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sabra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:26 AM
Original message
Newsweek: White House Says Gonzales Did Not Know Comey Was Acting AG

http://www.msnbc.msn.com/id/18754304/site/newsweek/

Bad Blood Among the President's Men

<snip>

After the incident, there were recriminations over what Comey portrayed as an attempt by Bush's top lawyer and chief of staff to "take advantage" of a very ill man. Comey didn't tell the Senate panel that the bad feelings were stoked even more the next morning when White House officials explained the hospital visit by saying Gonzales and Card were unaware that Comey was acting A.G. (and therefore the only person authorized to sign off on the surveillance program), according to a former senior DOJ official who requested anonymity talking about internal matters. Top DOJ officials were furious, the source said. Just days earlier, Justice's chief spokesman had publicly said Comey would serve as "head of the Justice Department" while Ashcroft was ill. Justice officials had also faxed over a document to the White House informing officials of this. When a Gonzales aide claimed the counsel's office could find no record of it, DOJ officials dug out a receipt showing the fax had been received. "People were disgusted as much as livid," said the DOJ official. "It was just the dishonesty of it." A Gonzales aide at the time (who asked not to be ID'd talking about internal matters) said there was a "miscommunication" and "genuine confusion" over who was in charge. Democratic senators plan a no-confidence vote in Gonzales. They also want him to explain his testimony last year that "there has not been any serious disagreement" about the terrorist-surveillance program.
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Atman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:27 AM
Response to Original message
1. So they're finally admitting that Gone-zo is the 2d stupidest man in DC.
:eyes:

.
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rosesaylavee Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:31 AM
Response to Reply #1
3. Is that like the Al Quada #2 position?
Lots of village idiots vying for that spot in this admin. Different candidates offer their 'best' every other week it seems.

Perhaps a cartoon in the making here, Atman.
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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 02:00 PM
Response to Reply #3
57. Gonzolies, the last man standing after a lying match. Who is Liar # 1 ??
Lots of attorneys and a real joke in the making.

"Gonzolies" is the English neologism describing the last man standing after a lying match.
"Gonzo journalism" refers to when an author cannot remove himself from the subject he investigates ....
"Gonzo" is Irish slang describing the last man standing after a drinking marathon.

Will the real "Gonzolies" please stand up ...

MORE: Gonzolies (verb. nov.) English, May 17, 2007
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x907626
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AndyA Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:32 AM
Response to Reply #1
4. No wonder he and Bush think so highly of each other.
They are two of the same.

And both totally, completely incapable of performing their jobs.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:52 AM
Response to Reply #1
41. That's really a lie. They're trying to plead stupid so he can
stay out of jail.

It was HIS JOB to know who the acting AG was, because the acting AG was HIS BOSS!

Gonzo just didn't like the answers Comey was giving him so he decided to do an end run around him to get approval from a man who was flat on his back and doped up to the gills.

Gonzo is not stupid. He's far from it. He's intelligent, amoral and utterly ruthless. These are not qualities any AG should possess in combination. He has to go.
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Poiuyt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:31 AM
Response to Original message
2. So Gonzales is either lying or stupid, take your pick
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Skidmore Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:54 AM
Response to Reply #2
24. Can I have both?
Lying and stupid.
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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:00 AM
Response to Reply #2
29. Do I have to choose?
Couldn't he be lying and stupid? Bush manages that nicely.
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TwilightGardener Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:32 AM
Response to Original message
5. Gonzo knew--this is a lie. His goal was to get the law signed by
a gorked Ashcroft and then by the time Comey realized it was signed, Ashcroft would be back on the job. Gonzo is not that stupid.
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panader0 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:32 AM
Response to Original message
6. So they're saying that gonzo was not devious, just stupid.
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Roland99 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:33 AM
Response to Original message
7. How "quaint"
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rateyes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 02:20 PM
Response to Reply #7
60. You owe me a new monitor!
Edited on Mon May-21-07 02:23 PM by rateyes
:spray:
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Roland99 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 03:10 PM
Response to Reply #60
63. .
:toast:


:D

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RufusTFirefly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:33 AM
Response to Original message
8. Don't buy the convenient Incompetence Meme! n/t
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Morgana LaFey Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 06:35 PM
Response to Reply #8
70. Great phraseology: Convenient Incompetence,
almost as good as plausible deniability.

