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An Unacceptable Answer: Will The Media Accept It?

President Bush refused to answer this question:

Q: There’s been some very dramatic testimony before the Senate this week from one of your former top Justice Department officials who describes a scene that some Senators called stunning, about a time when the warrantless wiretap program was being reviewed. Sir, did you send your then chief of staff and White House counsel to the bedside of John Ashcroft while he was ill to get him to approve that program, and do you believe that kind of conduct from White House officials is appropriate?

BUSH: Kelly, there’s a lot of speculation about what happened and what didn’t happen. I’m not going to talk about it. It’s a very sensitive program. . . .

No one asked him about the program. The question was a simple one - did he send Card and Gonzales to visit Ashcroft?

Atrios has the nuts*:

Back in those happy days in the 90s, if Clinton had refused to answer a question like this a shitstorm would've erupted. Ted Koppel would've put up a "17 days and still no answer" clock. Tweety would have had 37 blond conservative lawyers on every night to demand "accountability." etc... etc...
  • in the poker sense.

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  • Display: Sort:
    Sometimes (5.00 / 2) (#1)
    by HK on Thu May 17, 2007 at 04:25:27 PM EST
    when a person refuses to answer a question, it tells us more than if they had.

    Office politics (1.00 / 1) (#5)
    by Fritz on Thu May 17, 2007 at 05:27:45 PM EST
    Your Dad rolls over his CD consistently every 45 days for the past 2 years.  He has taken ill and his acting investment advisor for the past 6 days want's to renew the CD for 5 years.   You wouldn't call your Dad in the hospital?  Office politics is not criminal behavior.  The President doesn't have to discuss his deliberations.

    Parent
    Go troll somewhere else fritzo. (none / 0) (#6)
    by Edger on Thu May 17, 2007 at 05:40:45 PM EST
    Comey said ... (5.00 / 2) (#3)
    by Sailor on Thu May 17, 2007 at 04:53:43 PM EST
    ... bush sent card and gonzales.

    No wonder bush doesn't want to answer.

    BUSH: Kelly, there's a lot of speculation about what happened and what didn't happen.
    Sadly no. There is testimony under oath v. stonewalling, refusing subpoenas, spin and perjury.

    et al (1.00 / 0) (#7)
    by jimakaPPJ on Thu May 17, 2007 at 05:50:55 PM EST
    The question was a simple one - did he send Card and Gonzales to visit Ashcroft?

    No, that wasn't the question, and you know it wasn't...

    and do you believe that kind of conduct from White House officials is appropriate?

    is also there...

    Sanity C - And why should he have to answer?? Comey has said no law was broken.

    If you think one has, let's hear it.

    Edger - I see you are still trying to act as table captain.

    Do we offer them respect? Absolutely not. We do our best to marginalize and get rid of them.

    I thought we agreed the other day that its not your party.


    morons untie (5.00 / 2) (#8)
    by Sailor on Thu May 17, 2007 at 06:28:46 PM EST
    moron:
    No, that wasn't the question, and you know it wasn't...
    Actual question:
    Sir, did you send your then chief of staff and White House counsel to the bedside of John Ashcroft while he was ill to get him to approve that program


    Parent
    We used to have rights, Jim (none / 0) (#10)
    by Sanity Clause on Thu May 17, 2007 at 10:15:38 PM EST
    Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution. (Emphasis added) ~ George W. Bush, April 20, 2004

    And we used to have remedies:

    42 USC §1983:
    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...

    50 USC § 1809 (FISA - criminal liability)
    (a) Prohibited activities
    A person is guilty of an offense if he intentionally--
    (1) engages in electronic surveillance under color of law except as authorized by statute; or
    (2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.
    (b) Defense
    It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
    (c) Penalties
    An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

    50 USC § 1810 (FISA - civil liability)
    An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801 (a) or (b)(1)(A) of this title, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 1809 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover--
    (a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
    (b) punitive damages; and
    (c) reasonable attorney's fees and other investigation and litigation costs reasonably incurred.

    I think Mr. Gonzalez should face charges of perjury or contempt of Congress for his part in the cover-up of the conspiracy to violate the provisions of the FISA act, thereby depriving United States citizens of their Constitutionally protected rights.  His co-conspirators should also be held accountable.  

    In which venue and for which charges would you suggest we place the President under oath?  

