Bush Blocked Justice Department Investigation
By Murray Waas, National Journal
© National Journal Group Inc.
Tuesday, July 18, 2006Attorney General Alberto Gonzales testified before the Senate Judiciary Committee today that President Bush personally halted an internal Justice Department investigation into whether Gonzales and other senior department officials acted within the law in approving and overseeing the administration’s domestic surveillance program.
The investigation, by the Justice Department’s Office of Professional Responsibility, was halted when lawyers who were going to conduct the investigation were denied the security clearances that would have allowed them to view classified documents related to the surveillance program. President Bush made the decision to deny the security clearances for the investigators, Gonzales said in his testimony today.
"The president of the United States makes the decision," Gonzales said in response to a question by Sen. Arlen Specter, R-Pa., the chairman of the Judiciary Committee, who wanted to know who denied the clearances to the investigators.
After a while, I suppose, soldiers get used to war. It just gets to be the life they are living – instead of an outrageous way to live. I’ll bet it happens to prisoners too, The food comes. There’s some time in the exercise yard. Trying to stay safe in a culture of criminals. I doubt that one ever gets over either situation, so there’s a price to adapting.
I think that’s how I feel after a solid year of closely following the political goings-on of the Bush Administration. I’ve gotten used to the way things work, and the adrenaline doesn’t flow so strong when some new outrage pops up. In fact, I would be surprised if this Administration did something by the book. It seems like the only priority is the exercise of Presidential Power, real or imagined, in every decision – whether they need to or not. It feels like the actual agenda is to consolidate executive power, rather that to govern.
But this particular issue reminds me that I’m not yet so jaded that I’m totally numb. This is an exercise of some kind of Presidential Power, the denial of security clearances to Justice Department Investigators, for no conceivable reason other than to block an investigation of something they don’t want investigated. The motive can only be obstruction of justice. I cannot even dream up another reason. It’s using a power strategically, a perversion of the intent of the power [if it’s even a power the President has] – and the intent of the strategy is to block an investigation of the Justice Department. Then, from the same article:
OPR’s lead counsel, H. Marshall Jarrett, wrote to Hinchey in early February to say he had launched the investigation. "I am writing to acknowledge receipt of your January 9, 2006, letter, in which you asked this office to investigate the Department of Justice’s role in authorizing, approving, and auditing certain surveillance activities of the National Security Agency, and whether such activities are permissible under existing law. For your information, we have initiated an investigation. Thank you for bringing your concerns to our attention."
But Jarrett subsequently wrote [PDF] to Hinchey, "We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program. Beginning in January 2006, this office made a series of requests for the necessary clearances. On May 9, 2006, we were informed that our requests had been denied. Without these clearances, we cannot investigate this matter and therefore have closed our investigation."
When Hinchey and other Democratic House members inquired of Jarrett as to why he was not able to obtain the necessary clearances, Jarrett wrote them back on June 8 that he could not answer their questions because to do so "would require me to disclose client confidences and internal Justice Department deliberations, which I am precluded from doing."
Now, another strategy – to block an investigation into why the requested investigation isn’t occurring – concretely Obstruction of Justice – in this case, Justice is not a legal concept, it’s a Department of the United States Government! My adrenaline flows here. This is a crime…
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§ 1505. Obstruction of proceedings before departments, agencies, and committees Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress— … |
That’s almost, but, as you hint, not quite hard to believe. How do they, and it has to be a “they”, get away with such atrocities? But, I guess if one feels comfortable groping the lady Prime Minister of Germany, one can withhold clearance with little or no feeling if your puppeteers so maneuver you.
Stupidly I ask, “Is the German Chancellor like a Prime Minister or a President?” I guess he groped a Chancellor. Is that better or worse? As a matter of fact, I’d think as little of him whether it was a housewife or a Queen. And the bald-head “kissing”? Gimme a break, georgie.
A few years ago I designed a tattoo that is the image of “Blind Justice” but she was peeking. Somehow that image becomes more and more appropriate in THIS United States. I want the old one back. You know, the one where the president only lied about his sexual exploits. *sigh*
[…] Surely we’re not so jaded to this Administration’s antics that we will accept this. It is, by definition, Obstruction of Justice. It is simply not possible to argue that the Justice Department Investigators are a threat to national security. The only possible reason to deny their clearance would be to stymie the probe. So, President Bush is perverting a Presidential Power to interfere with a Congressional Investigation. […]
[…] On another front but the same topic, a Federal Court has denied the President’s Power to evoke "state secrets" as a defense in a suit against A.T.& T. for collaborating with the N.S.A. in the Domestic Spying issue. Glenn Greenwald’s article has all the details. Finally, there’s some movement on the Unwarranted Domestic N.S.A. Spying. First, the revelation that Bush, himself, is trying to block a Congressional Investigation by evoking a power [he may not have] to Obstruct Justice [see below]. Now a Federal Court has denied Bush’s Power to evoke a "states secrets" argument. And, of course, there was the Supreme Court’s Hamdan decision – a scathing denial of Bush’s claim of absolute power in Wartime. […]