Welcome to DU!
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Mandate My Ass Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:33 AM
Response to Original message
9. Jeebus. They're still using the "who knew?" defense
Edited on Mon May-21-07 09:38 AM by Mandate My Ass
Q: Who knew...

They would use planes to fly into buildings?

That the levees had broken?

That the Niger documents were forgeries?

That Chalabi had been totally discredited by the CIA years ago?

That we wouldn't be greeted as liberators?

There were no WMDs?

A: The WH.

2nd Q: Is anybody still buying this crapola? :shrug:

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Batgirl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:41 AM
Response to Reply #9
12. Just like a broken record
It must be getting tedious for the poor things to have to keep uttering the same phrase over and over again.
You'd think by now they'd all be issued a flash card inscribed with a simple pictograph meaning "land sakes alive, I just didn't know!"
Something sturdy and laminated that could withstand being held up and waved vigorously several times each day.
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 11:43 AM
Response to Reply #12
47. A one trick dog and pony show
Their MO is plain as day, break the law and lie about it. It might work once or twice but their little game has become quite transparent.
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:36 AM
Response to Original message
10. Bald Faced Lie
Gonzales as legal consul to the president would have known that the A.G. transferred his
power to Comey when he became ill. Also Ashcroft as he was in the I.C.U. and was being
bothered by Gonzales & Andy Card to sign the document giving his O.K. on the N.S.A. spying
told them that he no longer had any power and said that Comey had the power of the A.G.
and pointed him out.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:39 AM
Response to Original message
11. A 'former senior DOJ official' requesting anonymity???
Either give it up with the name or don't mention it. It's a ridiculous assertion because if Comey didn't have the authority they never would have asked him in the first place.
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npincus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:41 AM
Response to Original message
13. Chimpy called Mrs. Ashcroft t get Card and Gonzo admitted into the hospital
Chimpy wasn't informed that Comey was acting AG? BULLSHIT. Chimpy's fingerprints are ALL over this illegal effort to sign off on the warantless wiretap program by bullying a sick man in a hospital.. Chimp was informed of Comey's AG authority, but tht was an inconvenient truth so he tried to skirt the law. Impeach, goddammit.


George Bush was actively involved. Comey remembered vaguely that Bush called Mrs. Ashcroft to get Andy Card and Gonzales admitted into the hospital. This means Bush took active part in an attempt to use Ashcroft's indisposition to give his spying program legal cover.- http://thenexthurrah.typepad.com/the_next_hurrah/2007/05/the_new_details.html#more
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jazzjunkysue Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:11 AM
Response to Reply #13
31. If there is any way to prove that phone call, it's his impeachment.
And there is always a way to prove a phone call happened.

If he called Mrs. Ashcroft, then he knew about all of it and deliberately sent the goon squad in for the autograph, and B* knew Comey was the acting head.

B* is the one to made that change, regardless of who did or did not "get the memo."
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:29 AM
Response to Reply #31
38. All they have to do is call Mrs. Ashcroft and ASK HER. Duh!
It's a no-brainer.

:kick:
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:42 AM
Response to Original message
14. LMAO We're incompetent, not criminal
and people actually buy into the lie
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:50 AM
Response to Reply #14
19. They finally picked one. lol n/t
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RevCheesehead Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:42 AM
Response to Original message
15. Dear Mr. Bush,
Why do you want to keep someone with such a horrible memory?
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:49 AM
Response to Reply #15
17. Did I ever tell you that you are my Fav?
Edited on Mon May-21-07 09:51 AM by Botany


The idea that the President's top legal consul did not know that
the A.G. had moved his legal authority to his # 2 man in the Dept.
of Justice when he was sick is laughable. Even without talking to the
President that FACT would be on his (Alberto's) desk before it happened.
Hell, it would have been on the front page of the Washington Post.

8/22/07 bush will be gone.

BTW can you do me a little favor? Rev :loveya: Cheese
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RevCheesehead Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:53 AM
Response to Reply #17
20. They should put him on permanent disability for that memory.
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:02 AM
Response to Reply #20
30. "I know nothing .... nothing"


Anybody who has half a brain ( even bush ) inside the beltway
would have known that Ashcroft transferred power when he
took sick.

Look up the date(s) and do a google search .... it would have
been front page on the Washington Post or @ least on the page
2 news summery section.
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BearSquirrel2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:57 AM
Response to Reply #15
26. Those who forget the past are ...

Those who forget the past are doomed to ...

...

