Gonzales blocked probe — that would have implicated him

You know what Attorney General Alberto Gonzales really needs? Another scandal bringing his integrity and honesty into question. Oh wait, here’s one now. (thanks to S.W. for the tip)

Shortly before Attorney General Alberto Gonzales advised President Bush last year on whether to shut down a Justice Department inquiry regarding the administration’s warrantless domestic eavesdropping program, Gonzales learned that his own conduct would likely be a focus of the investigation, according to government records and interviews.

Bush personally intervened to sideline the Justice Department probe in April 2006 by taking the unusual step of denying investigators the security clearances necessary for their work.

It is unclear whether the president knew at the time of his decision that the Justice inquiry — to be conducted by the department’s internal ethics watchdog, the Office of Professional Responsibility — would almost certainly examine the conduct of his attorney general.

Readers may recall when this first occurred. The Justice Department’s ethics office had launched a preliminary probe of the department’s lawyers who approved the president’s warrantless-search program. All of a sudden, the head of the department’s Office of Professional Responsibility, H. Marshall Jarrett, explained that his staffers, all of whom had been subject to rigorous background checks, had been denied security clearances for access to information about the warrantless-search program. No clearance meant no investigation.

In July 2006, Gonzales acknowledged that Bush personally intervened to block the Justice Department investigation, but would not explain why. Senate Democrats howled and asked the Judiciary Committee to pursue the matter, but Senate Republicans, incurious bunch that they are, swept the whole thing under the rug.

Now, National Journal’s Murray Waas is filling in the blanks.

Sources familiar with the halted inquiry said that if the probe had been allowed to continue, it would have examined Gonzales’s role in authorizing the eavesdropping program while he was White House counsel, as well as his subsequent oversight of the program as attorney general.

Both the White House and Gonzales declined comment on two issues — whether Gonzales informed Bush that his own conduct was about to be scrutinized, and whether he urged the president to close down the investigation, which had been requested by Democratic members of Congress.

Current and former Justice Department officials, as well as experts in legal ethics, question the propriety of Gonzales’s continuing to advise Bush about the investigation after learning that it might examine his own actions. The attorney general, they say, was remiss if he did not disclose that information to the president. But if Gonzales did inform Bush about the possibility and the president responded by stymieing the probe, that would raise even more-serious questions as to whether Bush acted to protect Gonzales, they said.

President Bush’s shutting down of the Justice Department probe was disclosed in July. However, it has not been previously reported that investigators were about to question at least two crucial witnesses and examine documents that might have shed light on Gonzales’s role in authorizing and overseeing the eavesdropping program.

When one talks about obstructing justice, isn’t this a rather literal example?

Stephen Gillers, a law professor at the New York University School of Law and an expert on legal ethics issues, questioned Gonzales’s continued role in advising Bush in any capacity about the probe after he learned that his own conduct might be scrutinized: “If the attorney general was on notice that he was a person of interest to the OPR inquiry, he should have stepped aside and not been involved in any decisions about the scope or the continuation of the investigation.”

Robert Litt, a principal associate deputy attorney general during the Clinton administration, agreed. Gonzales “should have recused himself. He should not have played a role in an investigation that touches upon him.”

An even more serious issue, according to Gillers, Litt, and others is whether Gonzales informed Bush that the investigation was going to examine his actions. “Did the president know that Gonzales might have been shutting down the police force when it was looking into his own behavior?” Gillers asked.

Charles Wolfram, a professor emeritus of legal ethics at Cornell University Law School, said that if Gonzales did not inform the president, Gonzales ill-served Bush and abused “the discretion of his office” for his own benefit. However, if Gonzales did inform Bush that the probe might harm Gonzales, then “both [men] are abusing the discretion of their offices,” Wolfram said.

Hilzoy wrote today, “There comes a point at which someone is too badly damaged to continue to function. Alberto Gonzales has reached that point and left it in the dust.”

Wow, I finished reading the last post, went to the mocrowave to remove a bag of popcorn…

  • Sources familiar with the halted inquiry
    +
    Current and former Justice Department officials
    =
    The some folks at DOJ aren’t happy with the way that AG-AG and the rest of BushCo is running things.

  • It’s leading right up to Rove and Bush.
    And Darth Chaney is not only very very quiet, but is also an expert at power grabs, going way back to Nixon when he and Rumsfield practiced the art of inter-office maneuverings.
    Do the Demos have the guts to follow the trail, I wonder?

