Wednesday, July 25, 2007

Gonzales hit over firings, terror fight - Deceit, misconduct alleged at Senate committee hearing

Gonzales hit over firings, terror fight - Deceit, misconduct alleged at Senate committee hearing
By Lara Jakes Jordan |
Copyright © 2007, Chicago Tribune and The Associated Press
July 25, 2007

WASHINGTON - Angry senators suggested a special prosecutor should investigate misconduct at the Justice Department, accusing Atty. Gen. Alberto Gonzales on Tuesday of deceit on the prosecutor firings and President Bush's eavesdropping program.

Democrats and Republicans alike hammered Gonzales in four hours of testimony as he denied trying, as White House counsel in 2004, to push a hospitalized attorney general into approving a counterterror program that the Justice Department then viewed as illegal.

Gonzales vowed anew to remain in his job even as senators told him outright they believe he is unqualified to stay.

"It's hard to see anything but a pattern of intentionally misleading Congress again and again," Sen. Russell Feingold (D-Wis.) told Gonzales during the often-bitter Senate Judiciary Committee hearing. "Shouldn't the attorney general of the United States meet a higher standard?"

"Obviously, there have been instances where I have not met that standard, and I've tried to correct that," Gonzales said.

The hearing rekindled a political furor that began with last year's firings of nine U.S. attorneys and led to disclosure of a Justice Department hiring process that favored Republican loyalists. Gonzales has Bush's support, despite repeated calls for his resignation.

"Of course the president continues to have full confidence in the attorney general," White House spokesman Tony Fratto said after the hearing ended.

Executive privilege

In one withering exchange, Sen. Arlen Specter (R-Pa.) noted a potential need for a special prosecutor to bring congressional contempt citations against two White House officials who have refused to testify about the U.S. attorney firings.

Normally, the U.S. attorney in Washington would bring such criminal contempt cases. But the Justice Department, in a letter sent to lawmakers Tuesday, said criminal contempt of Congress law "does not apply" to the president or his aides when they invoke executive privilege.

Despite repeated questions, Gonzales refused to say whether he would allow a presidentially appointed U.S. attorney to investigate White House aides.

That leaves open the door for presidents to shut down the checks and balances of congressional oversight, Specter said.

"You're asking me a question that's related to an ongoing controversy," Gonzales protested.

"Would you focus on my question for just a minute, please?" Specter asked.

He added: "I'm not going to pursue that question, Mr. Attorney General, because I see it's hopeless."

Hospital visit

In another flash point, Gonzales denied he tried to pressure the ailing then-Atty. Gen. John Ashcroft into renewing the counterterror program in March 2004, as recounted in testimony earlier this year by former Deputy Atty. Gen. Jim Comey. At the time, Ashcroft refused to give his OK to Gonzales and then-White House Chief of Staff Andrew Card, saying he had delegated authority to make that decision to Comey, who questioned the program's legality.

Gonzales described the encounter at Ashcroft's hospital bedside as having come at the bidding of congressional leaders who urged the administration to continue the program. He said he and Card "didn't press him. We said, 'Thank you,' and we left."

Later, Sen. Jay Rockefeller, top Democrat on the Senate Intelligence Committee, said Gonzales was "untruthful" Tuesday in describing the White House meeting where the congressional leaders supposedly approved continuing the program. Former Senate Democratic leader Tom Daschle, who also would have been included, said in a statement he has "no recollection of such a meeting and believe that it didn't occur."

Justice spokesman Brian Roehrkasse said Gonzales stands by his testimony.

Senators also accused Gonzales of misleading them a year ago when he testified there were no internal objections to the eavesdropping program that targeted suspected terrorists in the United States. Gonzales, however, said the hospital confrontation dealt with a different intelligence program that he would not identify.

"There's a discrepancy here in sworn testimony," said committee Chairman Patrick Leahy (D-Vt.) "We're going to have to ask who's telling the truth, who's not."

When asked why he would not resign, Gonzales replied, "Ultimately I have to decide whether or not it would be better for me to leave or just stay and try to fix the problems. I've decided to stay and fix the problems."
- - -

Attorney general trades barbs with committee

SENATORS TO GONZALES

Sen. Patrick Leahy (D-Vt.), Judiciary Committee chairman: "I don't trust you."

Sen. Arlen Specter (R-Pa.), the committee's senior Republican: "I do not find your testimony credible."

Sen. Charles Schumer (D-N.Y.) "You just constantly change the story, seemingly to fit your needs to wiggle out of being caught."

GONZALES TO SENATORS

To Sen. Herb Kohl (D-Wis.) when he asked about closing the Guantanamo Bay prison: "I guess we could turn them loose, senator."

To Sen. Dick Durbin (D-Ill.): "I'm not going to get in a public discussion here."

To Sen. Sheldon Whitehouse (D-R.I.) when he asked about FBI Director Robert Mueller: "I'm not Director Mueller."

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