... errr....

What were we talking about?

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RevCheesehead Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:59 AM
Response to Reply #26
28. Poland?



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robbyrob79 Donating Member (87 posts) Send PM | Profile | Ignore Mon May-21-07 09:48 AM
Response to Original message
16. It looks to me
that whether its criminal incompetence or a conspiracy, he's got to go. He's either too stupid to do the job right, or he's seriously messing up the whole coverup of it all. The "I do not recall" defense is about as flimsy as it gets.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:49 AM
Response to Original message
18. Oh, so they admit they were trying to get their illegal wire tapping
program approved??? They don't deny the facts of the meeting, just that Gonzo didn't know Comey was acting AG - I don't recall, I can't remember Gonzo needs to resign and have some scans of his brain done, memory loss like that at his age isn't right.
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PRETZEL Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:54 AM
Response to Original message
21. This may be a bit of a naive question,
but given Ashcroft's had a Congressionally confirmed position (not sure if is/was cabinet level) wouldn't Bush have had to authorized/approve the temporary change of authority?
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Batgirl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:27 AM
Response to Reply #21
36. Apparently no authorization was necessary under the circumstances
Ashcroft Hospitalized With Pancreatitis
NewsMax.com Wires
Friday, March 5, 2004
WASHINGTON – Attorney General John Ashcroft was in a hospital intensive care unit Friday after suffering a severe case of gallstone pancreatitis, a serious and painful abdominal illness.
Ashcroft, a 61-year-old former U.S. senator and governor of Missouri, was being treated with antibiotics. The ailment often clears up after a week or so of treatment but sometimes requires surgery. In extreme cases, it can cause death.

Doctors at George Washington University Hospital said they needed more time to evaluate Ashcroft and make a prognosis. It's possible he could remain hospitalized for a month or more.

Under Justice Department rules, Deputy Attorney General James Comey is authorized to exercise "all power and authority" of the attorney general. No transfer of power is necessary.
http://www.newsmax.com/archives/articles/2004/3/5/165100.shtml
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BearSquirrel2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:54 AM
Response to Original message
22. The "Ignorant and Incompetent Defense"

"No one could have predicted that terrorist would hijack planes and fly them into buildings." - Condeleeza Rice


What is amazing to me is how these assholes continually trot out defenses that make them look like a bunch of numbskulls. What is disappointing to me is that the "hardcore conservatives" still buy this bullshit. When reality conflicts with your ideology, clearly something must be wrong with reality.

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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:54 AM
Response to Original message
23. More evidence of the blatant lying by this mis-administration. Lies & deception.
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Arkansas Granny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:56 AM
Response to Original message
25. Since he "can't recall" anything else, I suppose we can assume
that he just forgot about that little detail.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 09:59 AM
Response to Original message
27. Let's review, children.
Edited on Mon May-21-07 10:05 AM by SoCalDem
Our attorney general cannot remember what he has for lunch on any given day, and of course has NO recollection of who attended an important meeting HE called. He cannot remember doing anything wrong..in fact he's pretty sure if he DID anything, it was probably OK.

He does not know who he hired, who he fired, but thinks he might had had someone else do it, but he cannot really ask them, since they either pleaded the fifth, resigned or were fired by someone else.

He strings words together like loose pearls, yet has no idea what he's saying.

When he was the president's lawyer, he had no idea who was acting attorney general,even though the rest of the nation knew that Comey was acting-attorney general..

Even now that he is apparently attorney general himself, he still thinks "he works for the "president"...not the people.

he has managed to make John Ashcroft look like a good guy..

and Gonzo probably cannot even sing..

The only thing he has going for him is that he's not afraid of bronze statuary boobies:)
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BrotherBuzz Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:19 AM
Response to Reply #27
34. Word!
:thumbsup:
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:25 AM
Response to Reply #34
35. About now he probably wants his old job back.. rearranging Harriet Miers' broach drawer and
neatly folding her underwear:)
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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 11:28 AM
Response to Reply #27
44. "let the eagle sooaaarrrrrrrrr"
:)
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Patsy Stone Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 08:44 PM
Response to Reply #27
73. Charged with a DUI?
Need to get out of military service and have your records fudged?

