I don’t know if Attorney General Alberto Gonzales was scheduled to hit the prime-time talk shows last night before Al Gore’s speech, but the former Vice President seems to have pushed the administration into a defensive posture with his sweeping condemnation of Bush’s disregard for the rule of law.
Gonzales apparently hasn’t thought of any new defenses for warrantless searches, so he stuck to the old, discredited ones.
“I would say that with respect to comments by the former vice president it’s my understanding that during the Clinton administration there was activity regarding the physical searches without warrants, Aldrich Ames as an example.
“I can also say that it’s my understanding that the deputy attorney general testified before Congress that the president does have the inherent authority under the Constitution to engage in physical searches without a warrant and so those would certainly seem to be inconsistent with what the former vice president was saying today.”
True? No. As Think Progress noted, “The issue with the Bush’s warrantless domestic wiretapping program is that it violates a federal criminal law, the Foreign Intelligence Surveillance Act. Despite what Gonzales is implying, the Clinton administration never violated FISA and never claimed they could violate FISA.” Strike one.
Gonzales, appearing on Fox News’s Hannity & Colmes, added:
“The Department of Justice has carefully reviewed this program from its inception, and a determination has been made that the program is lawful.”
True? Hardly. First of all, the checks were supposed to come from the judiciary, not the administration approving of its own efforts. Second, the Department of Justice hasn’t exactly been supporting of “this program from its inception” — DoJ officials including John Ashcroft, James Comey, and Robert Mueller have all balked at the programs legal foundations. Strike two.
On CNN, Gonzales also referenced the importance of speed.
“[W]henever you involve another branch of government in an activity regarding electronic surveillance, inherently it’s going to result in some cases in delay.”
True? Not really; Gonzales failed to mention that FISA courts can grant warrants retroactively, up to 72 hours later. Strike three.
As Judd Legum noted, “The fact that the Attorney General of the United States is resorting to such obvious deception shows that they have no real answers. The administration is getting desperate and grasping at straws.”
The questions Gonzales heard from Larry King and Sean Hannity will be different from the ones he hears from the Senate Judiciary Committee. Will he have better answers by then? I kind of doubt it.