  • ***When one talks about obstructing justice, isn’t this a rather literal example?***

    Abu-so-Gonzo-li-lutely!

    Here, Gonzo. Take this gun. It’s a vintage Colt .45 Navy issue. the clip’s empty, and there’s a single round chambered. The safety is off.

    Your mission, Gonzo, is to “resign”—or be prosecuted.

    Choose now, Gonzo. You can be “loyal to your master to the end”—or you can take your lumps, and finally be loyal to America….

  • This is getting so obscene that it’s hard to know if anything is sacred to these people. I starting calling them thugs a few years ago and, lo and behold, they are thugs. What jerks! How can we survive the next twenty months?

    Maybe we should start a pool, and try to guess which scandal will finally bring down these people, except who is going to bring them down? I am not too impressed by the Dems so far.

  • Wow, an obstruction of justice scandal to cover up the other scandal of unconstitutionally eavesdropping on US citizens. Their scandals even have scandals! These guys are talented! … Albeit in in a manner unfortunate for this nation.

  • I wondered what happened on that stinker of an obstruction case. It stunk to high heaven at the time, and they got away with it thanks to the Republican congress. Nice to see it finally getting the attention it deserves.

    Sadly, the slow-roasting of Torture Man has turned into a full blown BBQ fire. Oh well, I guess all that we can do is assure him that his “quaint” legal protections will be honored, watch him burn up and get ready to put the next crook on the barbie.

    Oh Mr Cheney…

  • Oooh, what did Bush know and when did he know it?????

    I think I’m suffering from scandal fatigue: I’d have sworn that bit of corruption was a couple of years ago, and I’d completely forgotten about it in the interim.

    Clearly it’s time to hold even more hearings. This will be the upside of having to put up with Lieberman in order to capture the majority.

    This might be a gathering storm to tell our grandchildren about.

  • Oh my, the details in that National Journal article are deeeee-licious…

    Comey certainly would have been interviewed at length during the OPR probe, according to sources close to the investigation. Earlier, he had earned the enmity of some in the White House, a former senior administration official recalled in an interview, when Comey named a special prosecutor to investigate who leaked the identity of CIA officer Valerie Plame to the media.

    Comey showed us that he was a guy who wouldn’t be kept on a leash,” said a former White House official, “in an administration that likes to keep everybody on a short leash.”

    Sounds like the case of the ethical auditor they sent to iraq awhile back.

    Damn those people who won’t play ball!

  • I just knew this “third rate personnel matter” was going to turn into a “third rate burglary.” Finally, we get to take down all the little scumballs who got missed 34 years ago.

  • I’m tellin’ ya, that warrantless eavesdropping deal will end up being the biggest scandal of all once it comes to light what they were really doing with all that info. They rigged elections, pure and simple. Even if it was just to help focus their GOTV machine. But you know it was more than that. Wait and see. It dovetails wicked nice with the US Attys as political tools deal.
    Everything, I mean everything they do is political, and illegal.

  • Wrong title CB; shouldn’t it be “might have implicated” or “would have investigated”? It looks bad enough with the slight exaggeration.

  • Just a reminder, General Michael V. Hayden’s warantless wiretapping program was put into place to cover his very exposed ass because his NSA failed to translate the legally obtained intercepts that would have allowed the U.S. Government to stop the 9/11/01 attacks. Since he so remarkably failed to achieve this, he and his flunkies created this domestic spying program, trying to suggest that had it been in place America would have been safe. Fact is, after having created thousands of tips for the FBI to follow up on, the hit rate on real dangers has been less then 1% and have all been duplicative of the FBI’s own ongoing investigations.

    Thus the program is not only ineffective, it is a significant waste of everybody’s time and gives a false sense of security.

    It is also unconstitutional, as a success rate of less than 1% is not by any means “reasonable cause” for a warrant and as the search is unwarrantable, it is also unconstitutional.

  • Senator Schumer confirms my arithmetic.

    Schumer also revealed that the emails leaked today came from a disgruntled Bush administration official. “One of the reasons everything is getting out here is that there are people, particularly in the Justice Department, who have been so disgusted with what’s happening that information is getting out,” Schumer said. “And I think the White House and the Justice Department know it’s gonna get out whether they release it or not.”

    Thanks Chuck.

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