Call the Law Firm of Gonzales and Miers.
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:18 AM
Response to Original message
32. FACT: The THUGS in this administration LIE ABOUT EVERYTHING! When they open their mouths, just
assume it's a LIE. That's what I do. If they're talking, they're lying. Period.The sooner the Dems in Congress figure that out, the better off they'll be.
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sheerjoy Donating Member (369 posts) Send PM | Profile | Ignore Mon May-21-07 10:18 AM
Response to Original message
33. Oh, good grief...
are they REALLY gonna buy that? Haha... Lord help us all.
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EVDebs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:28 AM
Response to Original message
37. The WH examined Gonzo's lone brain cell in order to verify this statement
Edited on Mon May-21-07 10:30 AM by EVDebs
The Sgt. Schultz defense isn't going over so well. Time for Plan B, plain old stonewalling and 'in your face' tactics. This will go over even better, huh ?
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:36 AM
Response to Original message
39. The real problem for Bushco
is that when they took office no one reminded them that one lie makes many. Now all the lies are caught up in one hell of a tangled weave. Any attempt to escape from one lie throws them directly into another trap.

It's fugging funny watching the Dems unravel this jumble of deception, criminality and war crimes.
Sadly my fear is that they and their robber barons will stop at nothing to maintain power, although I think the system is strong enough to devour them.
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Marr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:40 AM
Response to Original message
40. Absurd. That's like claiming innnocence in a murder trial because you didn't realize guns
Edited on Mon May-21-07 10:41 AM by Marr
fire bullets.

At some point, Congress is going to have to recognize that Mr. Gonzalez is simply a very corrupt man and impeach him. I would think that, if they can agree on a no confidence vote, they could agree that a man like Gonzalez cannot be allowed to head the DoJ. Impeach him.
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blueworld Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 10:59 AM
Response to Original message
42. He didn't realize invading an ICU was probably a bad idea????
The same choice this disgusting administration has given America and the world since Day 1: EVIL and/or stupid. It's demoralizing to the troops. :sarcasm:

Let's assume that Gonzo's head is so far up his ass all he sees are his tonsils & his sphincter is choking him. Wouldn't any remotely sane professional think, "Gee, the boss is in ICU, seriously ill. Surely there must be a temporary replacement - I don't know who that is! Let me call one of my butt-boys, I mean lackeys over at DOJ".

No, Al & Andy rush over & sneak in to stick one more knife in that quaint old Constitution. Bush cuts brush, they shovel shit.
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 11:19 AM
Response to Original message
43. They didn't need a fax. They had a bug in the AG's office.
Edited on Mon May-21-07 11:27 AM by Peace Patriot
Anyway, that's my theory as to why establishment lawmen like Comey and Mueller were so pissed off. It wasn't so much the illegal spying as WHO they were spying on.

Newsweek has ever been the compliant Cheney toady, to promulgate the planted story line. I noticed this way back in 2001 during the Gary Condit scandal. (Condit met with Cheney on the day one his mistresses disappeared, and during the very hours of her disappearance. The timing, length and attendees of that meeting were very important, in part because Cheney was Condit's only alibi during that time. But no one--not the FBI, or the DC police, or any news organization--asked Cheney or anyone in his office about that meeting, throughout the months of May, June and July. Then came a story in Newsweek, quoting Cheney aides--that the meeting was short, routine and attended by two aides. I pretty much wrote off DC media at that time--and particularly Newsweek. They gave Cheney three months to cock up his version of the meeting, then floated it in the pages of Newsweek.)
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 11:34 AM
Response to Reply #43
45. Note: A bug, or other surveillance. (I'm not sure whatall they use these days.)
I noticed Comey's phrasing early in his testimony. He was describing his meeting with Ashcroft about the spying program, and he said they were "reviewing what they had learned." This sounds more like information, details, than like a discussion of legal theory. "...what they had learned" about the spying program. WHAT had they "learned"? It wasn't a new program. They only RECENTLY figured out that it was illegal? I don't think so. I think what they "had learned" was what it was being used FOR. And we can make educated guesses from there: spying on their own people, and their own agencies, spying on the domestic political opposition.
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tiptoe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 01:23 PM
Response to Reply #45
53. Certainly not spying on Patrick Fitzgerald's people and investigation?!
Edited on Mon May-21-07 01:29 PM by tiptoe
:sarcasm:

BTW, excerpts from one Newsweek (02/06/06 issue) article, Palace Revolt, seem to belie any talking point that Gonzales and Card were unaware the acting-AG, decision-making role Comey had assumed by the time of their "well-wishing" hospital visit to Ashcroft. According the the article (emphasis mine), after an "angry reaction" to the non-re-authorization reached the Oval Office, Bush "had begun referring [specifically] to Comey as "Cuomey" or "Cuomo"...and "a high-level delegation — White House Counsel Gonzales and chief of staff Andy Card — visited Ashcroft in the hospital to appeal Comey's refusal..."