    Parent

    Sanity Clause - I'm not sure (1.00 / 0) (#12)
    by jimakaPPJ on Thu May 17, 2007 at 10:38:08 PM EST
    Uh, hate to tell you this, but this dust up is about Comey and Schumer's little play designed to get everyone's respective jockey's and panties in a wad... Now, consider this:

    The implication is that the White House was trying to lean on Justice to do something illegal. But listen to what Mr. Comey actually said as Mr. Specter questioned him. Was he pressured by Mr. Card, Senator Specter asked? No. "I don't know that he tried to pressure me, other than to engage me on the merits and make clear his strong disagreements with my conclusion."

    Did they threaten him, or suggest he could be fired? "No sir, I didn't feel threatened, nor did he say anything that could reasonably be read [as threatening]." And what about Mr. Bush, did he twist arms in the Oval? Through FBI director Robert Mueller, Mr. Comey explained, "The President said the Justice Department should do what the Department thinks is right."

    But....butbutbut... didn't the Pres do anything bad????

    When the program was reauthorized by the President alone, Mr. Comey and others planned to resign in protest. So, Mr. Specter asked, does that mean the program went forward illegally? Again, negative: "The Justice Department's certification . . . was not [required] as far as I know." That's because, as even Mr. Comey conceded, many judges and scholars believe a President has the Constitutional authority to approve such wiretaps, especially in wartime.

    Link

    butbutbut..they were spying on US Citziens.. no....it isn't that simple, although the program was simple. Wiretaps would be done on calls from terrorists to people within the US. And calls from people within the US to terrorists outside the US would be tapped.

    Calls from persons to persons withing the US required the normal warrants...

    The issue, of course was time. Computers and other information siezed during raids have a very limited useful life. In many cases, hours.

    butbutbut  they were tapping.. yes... they were listening to terrorists talking to their fellow terrorists...

    You got a problem with that?

    Looks like you've already answered that question.

    Parent

    You misunderstood the colloquy (5.00 / 1) (#13)
    by Big Tent Democrat on Thu May 17, 2007 at 10:46:39 PM EST
    between Comey and Specter.

    The issue of whether the program needed Justice certification was Specter's point. Comey said custom required it but that did not make it illegal.

    But that did not make it legal either. Comey opined that it was illegal and that is why he would not certify it.

    Comey might be wrong. Gonzo may be the better lawyer, given all his real estate experience as compared to Comey's long career dealing with 4th Amendment issues it seems a bad bet.

    Parent

    BTD (1.00 / 0) (#18)
    by jimakaPPJ on Thu May 17, 2007 at 11:22:30 PM EST
    So, Mr. Specter asked, does that mean the program went forward illegally? Again, negative: "The Justice Department's certification . . . was not [required] as far as I know.

    I have read it six times, and I see Comey's answer as being:

    "The Justice Department's certification . . . was not [required] as far as I know

    BTW - Custom requires nothing. Custom expects something. Custom is usually observed...

    I think you see my point.

    As to Comey's many talents, I have no doubt. But since the issue was not settled in court, but through Bush allowing Comey to have his way, we will likely never know.

    Speculation, of course, welcomed.

    Parent

    Your point is a nonsequitor (none / 0) (#19)
    by Big Tent Democrat on Thu May 17, 2007 at 11:27:52 PM EST
    Not needing a certification did not make the program legal.

    What part of that do you not understand Jim?

    IS this an act on your part or are you really not understanding the point?

    Parent

    BTD (1.00 / 0) (#22)
    by jimakaPPJ on Fri May 18, 2007 at 09:04:32 AM EST
    As to Comey's many talents, I have no doubt. But since the issue was not settled in court, but through Bush allowing Comey to have his way, we will likely never know.

    What part of the do you not understand?

    Parent

    As I recall, after Ashcroft was released from (none / 0) (#25)
    by oculus on Fri May 18, 2007 at 02:35:07 PM EST
    the hospital and resumed being the AG, a compromise was agreed upon with the Bush Whitehouse and Comey was on board too.

    Parent
    oculus (none / 0) (#26)
    by jimakaPPJ on Fri May 18, 2007 at 10:06:02 PM EST
    I noted that, and it is another proof that this much ado about nothing.

    However, it is also true that if the point was never pursued, we'll never know...

    What we do know is that certification was not needed.

    Parent

    Well... (none / 0) (#14)
    by Repack Rider on Thu May 17, 2007 at 10:56:39 PM EST
    You got a problem with that?

    If it's all so legal and aboveboard, why isn't it a public record?  Why won't people disclose, EVEN TO A JUDGE, what they are doing that you say is so legal and aboveboard even though we don't know what it is?

