AG Gonzales, 2-6-06: Declines to answer first-class mail breach question

[seafan]

U.S. Senate Judiciary Committee Holds a Hearing on Wartime Executive Power and the NSA's Surveillance Authority

February 6, 2006; 3:05 PM

Partial Transcript

Un-sworn Testimony of Attorney General Alberto Gonzales under questioning by Senator Patrick Leahy (D-VT) RANKING MEMBER

LEAHY: ... Under your interpretation of this, can you go in and do mail searches? Can you go into e-mails? Can you open mail? Can you do black-bag jobs?

And under the idea that you don't have much time to go through what you described as a cumbersome procedure, what most people think is a pretty easy procedure, to get a FISA warrant, can you go and do that of Americans?

GONZALES: Sir, I've tried to outline for you and the committee what the president has authorized, and that is all that he has authorized.

LEAHY: Did it authorize the opening of first-class mail of U.S. citizens? That you can answer yes or no.

GONZALES: There is all kinds of wild speculation about...

LEAHY: Did it authorize it?

SPECTER: Let him finish.

GONZALES: There is all kinds of wild speculation out there about what the president has authorized and what we're actually doing. And I'm not going to get into a discussion, Senator, about...

LEAHY: Mr. Attorney General, you're not answering my question. I'm not asking you what the president authorized.

Does this law -- you're the chief law enforcement officer of the country -- does this law authorize the opening of first-class mail of U.S. citizens, yes or no, under your interpretation?

GONZALES: Senator, I think that, again, that is not what is going on here.

We're only focused on international communications where one part of the communication is Al Qaida. That's what this program is all about.

LEAHY: You haven't answered my question

Well, Mr. Chairman, I'll come back to this. And the attorney general understands there's some dates he's going to check during the break, and I'll go back to them.

SPECTER: Thank you, Senator Leahy.

Coming soon to the NSA revelations near you.

[Ezlivin]

1. Get Gonzales under oath so we can frog march his ass to Gitmo

Lying sack o' shit.

[Supersedeas]

2. ABA Rules of Prof. Responsibility, Rule 3.3 Candor toward the Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client or witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary disclosure to the tribunal.

(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6 Confidentiality of Information.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all the material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.