...
There was one catch: the secret program had to be reapproved by the attorney general every 45 days. It was Goldsmith's job to advise the A.G. on the legality of the program. In March 2004, John Ashcroft was in the hospital with a serious pancreatic condition. At Justice, Comey, Ashcroft's No. 2, was acting as attorney general. The grandson of an Irish cop and a former U.S. attorney from Manhattan, Comey, 45, is a straight arrow. (It was Comey who appointed his friend—the equally straitlaced and dogged Patrick Fitzgerald—to be the special prosecutor in the Valerie Plame leak-investigation case.) Goldsmith raised with Comey serious questions about the secret eavesdropping program, according to two sources familiar with the episode. He was joined by a former OLC lawyer, Patrick Philbin, who had become national-security aide to the deputy attorney general. Comey backed them up. The White House was told: no reauthorization.

The angry reaction bubbled up all the way to the Oval Office. President Bush, with his penchant for put-down nicknames, had begun referring to Comey as "Cuomey" or "Cuomo," apparently after former New York governor Mario Cuomo, who was notorious for his Hamlet-like indecision over whether to seek the Democratic presidential nomination in the 1980s. A high-level delegation—White House Counsel Gonzales and chief of staff Andy Card—visited Ashcroft in the hospital to appeal Comey's refusal. In pain and on medication, Ashcroft stood by his No. 2.

A compromise was finally worked out. The NSA was not compelled to go to the secret FISA court to get warrants, but Justice imposed tougher legal standards before permitting eavesdropping on communications into the United States. It was a victory for the Justice lawyers, and it drove Addington to new levels of vexation with Goldsmith.

Addington is a hard man to cross. Flanigan, his former White House colleague, described his M.O.: "David could go from zero to 150 very quickly. I'm not sure how much is temper and how much is for effect. At a meeting with government bureaucrats he might start out very calm. Then he would start with the sarcasm. He could say, 'We could do that, but that would give away all of the president's power.' All of a sudden here comes David Addington out of his chair. I'd think to myself we're not just dancing a minuet, there's a little slam dancing going on here." But Addington "usually had the facts, the law and the precedents on his side," says Flanigan. He had another huge advantage. He never needed to invoke Cheney's name, but everyone knew that he spoke for the vice president.
...
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indie_voter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 11:39 AM
Response to Original message
46. The dog ate the fax!! Honestly!! :p n/t
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 11:47 AM
Response to Original message
48. Yeah, why WOULD the white house's top lawyer even know who's running DOJ
--the guy whose job he's about to be appointed to take over? He probably never even heard of the dude before. He probably didn't know there was a Department of Justice to be acting head of.
Why would the President's Chief of Staff know who's running DOJ? Probably if they are good Americans like I know they are, the Chief of Staff and White House Counsel kick back on the sofa to watch WWF, NASCAR, or American Idol when they aren't cracking heads for the President, so they'd have no reason to know more stuff than the average American knows about who runs things. But of course, smarty pants elitist liberals think they should know everything about the way gummint works and who runs things. A good American only needs to know that the President runs things, period!
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MiniMe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 11:50 AM
Response to Original message
49. Did they forget that it was illegal to talk about this program in a hospital room
in front of Mrs. Ashcroft?
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kimmylavin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 12:01 PM
Response to Original message
50. I WISH.
I wish I could be able to do my job as badly as these folks and still hold on to it!
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snappyturtle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 12:28 PM
Response to Original message
51. Gonzo is becoming "increasingly irrelevant". n/t
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Oilwellian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 12:38 PM
Response to Original message
52. Didn't they go to Comey first?
Without having to view Comey's testimony again, didn't he say he wouldn't renew the spying program? If that's true, then it would mean Bushco did know Comey was in charge, they just didn't like his answer.
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tiptoe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 01:37 PM
Response to Reply #52
54. yep (see #53 for article "Palace Revolt" excerpts detailing event sequences)
Edited on Mon May-21-07 01:47 PM by tiptoe
Whoever contacted whom, first, the non-re-authorization was apparently attributed as "Comey's refusal" at the White House, according to the article. Comey had to be seen as the decision-maker on the matter, i.e. as acting-AG.

