Comey single-handedly reignites White House scandal

Former Deputy Attorney General James Comey’s testimony to the Senate Judiciary Committee this week seems to have sent a shockwave through much of the political world, renewing interest in a scandal that was never resolved. All of a sudden, questions that were unanswered months ago are being asked again, and thanks to Comey’s dramatic insights, new questions have arisen alongside the old.

“We’re doing what?”

That’s a quotation from the original Risen & Lichtblau New York Times article that broke the unlawful wiretapping story., attributed to “a senior government official [who] recalled that he was taken aback when he first learned of the operation.”

What, indeed, was the nature of the “program” before Goldsmith, Comey and Ashcroft — those notorious civil libertarian extremists — called a halt to it, and threatened to resign if the President continued to break the law? And what was the nature and breadth of its legal justification?

Some of these details are slowly coming together. A Paul Kiel piece, in combination with an NYT story today, is filling in some of the blanks.

In March 2004, when Comey refused to reauthorize the administration’s domestic surveillance program, the operation had already been in place for more than two years. If then-AG John Ashcroft agreed that the surveillance exceeded the law, why did it culminate in a showdown at that point?

Apparently because it was then that the Justice Department had completed a comprehensive review of the program. Ashcroft has been signing off on the initiative for two years without fully appreciating what it entailed. Comey and former Assistant Attorney General Jack Goldsmith started asking questions, and conducting a thorough review, upon getting hired in 2003. As the Muckraker piece noted, it was the first time “trained and qualified attorneys within the Justice Department had conducted a careful review of the program.”

Comey and Goldsmith concluded that the surveillance exceeded the law, and shared their findings with Ashcroft, who agreed that the program could no longer be reauthorized. This, of course, led to the showdown in Ashcroft’s hospital room, and the White House reauthorizing its own surveillance program over the objections of the Justice Department.

So what stopped Comey & Co. from resigning en masse? The White House tweaked the program, adding requirements to protect against abuses, though the Bush gang continued to utilize the surveillance for weeks. (Apparently, to make the DoJ happy, the White House added some minimal safeguards to protect against abuses, two years after the program went into operation. It naturally leads one to wonder how bad the program was before these modest changes were made.)

And why are we learning about this now? Because Alberto Gonzales orchestrated a cover-up.

Why is it only now that the disturbing story of the Bush administration’s willingness to override the legal advice of its own Justice Department is emerging? The chief reason is that the administration, in the person of Attorney General Alberto R. Gonzales, stonewalled congressional inquiries and did its best to ensure that the shameful episode never came to light. […]

Consider: Mr. Gonzales, as the president’s lawyer, went to the hospital room of a man so ill he had temporarily relinquished his authority. There, Mr. Gonzales tried to persuade Mr. Ashcroft to override the views of the attorney general’s own legal counsel. When the attorney general refused, Mr. Gonzales apparently took part in a plan to go forward with a program that the Justice Department had refused to certify as legal.

Then, when part of the story became public, Mr. Gonzales resorted to word-parsing. “[W]ith respect to what the president has confirmed, I believe — I do not believe that these DOJ officials that you’re identifying had concerns about this program,” he said. Mr. Gonzales’s lack of candor is no longer surprising.

Of course not. The Post op-ed page has defended the Bush administration against all kinds of charges, but now, even Hiatt & Co. seem to understand the scope of the dishonesty from the Bush White House.

As usual, Glenn Greenwald summarizes the big picture, just as he has for years, capturing the seriousness of the scandal.

There is just no excuse left for allowing the administration to keep this behavior concealed from the country. What James Comey described on Tuesday is the behavior of a government completely unmoored from any constraints of law, operating only by the rules of thuggery, intimidation, and pure lawlessness. Even for the most establishment-defending organs, there are now indisputably clear facts suggesting that the scope and breadth and brazenness of the lawbreaking here is far beyond even what was known previously, and it occurred at the highest levels of the Bush administration.

We are so plainly beyond the point of no return with this criminality. It is now inescapably evident even for those who struggled for so long to avoid acknowledging it. Here is one of the most establishment-friendly voices of the Bush administration proclaiming the Attorney General of the United States to be a chronic liar and accusing the Bush administration — as part of events in which the President was deeply and personally involved — of engaging in deliberate cover-up of blatant lawbreaking. […]

James Comey’s testimony amounts to a statement that — even according to the administration’s own loyal DOJ officials — the President ordered still-unknown spying on Americans, and engaged in that spying for a full two-and-a-half-years, that was so blatantly and shockingly illegal that they were all ready to resign over it. And the President’s Attorney General then lied to ensure that this episode remain concealed. Mere one-day calls for a Congressional investigation are woefully inadequate here.

There is clear and definitive evidence of deliberate lawbreaking. In addition to Congressional investigations, there is simply no excuse for anything other than the immediate commencement of a criminal investigation by a Special Prosecutor. And the administration ought to be pressured every day to account for what it did here. This is not a one-day or one-week fleeting scandal. These revelations amount to the most transparent and deliberate crimes — felonies — by our top government officials, not with regard to private and personal matters but with regard to how our government spies on us.