    Secrecy is the enemy of democracy.  Sunlight kills a lot of germs.

    Parent

    I really don't know why I bother, Jim, but if (none / 0) (#15)
    by Sanity Clause on Thu May 17, 2007 at 11:02:28 PM EST
    many judges and scholars believe a President has the Constitutional authority to approve such wiretaps, especially in wartime
    can you tell me -

    How many judges?

    How many scholars?

    And where is that Congressional Declaration of War?

    Can we just go ahead and eliminate the judicial system if all questions of fact, issues of law, and interpretations of the Constitution can be resolved by a quick survey of "many" judges and scholars?

    Can you tell me how many phones were tapped by this administration?  How many prosecutions resulted?  How many convictions were secured based on warrantless wiretaps that could not possibly have been authorized through the FISA Court?

    Personally, I don't have much faith in the Secret Police to exercise the best of discretion while exorcising the President's demons.  

    Parent

    SC (1.00 / 0) (#17)
    by jimakaPPJ on Thu May 17, 2007 at 11:13:57 PM EST
    Why don't you ask the writer of the Link??

    BTW - Sometimes intelligence information is not gathered to arrest someone, but to be used in other places to do other things.

    Feel free to let your imagination roam.

    Parent

    Huh? (5.00 / 0) (#21)
    by Sanity Clause on Thu May 17, 2007 at 11:40:17 PM EST
    Why don't you ask the writer of the Link??

    Because it's an OPINION piece in a blatantly partisan rag. I wouldn't expect any more factual responses than I got from you. Thanks for playing. Good night, Gracie.

    Parent
    SC (1.00 / 0) (#23)
    by jimakaPPJ on Fri May 18, 2007 at 09:11:47 AM EST
    Hmmm... does that mean we shall see no more quotes from the NYT? Or KOS? Or moveon????

    I must say you are not fair and balanced.

    But know what?

    Unlike you, I am an Independent, and I don't require that everyone toady up to me and agree with me. I understand the principles of free speach and try to never throw the first insult.

    Try it. It's the American Way.

    Parent

    Perhaps Sailor didn't read the post (1.00 / 0) (#9)
    by jimakaPPJ on Thu May 17, 2007 at 09:22:18 PM EST
    in which BTD opined:

    No one asked him about the program. The question was a simple one - did he send Card and Gonzales to visit Ashcroft?

    And in the same post that Sailor evidently didn't read:

    Sir, did you send your then chief of staff and White House counsel to the bedside of John Ashcroft while he was ill to get him to approve that program, and do you believe that kind of conduct from White House officials is appropriate?

    That is the complete question.

    Dear Sailor. Please note that the question, and the sentence, does not end where you stop. How in the world did you miss the comma, the next 14 words and the question mark??

    Please, don't insult our intelligence by such antics.

    Sailor - BTW - I assume that was self-identification when you wrote "morons untie."

    Now, what were you going to untie? Your reading glasses??

    Oy Jim (5.00 / 0) (#11)
    by Big Tent Democrat on Thu May 17, 2007 at 10:24:07 PM EST
    What classified secret about the program was asked about?

    Did you send them to approve the program is a question about whether he sent them, not about the details of the program.

    Did he send them to Ashcroft is the point, not the details of the program.

    If you think this is honest discourse on your part, then I must say I don't see much future for discussions with you here.

    Parent

    BTB (1.00 / 0) (#16)
    by jimakaPPJ on Thu May 17, 2007 at 11:05:32 PM EST
    I didn't say that the question was about the program, nor did I comment about Bush's answer.

    I said that the presentation of the  reporter's question by you in your post was incomplete.

    As I have pointed out above, your post reads:

    The question was a simple one - did he send Card and Gonzales to visit Ashcroft?

    What the reporter asked:

    Sir, did you send your then chief of staff and White House counsel to the bedside of John Ashcroft while he was ill to get him to approve that program, and do you believe that kind of conduct from White House officials is appropriate?

    Do you think there is any doubt that Bush sent Card and Gonzales?? You beg the issue which we both know was the alleged conduct and  Ashcroft's alleged condition. That is the question the reporter wanted to put into play, because it leads  to so many other questions.

    If the question had been as you opined it, it would have been very simple to answer.

    "Did you send Card and Gonzales to visit Ashcroft?"

    "Yes.... now let's go to....

    "Uh, Dave... That you over in the corner??"