And the delegation of WH Counsel and Chief of Staff to the hospital was after Bush "had begun referring to Comey as "Cuomey" or "Cuomo"...

They had to know the role Comey had assumed.
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Oilwellian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 01:47 PM
Response to Reply #52
55. From Comey's own testimony
SCHUMER: OK. Anything else of significance relevant to this line of questioning occur on Thursday the 11th, that you can recall?
COMEY: No, not that I recall.
SCHUMER: Thank you. Now, let's go to the next day, which was March 12. Can you tell us what happened then?
COMEY: I went to the Oval Office -- as I did every morning as acting attorney general -- with Director Mueller to brief the president and the vice president on what was going on on Justice Department's counterterrorism work. We had the briefing. And as I was leaving, the president asked to speak to me, took me in his study and we had a one-on-one meeting for about 15 minutes -- again, which I will not go into the substance of. It was a very full exchange. And at the end of that meeting, at my urging, he met with Director Mueller, who was waiting for me downstairs. He met with Director Mueller again privately, just the two of them. And then after those two sessions, we had his direction to do the right thing, to do what we...
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tiptoe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 02:12 PM
Response to Reply #55
58. The March 12 meeting occurred after the hospital delegation; the WH had earlier become
Edited on Mon May-21-07 02:39 PM by tiptoe
angered with Comey, who had backed up the analysis of Goldsmith, Ashcroft and Philbin of the illegality of the NSA program (as it was then conditioned).

After the March 12 meeting with Bush:
...
A compromise was finally worked out. The NSA was not compelled to go to the secret FISA court to get warrants, but Justice imposed tougher legal standards before permitting eavesdropping on communications into the United States. It was a victory for the Justice lawyers, and it drove Addington to new levels of vexation with Goldsmith.
...


Comey, as acting-AG never signed the document certifying legality, after researching it was only customary to do so but not required by law. So, in lieu of certifying by signature an ILLEGAL program, as acting-AG for DOJ he "impose(d) tougher legal standards before permitting eavesdropping on communications into the United States." This allowed Comey's ass-to-be-covered and the White House a loophole: 1) no signature certifying the WH's NSA spying program (deemed illegal by DOJ as then-presently constituted); instead, imposition of additional, tougher standards for execution of the program, and 2) shared legal research with the WH that no statute actually required a DOJ signature certifying legality prior to execution of the WH spying program (if it opted to do so).

(If the White House lawyers were really sharp, shouldn't they have been able to discover the same information that Comey did: No statutory requirement for DOJ signature certification of legality?)
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Oilwellian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 02:47 PM
Response to Reply #58
62. I realize that...
I'm merely pointing out Comey testified he went to the WH every day as acting attorney general. How could that possibly slip by Gonzales or Card if Comey & Mueller met with Bush every morning? And of course there's that question again...who from the WH called Mrs. Ashcroft?
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tiptoe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 04:04 PM
Response to Reply #62
66. It couldn't possibly "slip by" the WH. Comey would have informed WH re Ashcroft hospitalization ...
Edited on Mon May-21-07 04:53 PM by tiptoe
immediately upon first opportunity and his temporary role as acting-AG. This could have been as early as the morning of Friday, March 5 (going by the fact Ashcroft was taken to the hospital the afternoon of the day "one week before the March 11 deadline."). Presumably Comey also appeared at the WH on Monday, March 8. "And over the next week -- particularly the following week, on Tuesday [March 9] -- we communicated to the relevant parties at the White House and elsewhere our decision that as acting attorney general I would not certify the program as to its legality..."

