[NYTr] Documents Detail Ashcroft-Gonzales Confrontation

[All the News That Doesn't Fit]

sent by rick kissell

The Washington Post - Aug 16, 2007


Documents Detail Ashcroft-Gonzales Confrontation

Mueller's Notes Chronicle Legal Dispute Over Wiretapping Program

By Dan Eggen
Washington Post Staff Writer

Then-Attorney General John D. Ashcroft was "feeble" and "barely 
articulate" following a hospital room confrontation in March 2004 with 
Alberto R. Gonzales, who wanted Ashcroft to approve a warrantless 
wiretapping program over Justice Department objections, according to 
personal notes from the FBI director released today.

Five pages of heavily censored notes from FBI Director Robert S.
Mueller III also suggest that Ashcroft's deputy was so concerned about
undue pressure from Gonzales and other White House aides that he asked
Mueller to bar any more visitors from entering Ashcroft's room.

"Saw AG," Mueller writes in his notes for 8:10 p.m. on March 10, 2004. 
"Janet Ashcroft in room. AG in chair; is feeble, barely articulate, 
clearly stressed."

The records also show that Mueller met with Vice President Cheney in 
connection with the dispute later in the month, on March 23.

The notes, which were released after Mueller turned them over to the 
House Judiciary Committee, provide further insight into a tumultuous
but secret legal battle that gripped the Justice Department and White
House in March 2004, after senior Justice Department officials had
determined that some activities of a warrantless wiretapping program
run by the National Security Agency were illegal.

Although the broad outlines of the legal dispute have been reported in 
media accounts dating to early 2006, the episode has attracted sharp 
attention from Congress in recent months following testimony from James 
B. Comey, the former deputy attorney general under Aschroft.

Comey described in vivid detail his rush to Ashcroft's bedside prior to 
the visit from Gonzales, who was White House counsel at the time, and 
White House chief of staff Andrew Card. Comey testified that he was 
angered because he believed Gonzales and Card were attempting to take 
advantage of a sick man.

Mueller's description of Ashcroft's physical condition stands in stark 
contrast to testimony last month from Gonzales, who told the Senate 
Judiciary Committee that the former attorney general was "lucid" and 
"did most of the talking" during the brief meeting.

"We were there maybe five minutes, five or six minutes," Gonzales said. 
"Mr. Ashcroft talked about the legal issues in a lucid form, as I've 
heard him talk about legal issues in the White House."

Mueller, who had been dining with his wife and daughter, did not reach 
Ashcroft's hospital room until after Gonzales and Card had left. But 
Comey recounted the meeting in detail, including a comment from
Ashcroft indicating that he did not feel fully informed about the
warrantless wiretapping effort.

"The AG also told them that he was barred from obtaining advice he 
needed on the program by the strict compartmentalization rules of the 
WH," according to Mueller's notes.

Rep. John Conyers Jr. (D-Mich.), chairman of the House Judiciary 
Committee, said in a statement that Mueller's notes "confirm an attempt 
to goad a sick and heavily medicated Ashcroft to approve the
warrantless surveillance program."

"Particularly disconcerting is the new revelation that the White House 
sought Mr. Ashcroft's authorization for the surveillance program, yet 
refused to let him seek the advice he needed on the program," Conyers
said.