A short while ago, the Associated Press reported that Alberto Gonzales has agreed to testify before the Senate — under oath — on the domestic spying program.
Gonzales said he reached an agreement with Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee, to answer questions about the legal basis for the National Security Agency’s warrantless eavesdropping on telephone conversations between suspected terrorists and people in the United States.
“We believe the legal authorities are there,” Gonzales said at a news conference at the Justice Department. “The president acted consistent with his legal authority in a manner that he thought was necessary and appropriate to protect the country against this new kind of threat.”
The attorney general said he will not discuss operational aspects of the program at the hearing, which is expected to occur next month. Specter said Sunday that he had asked Gonzales to testify publicly.
More details and reaction to follow, as they become available.
(Update: Here’s the transcript of the press conference in which Gonzales commented about his upcoming appearance. Note how he dodges repeated questions about his direct involvement in promulgating the Administration’s policy, and whether reporters who disclosed elements of the program could be jailed for disclosing classified information.)
These hearings will still most likely be little more than a dog-and-pony show for the Administration to appear to be cooperating with the Congressional investigation, but of course there’s always a wee little bit of hope that under oath, someone such as Gonzales could say something that either a) opens up another can of worms for the Bushies, or b) is plainly perjurious.
With Gonzales, who was White House counsel at the time that the domestic surveillance program was formally approved in secret, there’s obviously a real opportunity to box him into a corner. I wonder if — should the questions get a little bit too uncomfortable — Gonzales might resort to having to assert his 5th Amendment rights. Either way, he’s got to know that at minimum, there will be people gunning for him.
All in all, there’s clearly the possibility for some fireworks, and a slightly lesser chance that some actual good could result, in the form of real oversight. But I wouldn’t hold my breath. Chances are, it will mostly end up being an opportunity for the GOP senators to huff and puff about how important our liberties are and how the Administration has satisfied them that the only people who’ve been spied upon are those who are “seeking to destroy the American way of life”, or some such nonsense.
But you never know.
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In the committee’s secure hearing room where any use of info will be illegal
© Patrick S. Poole – 1999/2000
NOTE: The publication date of this paper is 1998, so it does not reflect the changes made to FISA by the 2001 Patriot Act, nor considers the FISA Courts decisions and policies since that time.
For my more recent thoughts on this subject in light of the recent New York Times article, see this blog entry, FISA, ECHELON and Much Ado About Nothing (12/23/2005), and for a response to Hugh Hewitt’s misrepresentation of this paper, see this blog response. Also see my 1998 paper, ECHELON: America’s Global Surveillance System.
● NSA Russell Tice Warns Domestic Spying Program Is Sign the U.S. is Decaying Into a “Police State”
“Treason doth never prosper: what’s the reason?
For if it prosper, none dare call it treason.”
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Yeah, I think this could have been an important development but the Gonzales said he reached an agreement with Sen. Arlen Specter, R-Pa., sent my hope crashing against the rocks.
This will end up being another whitewash that gives credibility and absolution to well hidden sins.
Maybe I’m just the owner of the most dense head on the planet but this isn’t a question of whether or not we’ll get oversight. This is a question of the pResident admitting to an impeachable offense on national television as John Dean said.
They either went to Fisa for authorization or they didn’t. They have a high burden to meet here. If they were so unconcerned that they were in no legal jeopardy they wouldn’t have kept it secret and they damn sure wouldn’t have asked the NYT not to print the story. The fact that they’re going so hard after the leaker too is very telling. I’d be interested to hear the testimony of the justice who’s resigned from the Fisa court in protest of Bush’s actions.
If the technology developed to a point that was not previously included or excluded by FISA then it will be a different matter.
Your queries seem very low ‘density’ to me.
High standard to meet, indeed.
Maybe they are encouraged by some opinion polls that seemed to indicate some public support.
If you think you own the most dense head on the planet, think again–I had the exact same thought!
Hi R.
Can a testimony before the Committee not be under oath?
And greetings to you, as well.