Transcript, Senate Judiciary Committee Hearing on U.S. Attorney Firings
...
COMEY: In the early part of 2004, the Department of Justice was engaged -- the Office of Legal Counsel, under my supervision -- in a reevaluation both factually and legally of a particular classified program. And it was a program that was renewed on a regular basis, and required signature by the attorney general certifying to its legality. And the -- and I remember the precise date. The program had to be renewed by March the 11th, which was a Thursday, of 2004. And we were engaged in a very intensive reevaluation of the matter. And a week before that March 11th deadline, I had a private meeting with the attorney general for an hour, just the two of us, and I laid out for him what we had learned and what our analysis was in this particular matter. And at the end of that hour-long private session, he and I agreed on a course of action. And within hours he was stricken and taken very, very ill...
SCHUMER: (inaudible) You thought something was wrong with how it was being operated or administered or overseen.
COMEY: We had -- yes. We had concerns as to our ability to certify its legality, which was our obligation for the program to be renewed. The attorney general was taken that very afternoon to George Washington Hospital, where he went into intensive care and remained there for over a week. And I became the acting attorney general. And over the next week -- particularly the following week, on Tuesday -- we communicated to the relevant parties at the White House and elsewhere our decision that as acting attorney general I would not certify the program as to its legality and explained our reasoning in detail, which I will not go into here. Nor am I confirming it's any particular program. That was Tuesday that we communicated that.
COMEY: The next day was Wednesday, March the 10th, the night of the hospital incident. And I was headed home at about 8 o'clock that evening, my security detail was driving me. And I remember exactly where I was -- on Constitution Avenue -- and got a call from Attorney General Ashcroft's chief of staff telling me that he had gotten a call...
SCHUMER: What's his name?
COMEY: David Ayers. That he had gotten a call from Mrs. Ashcroft from the hospital. She had banned all visitors and all phone calls. So I hadn't seen him or talked to him because he was very ill. And Mrs. Ashcroft reported that a call had come through, and that as a result of that call Mr. Card and Mr. Gonzales were on their way to the hospital to see Mr. Ashcroft.
SCHUMER: Do you have any idea who that call was from?
COMEY: I have some recollection that the call was from the president himself, but I don't know that for sure. It came from the White House. And it came through and the call was taken in the hospital.
...


Schumer should call on David Ayers and, if necessary, Mrs. Ashcroft to learn who it was from the White House that called the evening of March 10. (Conspiracy to defraud the U.S.? see Comey’s Evidence Of A Crime Michael Collins)
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gkhouston Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 01:50 PM
Response to Reply #52
56. well yes, but Gonzo didn't recall having done that. Bad memory, you know.
Edited on Mon May-21-07 01:51 PM by gkhouston
;-)
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yellowcanine Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 02:14 PM
Response to Original message
59. More "dog ate my homework" excuses. Does this crowd EVER take responsibility for anything?
"Adults in charge" indeed.
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Mind_your_head Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 02:36 PM
Response to Original message
61. Totally Absurd Excuse
"Gonzales and Card were unaware that Comey was acting A.G."

ridiculously unreasonable, unsound, and incongruous excuse!

:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:

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Lugnut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 03:13 PM
Response to Original message
64. What the hell does he know?
Apparently it's not much. He's either a nitwit or a liar. Or both.
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krkaufman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 03:36 PM
Response to Original message
65. What's worse...? Knowingly doing an end-around the acting AG...?
... or being so clueless as to think a drug-stupored decision by a critically-ill man would have any legal standing?
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Supersedeas Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 04:34 PM
Response to Original message
67. disgusted and livid -- but the GOP/Corp Media sees no there, there
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Rydz777 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 04:36 PM
Response to Original message
68. "Ignorance of the law is no excuse" = Law School 101. eom
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WI_DEM Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 04:37 PM
Response to Original message
69. so, the WH councel didn't know about the transfer of powers? yeah, right
he's either lying or incompetent.
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geniph Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 07:47 PM
Response to Original message
71. Then he's too stupid to be allowed out in public unattended.
Lame!
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 07:50 PM
Response to Original message
72. Even the NYT knew
From the article on Ashcroft's gallbladder surgery, Mar. 10th, 2004:

http://query.nytimes.com/gst/fullpage.html?sec=health&res=9F06E6D9143EF933A25750C0A9629C8B63

Dr. Abell said it was too early to tell when Mr. Ashcroft might be able to return to work. The attorney general has canceled his appearances for this week, including testimony scheduled for Wednesday before a House appropriations subcommittee. James Comey, the deputy attorney general, has been overseeing Justice Department operations in his absence.


Bolding mine.
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Patsy Stone Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 08:48 PM
Response to Original message
74. Comey and the Phone Companies' Role in the NSA Program (by Shayana Kadidal at HuffPost)
X-posted from marmar's thread here: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x282621

Shayana Kadidal
05.20.2007
Comey and the Phone Companies' Role in the NSA Program (2 comments )

On Friday, professional administration apologist Douglas Kmiec published an op-ed in the Washington Post in which he criticizes former Deputy AG James Comey's testimony as "staggeringly histrionic," claims the media's analogies between the threatened mass resignations (of Comey, Ashcroft and FBI Director Mueller) to Watergate's Friday Night Massacre are absurd, and then (correctly) notes that the president, not the Attorney General or anyone else in DOJ, has the last word on exactly which interpretation of federal laws the rest of the executive branch will follow.

