Tuesday, July 31, 2007

Cheney Not Helping Gonzales

Via Think Progress, here's what the Vice President said to Larry King tonight:
Q In that regard, The New York Times — which, as you said, is not your favorite — reports it was you who dispatched Gonzales and Andy Card to then-Attorney General John Ashcroft’s hospital in 2004 to push Ashcroft to certify the President’s intelligence-gathering program. Was it you?

THE VICE PRESIDENT: I don’t recall — first of all, I haven’t seen the story. And I don’t recall that I gave instructions to that effect.

Q That would be something you would recall.

THE VICE PRESIDENT: I would think so. But certainly I was involved because I was a big advocate of the Terrorist Surveillance Program, and had been responsible and working with General Hayden and George Tenet to get it to the President for approval. By the time this occurred, it had already been approved about 12 times by the Department of Justice. There was nothing new about it.

Q So you didn’t send them to get permission.

THE VICE PRESIDENT: I don’t recall that I was the one who sent them to the hospital.
So, according to Cheney, the hospital visit was about the "terrorist surveillance program," a program that had been approved many times prior to this 2004 encounter. Let's add that data point to the increasingly compelling case that Alberto Gonzales lied to Congress.

Also, for the record, let's duly note how spectacularly implausible it is that Dick Cheney doesn't "recall" whether he instructed Gonzales and Card to visit Ashcroft in the hospital. By all accounts, Cheney was singularly obsessed with this program, and Comey was refusing to sign off on it. And, needless to say, showdowns between high-ranking executive officials in hospital rooms are a relatively rare occurrence.

By way of comparison, here's how James Comey described this episode:
This was a very memorable period in my life; probably the most difficult time in my entire professional life. And that night was probably the most difficult night of my professional life. So it's not something I'd forget.
For all I know, Cheney routinely instructs people who don't work for him to try to get heavily- medicated officials to sign important legal documents from their hospital beds one day after having an organ removed. I doubt it, though. As Marty puts it:
What's interesting is that Cheney pretended to wrack his brain to recall whether he gave the fateful "instructions." As if that might actually have happened -- as if there would be nothing out of the ordinary if the Vice President had "instructed" the President's two closest advisers to try to squeeze a cabinet official.
Cheney really is a piece of work. Historians are going to have a field day with this presidency.

Meanwhile, on a somewhat tangential note, I found this Times article to be incredibly depressing. The headline: Democrats Scrambling to Expand Eavesdropping. The article claims that:
Under pressure from President Bush, Democratic leaders in Congress are scrambling to pass legislation this week to expand the government’s electronic wiretapping powers. . . .

Democrats appear to be worried that if they block such legislation, the White House will depict them as being weak on terrorism.
Oy. Just shoot me. I guess cowardly instincts are hard-wired in most Democrats. They're so used to being the minority party, so afraid of being labeled as weak. It's all they know. I know of no other way to explain why Democrats would be "scrambling" to amend a law that a president with a 28% approval rating has been violating for the last six years and claims he has the power to violate at will.

And this paragraph is straight out of political bizarro world:
Until recently, Democrats in Congress were reluctant to agree to changing the law, which was proposed by the White House in April. Democratic leaders said they did not want to amend it until the administration provided more information about how the security agency had secretly skirted the law earlier.

But the White House refused Congressional demands to turn over the secret legal opinions that had been used to justify the program of wiretapping without warrants, prompting the Senate Judiciary Committee to issue subpoenas to the administration in June.

Democrats now say they are willing to work with the White House on a narrow FISA bill.
Huh? So let me get this straight. The Democrats were reluctant to amend a law that the administration had been blatantly violating. They requested more information about how the administration was secretly violating the law and what their supposed justification was for doing so. The administration responded to these completely reasonable requests by stonewalling and refusing to turn over anything. The Democrats are now scrambling to amend the law.

How does that make any sense? What's the matter with these people?

Am I completely crazy to think that a necessary precondition to considering any amendment to FISA is a public assurance by the administration that it is not currently and will not in the future violate FISA?
Digg!

19 Comments:

Anonymous RandyH said...

A.L.-

You are not crazy. I agree completely. The Democrats should not even consider any changes to anything until they know what the administration has done in the past. Period.

Now, can you make any sense of this...

http://www.blah3.com/article.php?story=20070801005604262

I haven't looked through it all yet, but it does seem amusing. I thought you might like to take a look at it as well.

Just look at it. Bizarre. But looks like some insider trying to blow the whistle, anonymously through blog comments.

2:13 AM  
Anonymous casual observer said...

