In testimony before the Senate Judiciary Committee this morning, former Deputy Attorney General James Comey detailed the desperate late night efforts by then-White House counsel Alberto Gonzales and White House chief of staff Andrew Card to get the Justice Department to approve a secret program — the warrantless wiretapping program.
According to Comey’s testimony this morning, only when faced with resignations by a number of Justice Department officials including Comey, his chief of staff, Ashcroft’s chief of staff, Ashcroft himself and possibly Robert Mueller, the director of the FBI, did the White House agree to make changes to the program that would satisfy the requirements of the Justice Department to sign off on it (Comey refused to name the program, but it’s apparent from the context and prior reports that this was the warrantless wiretapping program).
The events took place in March of 2004, when the program was in need of renewal by the Justice Department. When then-Attorney General John Ashcroft fell ill and was hospitalized, Comey became the acting-Attorney General.
The deadline for the Justice Department’s providing its sign-off of the program was March 11th (the program required reauthorization every 45 days). On that day, Comey, then the acting AG, informed the White House that he “would not certify the legality” of the program.
According to Comey, he was on his way home when he got a call from Ashcroft’s wife that Alberto Gonzales and Andrew Card were on their way to the hospital*. Comey then rushed to the hospital (sirens blaring) to beat them there and thwart “an effort to overrule me.”
After Comey arrived at the hospital with a group of senior Justice Department officials, Gonzales and Card arrived and walked up to Ashcroft, who was lying barely conscious on his hospital bed. “Gonzales began to explain why he was there, to seek his approval for a matter,” Comey testified. But Ashcroft rebuffed Gonzales and told him that Comey was the attorney general now. “The two men turned and walked from the room,” said Comey.
A “very upset” Andrew Card then called Comey and demanded that he come to the White House for a meeting at 11 PM that night.
After meeting with Justice Department officials at the Justice Deaprtment, Comey went to the White House with Ted Olson, then the Solicitor General to the White House. He brought Olson along, Comey said, because he wanted a witness for the meeting.
But Card didn’t let Olson enter and Comey had a private discussion with Card. This discussion, Comey testified, was much “calmer.” According to Comey, Card was concerned about reports that there were to be large numbers of resignations at Justice Department. Gonzales entered with Olson and the four had an apparently not very fruitful discussion.
The program was reauthorized without the signature of the attorney general. Because of that, Comey said, he prepared a letter of resignation. “I believed that I couldn’t stay if the administration was going to engage in conduct that Justice Department said had no legal basis.”
At this point, according to Comey, a number of senior Justice Department officials, including Ashcroft, were prepared to resign.
When Comey went in on that Friday, March 12th to give the White House its customary morning briefing, Comey said that the president pulled him aside. They had a 15 minute private meeting, the content of which Comey would not divulge. But Comey did suggest at the conclusion of that conversation that the president speak with FBI Director Mueller. And so that meeting followed. Following that meeting, Comey said that Mueller brought word that the Justice Department was to do whatever was “necessary” to make the program into one that the Justice Department could sign off on.
Comey said that it took two to three weeks for the Justice Department to do the analysis necessary to have the program approved. During that time, the program went on without Justice Department approval. But following the Justice Department’s suggested changes, the Justice Department (either Ashcroft or Comey) did sign off on the program.
*Update: A commenter below rightly points out that, according to Comey, the call to Ashcroft’s wife that Gonzales and Card were on their way to the hospital came from the president himself.
Update: Here’s The New York Times‘ story last January first reporting word of Gonzales’ bedside visit. Comey’s, obviously, is a much fuller account.
Update: After hearing Comey’s “shocking” account, Sen. Chuck Schumer (D-NY) said that it made him wonder anew how Gonzales could remain as the attorney general, since he evidently had so little respect for the rule of law.
Update: ThinkProgress has a transcript of Comey’s testimony.