    That the purpose was to approve the program isn't in dispute. Of course we now know that even Comey said approval wasn't required.

    And I must say that if you continue to cherry pick statements I will, from time to time, point them out.

    Any discussions we have is purely at your option.

    Shorter. I was perfectly happy before I heard of you. Your decision to not talk to me is yours alone.

    Parent

    Utter nonsense (5.00 / 2) (#20)
    by Big Tent Democrat on Thu May 17, 2007 at 11:35:45 PM EST
    You write "Do you think there is any doubt that Bush sent Card and Gonzales??"

    No I do not think there is a shadow of a doubt but Bush should answer that question.

    He can refuse to answer those questions you think tread on classified information.

    Let me tell you, that question will properly be asked again and again and again and Bush will have to answer it. And rightly so.

    And the point is NOT whether the program was kosher or not or what the details are. The point is the PResident ordered something despicable. But he has ordered many despicable things.

    Read this:

    At least as Comey relates it, this affair is not one of mere bad judgment or over-aggressiveness. It is a story of profound misconduct on Gonzales's part that, at least in my judgment, borders on the impeachable. Put bluntly, faced with a Justice Department determination that the NSA's program contained prohibitive legal problems, the White House decided to go ahead with it anyway. In pursuit of this goal, Gonzales did two things that both seem unforgivable: He tried to get a seriously ill man to unlawfully exercise powers that had been conveyed to another man and to use those powers to approve a program the department deemed unlawful. Then, when Ashcroft refused, the White House went ahead and authorized the program on its own. In terms of raw power, the president has the ability to take this step. But it constitutes a profound affront to the institutional role of the Justice Department as it has developed. The Justice Department is the part of the government that defines the law for the executive branch. For the White House counsel to defy its judgment on an important legal question is to put the rawest power ahead of the law.

    This is why Ashcroft, Comey, Mueller and everyone decent honorable person involved in this despicable asffair was prepared to resign if the President did not back down. It is why this execrable man who carries the title Attorney General should never have been confirmed and should be im peached.

    More:

    The must-derided John Ashcroft, on the other hand, showed himself when it counted to be a man of courage and substance whom history will surely treat more kindly than did contemporary commentary. Few attorneys general get tested as Ashcroft did that night in 2004. One can disagree with him about a lot of things and still recognize the fact that ultimately, he passed the hardest test: From a hospital bed in intensive care, he stood up for the rule of law. More broadly, the Justice Department seems to have performed admirably across the board--from the OLC having taken its job seriously, to the willingness on the part of the department brass and Mueller to lose their jobs to defend the department's ability to determine the law for the executive branch. Had the story ended with Comey's victory, it would have been an ugly crisis with a happy ending.

    But it didn't end there. Less than a year later, Gonzales replaced Ashcroft as Comey's boss. Within a year of that, none of the four people who had stood up to Gonzales in that hospital room remained in government. Goldsmith was already gone. Comey stayed on for a few months and then joined the private sector. He testified that Philbin, who returned to private practice in 2005, was "blocked from a promotion, I believed, as a result of this particular matter." In the long run, in other words, the bad guys won. The ranks of people willing to say no to the White House thinned. And without that strong cadre in the political echelons, the department has suffered terribly. That is what's behind the U.S. attorney scandal and the horrid allegations that career appointees were subjected to political litmus tests.

    Jim, frankly, you disgrace yourself defending this conduct.

    There is no one with any honor who would. There is no one NOW even among Republicans who defends this.

    You shoulds consider the company you keep in this defense. The dregs of our public world.

    BTW, the wild eyed liberal who I am quoting is one Ben Wittes, a supporter of the IRaq Debacle and supporter of attacking Iran.

    You have utterly jumped the shark.

    T

    Parent

    BTD (none / 0) (#24)
    by jimakaPPJ on Fri May 18, 2007 at 11:15:52 AM EST
    From time to time you show a tendency to become stuck on one point. From Sanity C:

    He may be setting himself up to plead the Fifth, or Executive Privilege, or National Security, but he's not going to get away with "I don't recall."

    My answer was:

    Sanity C - And why should he have to answer?? Comey has said no law was broken.
    If you think one has, let's hear it.

    You wrote in the post:

    The question was a simple one - did he send Card and Gonzales to visit Ashcroft?

    Sailor wrote:

    Actual question:

    Sir, did you send your then chief of staff and White House counsel to the bedside of John Ashcroft while he was ill to get him to approve that program

    I wrote, from the post, what the actual question was:

    Sir, did you send your then chief of staff and White House counsel to the bedside of John Ashcroft while he was ill to get him to approve that program, and do you believe that kind of conduct from White House officials is appropriate?

