FBI Director Mueller's Testimony Bad News For Gonzales

Posted on July 26, 2007

There is more bad news for President Bush and his most loyal Bushie, Attorney General Alberto Gonzales. Today, FBI Director Robert Mueller gave testimony that flatly contradicted the testimony of his boss, Alberto Gonzales. Despite what Gonzales testified to under oath, Mueller today affirmed that what was discussed in then Attorney General Ashcroft's hospital ICU room was indeed the warrantless wiretap program which Ashcroft himself refused to approve because he thought it was illegal.

The purpose of the late-night visit to a sedated and very ill Ashcroft, was to override acting attorney general James Comey's refusal to approve the program. Comey testified as to what happened at the dramatic bedside visit. During the visit, Ashcroft told Gonzales and Card that he wasn't currently the attorney general, and that they had to talk to Comey. At that point, Gonzales and Card retired from the hospital room in defeat.

At the time, Mr. Gonzales was the White House counsel, and Mr. Ashcroft was recovering from gall bladder surgery. That March night, Mr. Gonzales went to the hospital room with Andrew H. Card Jr., then White House chief of staff. In his testimony before the Senate panel on Tuesday, Mr. Gonzales said the subject in the hospital room was "intelligence activities" under debate in the administration, but not the secret eavesdropping program.
But Mr. Mueller contradicted that version of events today, several hours after four Senate Democrats called for the appointment of a special counsel to investigate whether Mr. Gonzales perjured himself before Congress. Mr. Mueller was testifying at an F.B.I. oversight hearing when he was questioned by Representative Sheila Jackson Lee, Democrat of Texas. "Did you have an understanding that the conversation was on T.S.P.?" the Congresswoman asked, using the shorthand for terrorist surveillance program. "I had an understanding the discussion was on an N.S.A. program, yes," Mr. Mueller replied, using the abbreviation for the National Security Agency. A moment later, he added that the discussion was on the warrantless eavesdropping program "that has been much discussed, yes."
The conflict in accounts could be significant, because Mr. Gonzales's critics have accused him of trying to convey the false impression that the N.S.A. program had spawned no serious dissension within the Bush administration. But former Deputy Attorney General James B. Comey has testified that Justice Department lawyers were balking at recertifying the program early in 2004 and that he thought Mr. Gonzales and Mr. Card rushed to the hospital to persuade Mr. Ashcroft, who was not at full capacity, to overlook his own objections to the program.
Mr. Mueller said that after receiving a call from Mr. Comey he went to the hospital, arriving shortly after Mr. Gonzales and Mr. Card left, and that after he spoke with Mr. Ashcroft he understood that the N.S.A. program was indeed the focus of the dramatic bedside encounter. There have been repeated instances in which lawmakers have questioned Mr. Gonzales's competence and his recollection of events. But today's developments seemed to mark a shift toward suggestions that he actually committed crimes in testifying before Congress.

Sources inside the White House have repeatedly told The New York Times that they are astounded that Gonzales hasn't been forced to resign, because his continued tenure at Justice makes Bush look like he's hiding something and that these hearings are really hurting Republicans. Today's devastating testimony from Director Mueller has kicked this investigation up a notch, perhaps into the level of a criminal nature.