1 Boring Old Man

[from Firedoglake’s live blog]:

Senator Schumer: What about the hospital visit to Ashcroft, because you refused to sign the NSA spying program.

James Comey: Wednesday March 10 2004.

James Comey: This was a very memorable period in my life, probably the most difficult time in my professional life.

Senator Schumer : Were you present when AGAG visited Ashcroft’s bedside.

Senator Schumer : Did the conduct trouble you greatly.

James Comey: I’ve thought about it a lot. I assumed I would have to testify about this some day. I will not reveal the content of advise I gave as a lawyer. I’ve gotta back up a week. In early part of 2004, reevaluation of particular classified program. It required signature by AG to its legality. I remember precise date when program needed to be renewed. A week before I had a private meeting with the AG and I laid out with him what our analysis was. Within hours he was stricken, taken ill.

Senator Schumer : Something was wrong with the way it was being overseen.

James Comey: We had concerns as to our ability to certify its legality.

James Comey: We communicated that to WH that we could not recertify program. I was driving home, got a call from David Ayers, gotten a call from Mrs. Ascroft, from the hospital, Mr Card and Mr Gonzales were on the way to the hospital. I have some recollection that the call was from the President, I’m not sure. I called my COS to get as many of my people to the hospital immediately.

James Comey: I was concerned that they might ask Ashcroft to overrule me when he was in no condition to do that. It wasn’t clear he could orient to time and place. It was you, Mrs. Ashcroft, and the AG. I tried to help him get oriented. Meuller instructed the FBI agents not to remove me under any circumstances. The three of us DOJ people were in the room, Jack Goldsmith and Patrick Phildmon (sp). We waited. It was only a matter of minutes, in walked Gonzales and Card. They stood by the bed and then AGAG began to discuss why they were there, to seek his approval. AG Ashcroft stunned me and in very strong terms expressed his view of the matter, drawing from the hour long view we had a week ago. Then he said, "that doesn’t matter bc I’m not the AG."

Senator Schumer : But he expressed his reluctance to sign it.

James Comey: Yes. The two men did not acknowledge me, they walked from the room. We had a brief exchange with AG. Then we went outside in the hallway.

Senator Schumer : Am I correct that it was AG that did most of the talking.

James Comey: Yessir.

Senator Schumer : They made it clear that there was in this envelope that they hoped Ashcroft would sign. AG–what was his condition. What happened after Gonzales and Card left? Any contact with them in the next little while.

James Comey: I was getting a call next door. It was Card. Card demanded that I come to the WH immediately, I told him I would not meet without a witness present. Card said, "what conduct, we just wished him well." I said, "I would not come without Solicitor General." I said I needed to go back to DOJ first. Mr. Olson immediately went to Department where we sat in conference room. About 11 that night, Mr. Olson and I went to WH together.

Senator Schumer : Just before you get there–you told Card you were troubled by conduct of WH. What did you tell Olson that so upset you.

James Comey: I was angry I thought I had just witnessed an effort to take advantage of a very sick man. We discussed what to do. (lists who was there) I don’t want to reveal the substance.

Senator Schumer : They all thought what you did was the right thing?
James Comey: I didn’t ask. It was a very hard night.

Senator Schumer : Did you meet with Card?

James Comey: Mr. Card would not allow Olson to enter his office. Asked Olson to sit outside. I went in alone. We had a discussion which was much calmer than discussion on telephone. Mr. Gonzales arrived, brought Olson into room, the four of us had a discussion. It was much more civil. I had calmed down a little bit. Ted Olson I respected enormously.

Senator Schumer : Was there any discussion of resignations with Mr. Card?

James Comey: Card had heard reports that there were to be large number of resignations at DOJ.

James Comey: Program was reauthorized without us. I prepared a letter of resignation on March 10.

Senator Schumer : Even in light of that you still felt so strongly that you drafted a letter of resignation. Why did you offer your letter of resignation.

James Comey: I couldnt’ stay if the Admin was going to engage in conduct that DOJ said had no legal basis.

Gonzales’ yearlong effort to block Comey’s testimony

Back in February, 2006 — a couple months after the New York Times first revealed that the Bush administration was spying on Americans in violation of FISA — the Senate Judiciary Committee informed the Justice Department that it wanted to question John Ashcroft and his former Deputy, James Comey, regarding the NSA program. In particular, the Committee wanted to question the two DOJ officials about a Newsweek article reporting that both of them, in 2004, refused to certify that the NSA eavesdropping program was legal.

In response, Alberto Gonzales refused to allow Ashcroft or Comey to testify about any such matters, and in doing so, this is what he said:

In addition, Attorney General Alberto R. Gonzales signaled in an interview with The Washington Post yesterday that the administration will sharply limit the testimony of former attorney general John D. Ashcroft and former deputy attorney general James B. Comey, both of whom have been asked to appear before the Senate Judiciary Committee regarding the program.

"Clearly, there are privilege issues that have to be considered," Gonzales said. "As a general matter, we would not be disclosing internal deliberations, internal recommendations. That’s not something we’d do as a general matter, whether or not you’re a current member of the administration or a former member of the administration."

"You have to wonder what could Messrs. Comey and Ashcroft add to the discussion," Gonzales added.

Similarly, Assistant Attorney General William Moschella claimed: "we do not believe that Messrs. Ashcroft and Comey would be in a position to provide any new information to the committee."