    I don't know why, but neither you, Sanity Clause or Sailor seem to be able to quote the entire question, instead wanting to focus on one part .... did Bush send Card and Gonzales... that doesn't appear to be in dispute.

    I say he did. We are violent AGREEEMENT. Again. So what? No law was broken... But wait. Since none was, the Left wants to trash and attack Bush, Gonzales and Card.

    Now. I think I have defined their intent, and I state my opposition to such worthless partisan efforts. As I noted to Tracy in another thread, why doesn't the Demos start doing something about Gay Rights, Women's Rights, National Health Care, Drug Law Rationalization, etc....

    Heck, they have the hammer. Why not try and build something instead of just tearing things down??
    Is it because they have is hate no plan??? Beyond "Bush Bad."

    Onward.

    You claim that your unlinked to pundit is a war supporter. You say nothing about his opinion of the current administration. BTW - Why do you try such obviously devious things?? Do you think that those who read him in this matter will not ask the obvious question?? Such ploys are unworthy of you and your audience. He writes:

    At least as Comey relates it, this affair is not one of mere bad judgment or over-aggressiveness.

    But that isn't what you hear from Specter

    The implication is that the White House was trying to lean on Justice to do something illegal. But listen to what Mr. Comey actually said as Mr. Specter questioned him. Was he pressured by Mr. Card, Senator Specter asked? No. "I don't know that he tried to pressure me, other than to engage me on the merits and make clear his strong disagreements with my conclusion."

    Did they threaten him, or suggest he could be fired? "No sir, I didn't feel threatened, nor did he say anything that could reasonably be read [as threatening]." And what about Mr. Bush, did he twist arms in the Oval? Through FBI director Robert Mueller, Mr. Comey explained, "The President said the Justice Department should do what the Department thinks is right."

    You can posture forever, but in the end we find that this was an internal executive branch pis*ing contest over a new guy changing something that had been approved 25 times in a row, and not telling the President's staff it was changed, and not telling them Ashcroft agreed, and not offering to meet with them, or explain why.

    I have read nothing that would suggest that Card and Gonzales did anything more than ask Ashcroft what was going on, and was he in agreement, or if he was willing to change. He declined, and they withdrew. Perhaps they had left their hot irons and rack in their offices. (sarcasm alert)

    I find the following particularly laughable. It is a vast overstatement and meant to imply things that never came into play. Never happened.

    The Justice Department is the part of the government that defines the law for the executive branch. For the White House counsel to defy its judgment on an important legal question is to put the rawest power ahead of the law.

    This statement ignores the fact that this was a change from previous policy, stated by an acting AG. No one defied anything. What they did was question. I would certainly expect the DOJ and WH to question each other and actually have disagreements. I mean, wow. What a concept. Two lawyers disagreeing... Stop the presses and tear down the front page!!!

    We later find this from Specter's question, which your pundit ignores:

    So, Mr. Specter asked, does that mean the program went forward illegally? Again, negative: "The Justice Department's certification . . . was not [required] as far as I know."

    At the end I wonder why Comey, when first called, didn't pick up his phone and call Gonzales.... "Hello Gonzales... Comey here... I need to tell you that Ashcroft agreed with me on not signing.... Let's meet in the morning and I'll explain why..."

    You know BTD, you have this problem of thinking anyone who disagrees with you is wrong, and supports the other side. That is a bad trait because it runs off someone who may disagree with you on one thing, and agree on the other.

    In the business world it is called listening and team building. No one succeeds without it.

    Have a nice day.

    Parent

    Too bad it wasn't Helen Thomas (none / 0) (#2)
    by Edger on Thu May 17, 2007 at 04:32:40 PM EST
    asking the question.

    I think he just blew his cover (none / 0) (#4)
    by Sanity Clause on Thu May 17, 2007 at 05:25:23 PM EST
    He may be setting himself up to plead the Fifth, or Executive Privilege, or National Security, but he's not going to get away with "I don't recall."  After listening to the clip, I was impressed that the President sounded calm, rational, intelligent, and extremely well-rehearsed - almost "Presidential" in his fancy talking-point tap dance around the question.  Of course, the political cartoon response should have included allusions to the Pres's compassionate conservatism in sending a "Get Well" Card to wish his ailing AG a "Speedy" recovery.