Takeaways from the Ashcroft Hospital Bed Story
Marty Lederman is right. James Comey's testimony today reads like the script of a Hollywood movie. If you haven't yet had a chance to read the transcript, it's highly worth your time (if you're in a hurry, skip the intros and just read the initial Schumer-led questioning). There are some classic scenes:
And that doesn't even include the part where virtually everyone of importance in the Justice Department threatens to resign. It would make for a fascinating movie of the "A Few Good Men" genre.
Unfortunately, the story doesn't have a happy ending (at least yet). The unlikely protagonist of the story, John Ashcroft, was later replaced by the guy who tried to convince him to sign an important legal document that 1) contradicted the reasoned legal opinion of the Justice Department and 2) he had neither the official authority nor the legal capacity (due to his heavily-medicated state) to sign.
Think about that for a second. This man is now our Attorney General. What an absolute disgrace.
It's probably also worth expanding on a few other lessons from this story.
First, it appears that the White House was willing (and in fact did, for a time) authorize a program that the Justice Department--including the Attorney General, the Deputy Attorney General, the head of the OLC, and the FBI Director--had determined to be illegal. And if all of these people had not threatened to simultaneously resign, it is very likely that the White House would simply have continued renewing this program without the Justice Department's blessing.
That's a rather stunning fact, and one that I wish at least a few mainstream journalists would attempt to grasp the significance of. The White House authorized a program that everyone of significance in the Justice Department had determined to be lacking any legal basis. They willfully violated the law.
Second, Alberto Gonzales acted in a manner that is, at the very least, ethically questionable. Not only was he attempting to circumvent James Comey's lawful authority as the acting Attorney General, but he was seeking to have someone who'd had major surgery the day before and who was heavily-medicated, execute an important legal document. That's an incredibly shady thing to do, the kind of thing that can get an attorney sanctioned or disbarred.
Third, implicit in the behavior of both Comey and Robert Mueller is a complete distrust of both Card and Gonzales. Mueller gave his instruction to the agents outside Ashcroft's room because he was worried what might happen in there if there were no witnesses. That doesn't speak very highly of Gonzales' reputation or perceived integrity.
Fourth, as Glenn pointed out earlier today, the Bush Administration has clearly been trying to keep this story from coming out for a long time, and has often resorted to lying about it. I can see why.
This is a shameful episode and I hope that--amidst all the other stories today--this one manages to gain the traction it deserves.
- Comey learns--via Ashcroft's wife--that Gonzales and Card are on their way to the hospital. He immediately orders his driver to turn around and head to the hospital with sirens blazing and he places a call to the head of the FBI, who promises to meet him at the scene.
- Comey gets out of the car and literally runs up the stairs to Ashcroft's room.
- Mueller, the head of the FBI, asks Comey to hand his phone to the agents outside Ashcroft's door. He orders them not to allow Comey to be removed from the room under any circumstances.
- Comey tries to explain the situation to a clearly groggy and disoriented Ashcroft.
- Minutes later, Gonzales and Card arrive. They enter the room with papers in hand, without acknowledging Comey's presence.
- After hearing Gonzales' pitch, Ashcroft somehow manages to find the strength and temporary focus to sit up and coherently explain to Gonzales why the program is illegal. He then says that it doesn't matter anyway because he's not the Attorney General. He points at Comey and says "he's the Attorney General."
- Card and Gonzales storm out and soon thereafter Comey gets an angry call from Card demanding that he come to the White House. Comey tells him: "After what I just witnessed, I will not meet with you without a witness, and I intend that witness to be the solicitor general of the United States."
- Card replies "What conduct? We were merely there to wish him well."
And that doesn't even include the part where virtually everyone of importance in the Justice Department threatens to resign. It would make for a fascinating movie of the "A Few Good Men" genre.
Unfortunately, the story doesn't have a happy ending (at least yet). The unlikely protagonist of the story, John Ashcroft, was later replaced by the guy who tried to convince him to sign an important legal document that 1) contradicted the reasoned legal opinion of the Justice Department and 2) he had neither the official authority nor the legal capacity (due to his heavily-medicated state) to sign.
Think about that for a second. This man is now our Attorney General. What an absolute disgrace.
It's probably also worth expanding on a few other lessons from this story.
First, it appears that the White House was willing (and in fact did, for a time) authorize a program that the Justice Department--including the Attorney General, the Deputy Attorney General, the head of the OLC, and the FBI Director--had determined to be illegal. And if all of these people had not threatened to simultaneously resign, it is very likely that the White House would simply have continued renewing this program without the Justice Department's blessing.
That's a rather stunning fact, and one that I wish at least a few mainstream journalists would attempt to grasp the significance of. The White House authorized a program that everyone of significance in the Justice Department had determined to be lacking any legal basis. They willfully violated the law.
Second, Alberto Gonzales acted in a manner that is, at the very least, ethically questionable. Not only was he attempting to circumvent James Comey's lawful authority as the acting Attorney General, but he was seeking to have someone who'd had major surgery the day before and who was heavily-medicated, execute an important legal document. That's an incredibly shady thing to do, the kind of thing that can get an attorney sanctioned or disbarred.