Since this is being characterized as formal testimony, that’s the basis for my claim that it will be under oath. Had Gonzales only agreed to an off-the-record meeting with the committee (which I had heard was a definite possibility), that obviously would not be under oath. It’s the fact that he has agreed to appear — and appear in public — before the committee that makes this notable to me. Here’s what Gonzales said about his appearance at today’s press conference:
If this were to be merely a meeting or briefing with the committee, there would be no clear-cut legal sanction if Gonzales were to flat-out lie. Since the Administration has more than enough probems already, I’d expect plenty of evasive, lawyerly non-answers. (Sort of like one of their old standbys, “We are not engaged in the practice of torture,” which in a technical sense only means that at the time of the statement, the activity is not occurring; it may have taken place yesterday or tomorrow, however.)
I wonder if we’re ever going to have another NYC-area meetup — it’s been a while.
Ah, just back in from Malaysian.
Thank you for the clarification. I agree, since it is a formal testimony.
But if the full scope of this sordid story is ever fully exposed, then perjury will be the least of his problems.
Re meet-up. Believe I saw Jane hinting a couple of months ago, but nothing came thereof. It is about time, I’ll send her an e-mail tomorrow, maybe we can get it started.
Wow, you go the the most interesting places. Me, I generally try to avoid having to travel for the client because the potential locations are not exactly the safest destinations (not that your travels are taking you to the world’s glamour resorts).
All I have for JaneKnowles is her gmail address, and I sort of recall that at some point she’d suggested that there was a better address to use which she checks more frequently. Hopefully you have that one.
In terms of Gonzales, I mention perjury only because it could potentially be the simplest to prove beyond a reasonable doubt, whereas his involvement in the underlying scandal could get completely tangled up in issues of discretionary authority of the unitary executive, which has been the focal point of much questioning of Alito this past week and will itself doubtless be the principal concern during next month’s committee hearings as well.
In this case; Malaysian=dinner 🙂
Two blocks from home.
Found her aol-address in the August invite.
And I fully agree with you; perjury would be the beginning. But my sense is that if it gets to the point where the AG is prosecuted for purjury, then the entire mess will eventually unravel.
What I was trying to get at initially was that if the AG gets tripped up with a perjury charge, that would be just the beginning, much as the Scanlon charges led to the Abramoff plea, which has led to DeLay and Ney, and who knows how many other corrupt Republicans.
Given your professional background, I’d completely overlooked the “n” at the end of the word and just figured that you’d been over in Southeast Asia for a bit, not just out at dinner. Oh, well, not every trip has to mean travelling across many time zones to be enjoyable!
(I may not be able to check BMT for the rest of the weekend — it takes forever to load and is rather clunky on a Blackberry, so if you hear back from JaneKnowles, you could possibly contact me at my regular e-mail address with any advance info. Take care!)
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As I have repeatedly signaled the Europeans are backing away from U.S. policy in Iraq and Afghanistan, this can be underlined by the stand of Angela Merkel and other heads of state in the EU.
Today Swiss delegate doing investigation for Council of Europe gets the news headlines:
Swiss senator Dick Marty, carrying out an inquiry into claims the CIA has run illegal secret detention centres in Europe, has said he has no doubt they exist.
Dick Marty accused the US of violating human rights and attacked European nations for their “shocking” passivity in the face of such violations. He is due to give a preliminary report to the Council of Europe on 23 January.
The US has refused to confirm or deny the allegations over secret prisons. It has denied using or condoning torture.
Speaking to journalists in Switzerland, he said he was personally convinced the US had undertaken illegal activities in Europe in transporting and detaining prisoners. However, he acknowledged he had yet to produce concrete proof and said he expected his inquiry to last another 12 months.
“The question is: was the CIA really working in Europe? I believe we can say today, without a doubt, yes.” Washington’s policy “respects neither human rights nor the Geneva Conventions”, Marty said.
He cited as evidence the case of Egyptian cleric and terror suspect Osama Mustafa Hassan, also known as Abu Omar, who was allegedly kidnapped by CIA agents from Milan in 2003 and flown to Egypt for interrogation.
Investigator believes CIA flouted law in Europe
● Council of Europe support for IHRC position
● Dutch Cabinet Affirms Decision to Support the EU/Nato ISAF Operation with 1,300 troops in Uzurgan province, Afghanistan
● A Swiss Leak ¶ CIA Secret Prisons Exposed & EU Investigation
“Treason doth never prosper: what’s the reason?
For if it prosper, none dare call it treason.”
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