When Abu opened the most recent hearing with a written statement on the need to update FISA, Leahy later asked Abu if he had "ever communicated this to Specter or me previously?" Told Abu that he was in the phone book. Call any time. This was the first Leahy had heard of it. I haven't read the NYT article yet, but it sounds like the lowest of horseshit pieces to me.

Re: the mcconnel letter, it now seems clear that TSP label and concept is a complete piece of crap. There is ONE program, very diverse, that was created by ONE executive order, and was supposedly reauthorized every 45 days by ONE review. Congress needs to know what the complete range of activities are, regardless of where the Abu-bin-lying case goes. (and it should go straight to jail without passing go, but I digress...)

7:21 AM  
Anonymous Anonymous said...

THE VICE PRESIDENT: I don’t recall that I was the one who sent them to the hospital.

Sometimes an answer cries out for a follow up. It's frustrating when that happens and the interviewer moves on to another topic without asking a follow up.

I guess being an interviewer is harder than it looks.

7:34 AM  
Anonymous casual observer said...

also, cheney couldn't recall whether he sent the help-staff over to the hospital, but he DID remember that the program had been reauthorized "about 12 times" by that point?

Please.

His 'no recollection' could not be more carefully contrived. Abu said "we went over 'representing the president' (or something to that effect). Dollars to donuts cheney sent them. Some senator should ask Abu--"which president are you referring to?"

7:38 AM  
Blogger MLS said...

Am I completely crazy to think that a necessary precondition to considering any amendment to FISA is a public assurance by the administration that it is not currently and will not in the future violate FISA?

I suppose the answer to your question depends on whether refusing to adopt the hypothetical amendment would be harmful to national security. As long as the answer is no, then it is hard to see why there would be a problem with taking your position. If, however, the answer were yes, then I think that your position would be a good deal more problematic.

This is why I think that it is a mistake to focus on variations of the theme that the administration is lying, corrupt, violating the law, etc. There is enough evidence of the administration's unique combination of incompetence and arrogance that one is fully justfied, IMO, in not giving its national security policies a presumption of correctness, even if one assumes that all of those policies were adopted in good faith. This does not mean, however, that all (or any) of those policies are necessarily wrong. And I don't think this conclusion is changed by making attacks, justified or not, on the honesty and character of various administration officials.

Maybe what Congress should do is appoint a special joint committee (equally divided between the parties, like the 9/11 Commission) to review all of the policies at issue (wiretapping, detention, military tribunals, torture, etc) and make recommendations as to what should be done as to each. Such a committee could look at the degree to which each policy is (a)necessary to national security, (b)consistent or inconsistent with our traditional liberties and (c)permissible under current law. Hardly a perfect solution, but I can't think of a better one at the moment.

8:52 AM  
Blogger Adam said...

THE VICE PRESIDENT: I don’t recall that I was the one who sent them to the hospital.

Did anyone else noticed that the VP looked down and to the left (instead of making eye contact with King) when he made this claim? Who knew that the prince of darkness is such an awful lier?

9:45 AM  
Blogger mainsailset said...

I thought Cheney's choice of words to King were strange when Larry asked him about Abu and he replied "Al's got a tough ASSIGNMENT"

And about the NYT piece. Wouldn't be the first time our buttons are getting pushed by a planted piece set up to throw the Dems in the doghouse they so love to be in. Just sayin' it's an interesting way to frame the debate and I'm hopefully skeptical that it's a piece not a based in reality. (my sister calls me PollyAnna)

9:50 AM  
Anonymous ej said...

A.L., in case you haven't seen this, here's a recent version of the administration's bill to revise FISA: http://action.eff.org/site/DocServer/dni_20070727.pdf

10:38 AM  
Blogger Teethwriter said...

There was one part of the interview that redeemed Larry--during the Blitzer debriefing, King pretty much told the audience that he thought Cheney was lying, saying that the audience should judge the veracity of the VPs statements followed by an awkward silence (ergo--I (King) don't).

As for the Times piece I'm in the same bag as Main. It seems like they're trying to plant a seed (the dems are going to concede FISA to avoid being 'unpatriotic')rather than actually reporting on the issue. Note that out of all the Democrats there's only one quote by Reid which doesn't really clarify the Times' thesis. Heck, I don't even see a mystery source. Without further evidence it looks fishy.

10:58 AM  
Anonymous Anonymous said...

What was it that the Red Queen said to Alice about believing impossible things?

Something like "You're not trying hard enough. When I was your age I could believe 6 impossible things before breakfast."

11:11 AM  
Anonymous Anonymous said...

We need to make a good case for impeachment and tell our reps to get on board. They won't do it themselves.

11:21 AM  
Blogger Teethwriter said...

