TIME: Was Gonzales' Emergency Visit Illegal?

[sabra]

http://www.time.com/time/nation/article/0,8599,1622832,00.html

<snip>

In dramatic testimony Tuesday, Comey told the Senate Judiciary Committee that he raced to the intensive care unit of George Washington University Hospital that evening to intercept Gonzales and White House chief of staff Andrew Card and prevent them from convincing Ashcroft to reauthorize the program after Justice department lawyers had concluded that it was illegal. Comey, who during Ashcroft's stay in the hospital was acting Attorney General, has told Congressional investigators that when he arrived at the room and began explaining to Ashcroft why he was there, he was intentionally "very circumspect" so as not to disclose classified information in an unsecure setting and in front of Ashcroft's wife, Janet, who was at his bedside and was apparently not authorized to know about the program.

Comey described what happened next: "The door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card. They came over and stood by the bed. They greeted the attorney general very briefly. And then Mr. Gonzales began to discuss why they were there — to seek his approval for a matter, and explained what the matter was — which I will not do." Ashcroft bluntly rebuffed Gonzales, but Comey's unwillingness publicly to say what Gonzales said in the hospital room has raised questions about whether Gonzales may have violated executive branch rules regarding the handling of highly classified information, and possibly the law preventing intentional disclosure of national secrets.

"Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace," says Georgetown Law Professor Neal Katyal, who was National Security Advisor to the Deputy Attorney General under Bill Clinton. "The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power," Katyal says. This particular information could have been highly sensitive. Says one government official familiar with the Terrorist Surveillance Program: "Since it's that program, it may involve cryptographic information," some of the most highly protected information in the intelligence community.

In response to questions on the legality of Gonzales' hospital room conversation, Dean Boyd, a spokesman for the National Security Division of the Justice Department, said, "I am not going to speculate on discussions that may or may not have taken place, much less attempt to render a legal judgment on any such discussions." A Senate investigator says the Judiciary Committee is weighing whether to investigate the matter formally. One consideration will be whether the Justice department itself decides it should be investigated. Gonzales, as head of the department, would be conflicted in the matter. "The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations," says Georgetown's Katyal.

[waiting for hope]

1. Good God -

They are asking this? Over half of everything this that this administration has done has been illegal.....

[MiniMe]

3. The house of cards is falling, you have to get them where the evidence is

Just having Mrs. Ashcroft in the room is a clear security violation. The administration is blocking other investigations in the name of "state secrets". We all know that the "secrets" are really evidence of guilt, but so far, we don't have the smoking gun on those. This, we do.

[shraby]

2. And by extension, Bush for sending them.

[rocktivity]

10. DING DING DING! Shraby, you're our grand prize winner!

And we don’t even need the classified info angle. If Card and Gone-zales KNEW that Ashcroft has given his authority to Comey, and they conspired to sidestep him, they’re guilty. And it doesn’t matter if they were acting under direct orders from Georgie. If he obstructed the investigation by denying security clearances, he’s an accessory.

[bdamomma]

4. but ashcroft won't comment on this visit. is he being threatened ?

[Frank Cannon]

7. He probably doesn't remember much

The guy was in the hospital in grave condition and on God knows how many wonderful meds.

[drm604]

11. They should subpoena Mrs. Ashcroft.

Comey testified that Mrs. Ashcroft reported that a call had come through, and that as a result of that call Card and Gonzales were on their way to the hospital to see Ashcroft. Comey also testified that he has some recollection that it was the President who called.

So Mrs. Ashcroft may know who called. At the very least she could corroborate what went on in the room.

[Spazito]

5. This gets to the very heart of the issue, imo

Discussing what has been repeatedly referred to a highly sensitive classified program was openly discussed in a non-secure environment while persons without clearance were in attendance may well be the "hook" by which congress can get an independent investigation started. If so, I have no doubt Gonzales will be forced to resign, bush will hang him out to dry as he has others in hopes they can stop any further investigation.

It is amazing the firing of the US Attorneys is what started the unraveling of the much bigger and, for the media, much more coverable scandal.

[IntravenousDemilo]

6. Sure, Bush'll leave AG hanging to save his own sorry ass. Save the cheerleader, screw the world! n/m

[Spazito]

8. Yep, the famous demand for loyalty for bush is and always has

been a one-way street. Minions swear a loyalty oath, bush simply swears at them while throwing them under the bus.

[Supersedeas]

9. It is not about the VISIT...it is about what they did AFTER the visit when told categorically

that the program was ILLEGAL and they proceeded anyway...

[drm604]

12. This is true

but I think the hospital visit is an important part of the story as far as public perception goes. The general public may be bored by what they consider to be abstract constitutional questions but they will understand, and feel disgust at, the idea of someone trying to cajole a sick sedated man into signing legal papers.