Leahy Sets Warrantless Wiretapping Subpoena DeadlineSaying that he’s waited long enough for the White House to comply, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) set a new deadline for documents related to the administration’s warrantless wiretapping program today. August 20th is the date, and Leahy expects to receive documents concerning the legal basis for the program (in its variety of forms dating back to 2001), in addition to authorization documents.
Leahy had, at the request of White House counsel Fred Fielding, delayed a prior deadline. But now that an informal date suggested by the White House has come and gone, Leahy writes to Fielding that he’s running out of patience:
Despite my patience and flexibility, you have rejected every proposal, produced none of the responsive documents, provided no basis for any claim of privilege and no accompanying log of withheld documents. I had been requesting this information for an extended time before issuing the subpoenas.
Included in that request are documents surrounding then-Deputy Attorney General James Comey’s refusal to reauthorize the surveillance program. That refusal led to the March 10, 2004 showdown between Comey and Alberto Gonzales at John Ashcroft’s hospital bed.
Leahy had pleaded urgency in seeking the documents last month, since the administration was seeking an overhaul of FISA. Now, of course, that time has passed. Still, such documents might affect debate of Democratic attempts to roll back last week’s sweeping bill. That’s assuming, of course, that the White House turns over any of these documents — a gross assumption given the ongoing battles over the administration’s claims of executive privilege.
The subpoena was originally issued June 27th to the White House Office, the Office of the Vice President, the National Security Council, and the Department of Justice.
