Absolutely must-read post on the Gonzalez-Ashcroft confrontation detailed by James Comey yesterday from the Anonymous Liberal, who knows a little something about the law (Must read the whole piece at the link!):
http://www.anonymousliberal.com/2007/05/takeaways-from-ashcroft-hospital-bed.html#linksIt's probably also worth expanding on a few other lessons from this story.
First, it appears that the White House was willing (and in fact did, for a time) authorize a program that the Justice Department--including the Attorney General, the Deputy Attorney General, the head of the OLC, and the FBI Director--had determined to be illegal. And if all of these people had not threatened to simultaneously resign, it is very likely that the White House would simply have continued renewing this program without the Justice Department's blessing.
That's a rather stunning fact, and one that I wish at least a few mainstream journalists would attempt to grasp the significance of. The White House authorized a program that everyone of significance in the Justice Department had determined to be lacking any legal basis. They willfully violated the law.
Second, Alberto Gonzales acted in a manner that is, at the very least, ethically questionable. Not only was he attempting to circumvent James Comey's lawful authority as the acting Attorney General, but he was seeking to have someone who'd had major surgery the day before and who was heavily-medicated, execute an important legal document. That's an incredibly shady thing to do, the kind of thing that can get an attorney sanctioned or disbarred.
Third, implicit in the behavior of both Comey and Robert Mueller is a complete distrust of both Card and Gonzales. Mueller gave his instruction to the agents outside Ashcroft's room because he was worried what might happen in there if there were no witnesses. That doesn't speak very highly of Gonzales' reputation or perceived integrity.
Fourth, as Glenn pointed out earlier today, the Bush Administration has clearly been trying to keep this story from coming out for a long time, and has often resorted to lying about it. I can see why.
This is a shameful episode and I hope that--amidst all the other stories today--this one manages to gain the traction it deserves.