money to give to social programs and what kinds of tax breaks to give corporations, you know, the good old days.
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by lorinkundert May 16, 2007 8:54 PM EDT
It's amazing what lengths the Busch crime family went to in order to discredit John Ashcroft in order to make room for Gonzalez, if half the rumors are true about Haliburton and Internment Centers, I wonder how long it will be before they start filling them up.
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