Glenn concludes, “What now?” I wish I knew.

And Pat Leahy still hasn’t demanded Gonzales’ resignation.

WTF?

  • They don’t want anyone to know about this because they were not protecting the public from threats, they were protecting their jobs and their power. This is so despicable, and the poop hit the fan during an election year. Anyone here think they may have been using the extraordinary power of the DOJ to spy on their political opponents? It would sure explain a lot, especially about the firing of Dan Rather. They were on that story so fast, I think they had a pretty good heads up for someplace.

  • I’m inclined to agree with Gracious.

    I think that if it was really about terrorism, the laws in place seem to be more than enough to do the job.

    Remember the strange case of the Philly mayor (D) being bugged by the FBI? Or how Wolfie claims to have gotten dirt on the WB committees?

  • Given what we know about the our ganster administration, what makes people think they followed their ‘tweaks’? They’ve shown again and again that they will break the law. Money’s on that they did just that.

  • The MSM may be slow, but the story is bubbling upward. It was one of the ledes on NBC’s Today program this morning. Will it catch fire? (I hope.)

    Here’s a question: Why can’t any of these “Bush stories” boil over? Is all of the media poodles like Tony Blair?

  • Changes were made to satisfy Ashcroft,Comey, and Goldschmit. Neither Ashcroft , Comey , Goldschmit is still at justice, but Gonzales now is. Has the program reverted to its prior form?

  • I wonder how many stories we haven’t heard about because the reporters or politicians involved had some dirt of their own that the Bushies found out about using their spy network?

    Or if the dirt they unearthed with it will be used somehow to steer the investigation even now?

    Special prosecutor time. And time to revisit the FISA laws, with serious penalties added for future criminals to worry about.

  • These revelations amount to the most transparent and deliberate crimes — felonies — by our top government officials, not with regard to private and personal matters but with regard to how our government spies on us.

    There are enough lawyers in Congress – both houses, both sides of the aisle – that even in a profession with a larger number of assholes than one finds in the general population, this is going to be “too much” for them. I predict this is going to be the Bushies’ “Al Capone” moment (when he was indicted and convicted of income tax evasion).

    There will be a Special Prosecutor once this percolates out into the general population so they understand it. For once, I am optimistic.

  • I’m amazed that I can continue to be shocked on a daily basis at how illegal this administration is/ has been/ continues to be. And I though I was jaded enough to be numb to all the wrongdoing years ago. To hell with impeachment, the next chair these guys should be sitting in should be called Old Sparky.

  • “There will be a Special Prosecutor once this percolates out into the general population so they understand it. For once, I am optimistic.”

    i sure hope you’re right, tom cleaver.

  • It’s ironic that these guys could make the Sopranos look like a decent bunch of suburban dads. I swear, even Tony and the gang would run Wshington with more honour.

  • And Pat Leahy still hasn’t demanded Gonzales’ resignation. — Racerx #1.

    Once he resigns he becomes irrelevant, and can slink away into anonymity. Isn’t it better that he stays where he is till the whole unseemly mess is fully exposed, criminal investigations instigated and indictment dished around liberally? That way he can hardly escape, and the penalties for him will be that much tougher.

    Or is my analysis wrong?

    Having Gonzales replaced as AG is not going to heal DoJ. It would be a symbolic gesture at best, and an escape route at worst.

  • Gonzales has never been an AG but has remained Bush’s private WH counsel promoting Bush’s agenda and that of Rove. He has prevented the DoJ from doing any investigation not in Bush’s best interests or his corporate buddies. The danger here is that when the executive branch and the judicial branch team up, they virtually render the legislative branch powerless as the legislative branch has no officers to enforce their rulings. The first two branches control the troops, the guard, the FBI, the police…who is left? Who could even enforce subpoenas? Scary thought with almost all our troops out of the country and Blackwater under Cheney control. Really, what could congress do if this administration just says (quoting Cheney) ” Go f*#k yourself”.

  • Wanted to say that number one rule to power is control the press and I believe that because of the wireless wiretapping and other spying abuses that this administration got something horrible on nearly everyone in the press and so they have been complacent in their reporting. A conspiracy theory that doesn’t seem so far fetched in light of what we are finding out about this administration. No one in the press could admit to it without exposing their secrets, but it certainly seems odd at how much under-reporting has gone on the past 4yrs….just saying

  • To call that a Paul Kiel piece does great violence to the facts. It is almost entirely a contribution by an anonymous TPM reader.

  • Can someone smarter than I am find out what the status is on “Special Prosecutors’ ? Some people keep referring to it, I thought that Fitzgerald was the last one, that there won’t be any more, that for some reason that statute (or whatever it is called) is not longer in effect. Due to the Ken Starr fiasco

    Wouldn’t want a left wing wacko like the right wing Ken Starr going after Republicans.. hence the Republicans work on getting rid of the Special Prosecutor stuff.

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