Third, implicit in the behavior of both Comey and Robert Mueller is a complete distrust of both Card and Gonzales. Mueller gave his instruction to the agents outside Ashcroft's room because he was worried what might happen in there if there were no witnesses. That doesn't speak very highly of Gonzales' reputation or perceived integrity.
Fourth, as Glenn pointed out earlier today, the Bush Administration has clearly been trying to keep this story from coming out for a long time, and has often resorted to lying about it. I can see why.
This is a shameful episode and I hope that--amidst all the other stories today--this one manages to gain the traction it deserves.
15 Comments:
AL,
I don't know how many hits you get a day but however many it is, it should be more. Take care and thanks for your blog.
Does the ABA have any thing to say about our government attorneys acting like partisan witch doctors?
I'm a bit discouraged by the profession.
Think about that for a second. This man is now our Attorney General. What an absolute disgrace.
And Bush knew about it when he appointed Gonzo - which is probably WHY he appointed Gonzo.
Effing Scum. Pure Evil. No morals. No conscience.
Fourth, as Glenn pointed out earlier today, the Bush Administration has clearly been trying to keep this story from coming out for a long time, and has often resorted to lying about it. I can see why.
And it was not broadcast on any of the three C-SPAN networks today.
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All I say is Gonzo and the WH are in serious trouble. That is hitting pretty low blow and pure desperation to convince an incapacitated Ashcroft to support wiretapping program. This tells you how this Administration with zero feelings whose only concern is to get what they want from any person that is alive, six feet under or incapacitated. Just pure scum in my book!
That's a rather stunning fact, and one that I wish at least a few mainstream journalists would attempt to grasp the significance of.
...and Congress. Congress hears this testimony and just yawns.
It sounds more like "Clear and Present Danger" to me than "A Few Good Men"
Do you have a get out of jail free card, Jack?
This is a tired rehash of very old news. The New York Times and various lefty blogs tried to make hay out of this nonstory last year. They got no traction with the American people, who very sensibly found no problem with the NSA eavesdropping on al-Qaeda and their minions within the US. Comey is obviously axe grinding based on some personal animus against Alberto Gonzales. It is clear to any unbiased observer that Comey's story makes no sense and leads one to be thankful that our AG is the honest plain-spoken Gonzales and not a conniving schemer like Comey. Fortunately no one outside the liberal blogosphere and lefty rags in the Northeast and San Francisco are paying attention to these histrionics.
--Nabalzbbfr
nitpicking:
Having watched an 18 minute clip of Comey's testimony, it was not my impression that Ashcroft had been in surgery the day prior to the hospital room confrontation, which Comey said was on March 10. It was also not clear to me that Ashcroft was "heavily medicated" at that time, though that would be consistent with Comey's description of his own impressions.
I think Comey said Ashcroft had fallen ill six or seven days prior. I assumed the surgery followed soon after and that several days of recovery are what enabled Ashcroft to make so impressive (to Comey, apparently) a showing in response to Gonzales and Card.
Steeplebob,
Ashcroft had had surgery two days before, for gallstone pancreatitis. Surgery is no joke, pancreatitis makes you sick as a dog. He's not a young man. He was in critical condition, in intensive care.
That Ashcroft, under such circumstances, stood up to the attempt is a testimony to his strength of character.
--nablbabbler, the story was just televised (with Comey's testimony) on PBS. I expect it will have legs. It will certainly make The Daily Show, and that means your theory of it going nowhere is most likely wishful thinking.
This is a good story, the video is convincing. Comey is straightforward and detailed, unlike AGAG -- who can barely remember his name.
Brace yourself, nab. This is going to be bad. Kicking a man in intensive care is way below kicking him when he's down.
Just more antics from the Bush Crime Family...
Having watched an 18 minute clip of Comey's testimony, it was not my impression that Ashcroft had been in surgery the day prior to the hospital room confrontation, which Comey said was on March 10. It was also not clear to me that Ashcroft was "heavily medicated" at that time
Actually, I'm right. Ashcroft's gallbladder was removed on March 9, the day before the encounter with Gonzales and Card. Here's the press release from GW Hospital. And anyone who had an organ removed the prior day is, invariably, heavily-medicated.
As a lawyer of many years, a judge for almost a decade and a citizen for a lifetime, this incudent seriously scares me. All of the officials involved are sworn to defend and uphold the Constitution. Yet at least two of these executive officers of our government, one of whom is now our nations highest law enforcement official, deliberately and with forethought, attempted to suborn that document.
And the scariest thing is that this is not an isolated incident, it is part of a pattern and practice. This administration has consistently taken the position that if they disagree with a law they can either ignore it (publicly via signing statements or in secret as with the survielance programs), interpret it out of exsistence (a'la John Yoo and the Geneva Conventions and Habeus Corpus) and if all else fails, simply stack the Courts (or the Justice Department) with people who will redefine the law in their favor.
The only protection American citizens ultimately enjoy in this land is the consensual adherence by everyone, high and low, to the rule of law. If this adherence breaks down then the average citizen can not be secure in his/her home, privacy or person.
This incident should scare all citizens who care about the Constitutional structure of our country and even more importantly, the security of themselves and their families.
Thanks for article!
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