I might have spoke too soon, the AP's running the same story about the Dems wanting to expand FISA:

http://hosted.ap.org/dynamic/stories/B/BUSH_CONGRESS?SITE=CAANR&SECTION=HOME&TEMPLATE=DEFAULT

I'm speechless. It's like there's the Republicans and Republican-lite.

11:34 AM  
Anonymous Anonymous said...

Over the weekend Feingold had said that he had no problem with intercepting calls that originate and terminate outside the US (but pass through the US).

Granted there are concerns about auditing and making sure this is not abused, but is it really such a hot button topic?

1:38 PM  
Blogger LongHairedWeirdo said...

Well, I suppose the Dems could do something that would amend FISA that wouldn't be harmful... if there are any technicalities that are standing in the way of justified eavesdropping, for example.

But I agree, they should not be doing this "for" Bush.

At the same time, they are probably doing it for show. And if they do make a good law, I don't care if they do it now, for show.

If they did make a law, it'd be a *terrible* law if it provided immunity to anyone, and if it didn't make Bush's illegal actions more explicitly illegal. "(The sentence) that reads 'Anyone found guilty of violating this law is (blahblahblah)' is hereby amended to read "Anyone found guilty of violating this law, even if such violation is a result of orders given by the executive, is (blahblahblah)'."

And while I'm wishing for probably-impossible things, I'd like world peace.

2:06 PM  
Anonymous RandyH said...

I just read the proposed changes to FISA and, really, they sound reasonable. Considering that the NSA has been tapping US-based communications equipment and lines since October 2001 and has not stopped doing that (at least for foreign-to-foreign calls) I don't understand why they would feel it's so urgent that this change be made.

Note that this does not make it legal to tap domestic calls of any sort without a warrant. Just the foreign-to-foreign ones.

I suspect the motivator is elsewhere... like one or more of the "Patriotic" US telephone companies that allowed the NSA to install their equipment, in violation of their customers' rights to privacy. They may be about to lose a lawsuit that we don't know about or something. Perhaps one or more of the companies is threatening to pull the plug on NSA's equipment at their facilities because they don't like where the investigations are going and need to shield themselves from the fallout.

Mostly what the proposed changes seem to do is to not only make it legal for the phone companies to cooperate and allow access, but to even make cooperation compulsory for the interception of foreign-to-foreign calls only - without warrants. This gives the phone companies the cover that they feel they need.

It is true that many (if not most) calls from other countries across the oceans transit through the US via underwater fiber cables and through our phone switches to other countries because we have the best network of cables for it to happen and traffic takes the quickest, least congested route rather than the shortest possible route. Internet traffic too. While NSA has always (legally) intercepted foreign-to-foreign communications outside the US, it is illegal for them to intercept any communication from any US-based cable or switch. So they effectively missed alot of stuff until they stopped obeying the law in 2001, with the aid of many US phone companies.

So I think this is why the Administration is so anxious to make this small change to FISA. What I don't understand is the Dems' motivation to help with such urgency. There may be good reason for it but I'd really appreciate it if they could just be straight-forward with us.

2:54 PM  
Blogger A.L. said...

RandyH, based on my understanding of the limited amendment the Democrats are considering, I agree, I don't see any real problem with it substantively. I just think the Bush administration should have to promise to abide by FISA before it gets any additional authority under it.

3:07 PM  
Anonymous casual observer said...

Simply based on this administration's lack of good faith to date, I think it would be foolish of Congress to immediately do anything requested by the White House on a rushed basis. Look it over good.

Promises by Bush to finally obey FISA (I find it disturbing to even have to write this)--to finally obey the damn law, means nothing to me. This is the guy who told the public that they were getting warrants on everything, long ago.

If anything, Congress should use this new request as leverage to learn more about the complete scope of surveillance activities, before granting even more power.

4:15 PM  
Blogger Enlightened Layperson said...

Does anyone know why the Administration didn't ask for authority to warrantless wiretape foreign-to-foreign calls routed thru the US when the Patriot Act first passed?

12:15 AM  
Anonymous Anonymous said...

You Clydes. They are working with the Administration to strengthen the wiretapping authority because they are Democratic politicians and their survival instincts are more finely tuned than are yours.

You are merely partisan cheerleaders. The Crats on the Hill understand what you appear to miss. Next year, the Republican Party won't be led by Bush, whom you appear to be obsessed with. It will be led by Giuliani.

They get this. You don't. If the Do Nothing Democratic Congress doesn't at least strengthen wiretapping authority and there's another attack, who do you think gets the blame?

There are reasons that they are in Congress, and you're pounding away on the internet.

10:41 PM  

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