Memo refutes Gonzales’ surveillance testimony

Controversial confrontation
The disagreement over whether to renew the program led to a dramatic, and highly controversial, confrontation between Gonzales and then-Attorney General John Ashcroft on the night of March 10, 2004.

After briefing the congressional leaders, Gonzales testified that he and then-White House chief of staff Andy Card headed to a Washington hospital room, where a sedated Ashcroft was recovering from surgery. Ashcroft had already turned over his powers as attorney general to Comey.

Comey was in the hospital room as well, and recounted to senators in his own sworn testimony in May that he “thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.”

Ultimately, Ashcroft sided with Comey, and Gonzales and Card left the hospital after a five- to six-minute conversation.

Gonzales denied that he and Card tried to pressure Ashcroft into approving the program over Comey’s objections.

“We never had any intent to ask anything of him if we did not feel that he was competent,” Gonzales told the Senate panel Tuesday. “At the end of his description of the legal issues, he said, ’I’m not making this decision. The deputy attorney general is.’ And so Andy Card and I thanked him. We told him that we would continue working with the deputy attorney general and we left.”

Candid response
Democrats and Republicans alike expressed disbelief at Gonzales’ version of events.

“There’s a discrepancy here in sworn testimony,” Senate Judiciary Chairman Patrick Leahy, D-Vt., said after listening to Gonzales, raising the possibility of a perjury inquiry. “We’re going to have to ask who’s telling the truth, who’s not.”

Sen. Arlen Specter of Pennsylvania, top Republican on the panel, also disregarded Gonzales’ description. “I do not find your testimony credible, candidly,” he told the attorney general.

House and Senate lawmakers who attended the Situation Room briefing are divided on the accuracy of Gonzales’ account of that meeting, which he said concluded by a “consensus in the room from the congressional leadership is that we should continue the activities, at least for now, despite the objections of Mr. Comey.”

Three Democrats — House Speaker Nancy Pelosi, Senate Intelligence Committee Chairman Jay Rockefeller and former Senate Democratic leader Tom Daschle — dispute Gonzales’ testimony. Rockefeller called it “untruthful,” and Pelosi spokesman Brendan Daly said the speaker disagreed that it should be continued without Justice Department or FISA court oversight.

On the other hand, former GOP House Intelligence Chairman Porter Goss, “does not recall anyone saying the project must be ended,’ spokeswoman Jennifer Millerwise Dyck said. And former Senate Republican leader Bill Frist stopped short of confirming or denying the meeting’s outcome.

“I recall being briefed with the others about the program and it was stated that Gonzales would visit with Ashcroft in the hospital and that our meeting was part of the administration’s responsibility to discuss with the leadership of Congress,’ Frist said in a statement.

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