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Monday, July 30, 2007

International Herald Tribune Editorial - Gonzales' never-ending story

International Herald Tribune Editorial - Gonzales' never-ending story
Copyright by The International Herald Tribune
Published: July 29, 2007

President Bush often insists he has to be the decider - ignoring Congress and the American public when it comes to the tough matters on war, terrorism and torture. Apparently that burden does not apply to the functioning of the Justice Department.

Americans have been waiting months for Bush to fire Attorney General Alberto Gonzales. Bush refused to fire him after it was clear Gonzales lied about his role in the political purge of nine federal prosecutors. And he is still refusing to do so - even after testimony by the FBI director, Robert Mueller, that suggests that Gonzales either lied to Congress about Bush's warrantless wiretapping or at the very least twisted the truth so badly that it amounts to the same thing.

Gonzales has now told Congress twice that there was no dissent in the government about Bush's decision to authorize the National Security Agency to spy on Americans' international calls and e-mails without obtaining the legally required warrant. Mueller and James Comey, a former deputy attorney general, say that is not true. Not only was there disagreement, but they also say that they almost resigned over the dispute.

Both men say that in March 2004 - when Gonzales was still the White House counsel - the Justice Department refused to endorse a continuation of the wiretapping program because it was illegal. (Comey was running the department temporarily because Attorney General John Ashcroft had emergency surgery.) Unwilling to accept that conclusion, Vice President Dick Cheney sent Gonzales and another official to Ashcroft's hospital room to get him to approve the wiretapping.

Comey and Mueller intercepted the White House team, and they say they watched as a groggy Ashcroft refused to sign off on the wiretapping. Comey said the White House later modified the eavesdropping program enough for the Justice Department to sign off.

Last week, Gonzales denied that account. He told the Senate committee the dispute was not about the wiretapping operation but was over "other intelligence activities."

Lawmakers who have been briefed on the administration's activities said the dispute was about the one eavesdropping program that has been disclosed. So did Comey. And so did Mueller, most recently on Thursday in a House hearing. He said he had kept notes.

That was plain enough. It confirmed that Gonzales is more concerned about doing political-damage control for Bush than in doing his duty.

As far as we can tell, there are three possible explanations for Gonzales' talk about a dispute over other - unspecified - intelligence activities. One, he lied to Congress. Two, he used a dodge to mislead lawmakers and the public: The spying program was modified after Ashcroft refused to endorse it, which made it "different" from the one Bush has acknowledged. The third is that there was more wiretapping than has been disclosed, perhaps even purely domestic wiretapping, and Gonzales is helping Bush cover it up.

Democratic lawmakers are asking for a special prosecutor to look into Gonzales' words and deeds. Solicitor General Paul Clement has a last chance to show that the Justice Department is still minimally functional by fulfilling that request. If that does not happen, Congress should impeach Gonzales.

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