Over at the Balkinization blog, Marty Lederman of Georgetown Law School breaks down Professor Kmiec's op-ed, and zeros in on one of the most interesting issues that Kmiec (perhaps inadvertently) highlights: "Why did the president seek the AG's signature, anyway, if it wasn't required by statute and the president could have the final word?"

For my money, the most intriguing answer Professor Lederman provides is that "the signature might have been necessary to induce the requisite private actors -- telecom companies in particular -- to continue to go along with the program." (Orin Kerr, a more conservative expert on surveillance issues, concurs.)

Here's how that would work: the Wiretap Act contains a section, 18 USC 2511(2)(a)(ii), that allows telecom providers and other private parties (e.g. your landlord) to help the government carry out electronic surveillance if those private parties have been "provided with ... a court order" or "a certification in writing by ... the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required."

...(snip)...

Let's just be clear what this means. Congress can pass all the privacy legislation it wants to keep your phone calling records, banking records, stored emails, etc. private. But if some private telecom company decides that terrorist attacks are "expected" and that turning over all this statutorily-protected information to the executive "may" be helpful to law enforcement, the telephone company's First Amendment rights to do that trump Congress' power to preserve your privacy. No matter what privacy laws Congress tries to pass, the First Amendment voids them all if the phone company decides it wants to ignore them.

Imagine this: an out-of-control, lawless executive starts a rampage of privacy violations by getting information on innocent citizens' phone calls, emails, and internet searches from private telecom companies. Congress overwhelmingly passes a bill to curtail the abuses by regulating those private parties, overriding the president's veto in the process. Isn't this a normal use of the political process? According to Verizon, no. Your elected officials don't get to decide. Your telecom company gets to decide. ......(more)

The complete piece is at: http://www.huffingtonpost.com/shayana-kadidal/comey-and-the-phone-compa_b_48928.html
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wordpix Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-21-07 08:57 PM
Response to Original message
75. if the Chimperor didn't know Comey was acting AG he should be fired as C-in-Chief
It's proof he's just too stupid to be commanding our armed forces. But my bet is he's a liar as usual.
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tmlanders Donating Member (149 posts) Send PM | Profile | Ignore Mon May-21-07 09:32 PM
Response to Original message
76. I was not aware
I do not recall
I do not remember

Gonzo is either the stupidest person ever, or the most corrupt

:dunce: :dunce: :dunce:
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Secular Agent Man Donating Member (229 posts) Send PM | Profile | Ignore Mon May-21-07 10:03 PM
Response to Original message
77. Carter was right!!! n/t
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Major Hogwash Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-22-07 12:54 AM
Response to Original message
78. "We don't know who's in charge of the Justice Department."
No shit!
I've been asking that myself for the last 6 years!!
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blogslut Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-22-07 02:18 AM
Response to Original message
79. Paintbrush = Corner
Edited on Tue May-22-07 02:19 AM by blogslut
The Bush administration is in a pretty tight spot and they did it all by themselves, like big boys!

Think about it, Bush just plain cannot afford to let Gonzo go. He would lose both his enforcer and his protector. He would have to nominate a new AG and there's no way that nominee will bypass the scrutiny of a Democratically controlled Senate. If Gonzo stays, he has to keep playing the stupid card. They can't win whatever they do. They've painted themselves in their own corner and it's delightful to watch. :)
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autorank Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-22-07 06:41 AM
Response to Original message
80. Yeah, and I forget that Bush is president everytime I go to sleep.

We're in desperate excuse time. What a lame one that is.

I suppose the next thing he'll say is "The dog ate my homework!"
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SpiralHawk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-22-07 07:00 AM
Response to Original message
81. blatant lies: standard operating procedure for BushCo republicons
Why do republicons lie all the time to the American people?

Republicons = no integrity, no honor.
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Marie26 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-22-07 08:30 AM
Response to Original message
82. Blatant, obvious lie.
It's like they don't even care anymore if anyone believes them. That's about as credible as "the dog ate my homework." Gonzales should stick with "I don't recall."
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