Senate Judiciary Committee heads Patrick Leahy (D-VT) and Arlen Specter (R-PA) wrote Attorney General Alberto Gonzales today, demanding he provide answers by June 5 to their “longstanding questions about the Bush Administration’s warrantless wiretapping program.”
The senators told Gonzales that the new request came in light of James Comey’s extraordinary testimony last week, which raised “very serious questions about your personal behavior and commitment to the rule of law.”
This Committee has made no fewer than eight formal requests over the past 18 months — to the White House, the Attorney General, or other Department of Justice officials — seeking documents and information related to this surveillance program. These requests have sought the Executive Branch legal analysis of this program and documents reflecting its authorization by the President. You have rebuffed all requests for documents and your answers to our questions have been wholly inadequate and, at times, misleading.
“To consider any changes to FISA,” Leahy and Specter write, “it is critical that this Committee understand how the Department and the FISA Court have interpreted FISA and the perceived flaws that led the Administration to operate a warrantless surveillance program outside of FISA’s provisions for over five years.”
In other words, Leahy and Specter are telling Gonzales: turn over the information now, or President Bush’s desired changes to FISA are going nowhere.
Read the full letter:
May 21, 2007
The Honorable Alberto Gonzales
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530Dear Attorney General Gonzalez:
Last week we heard dramatic and deeply troubling testimony from former Deputy Attorney General Comey. He testified that in March 2004, when he was Acting Attorney General, he informed the White House that the Department of Justice had concluded an ongoing classified surveillance program had “no legal basis” and would not certify it. He then described how you, then Counsel to the President, and former White House Chief of Staff Andrew Card arrived at the hospital bedside of an extremely ill Attorney General Ashcroft and attempted to persuade him to certify the program. When you failed, because Mr. Ashcroft refused, Mr. Comey testified that the program was nonetheless certified over the objections of the Department of Justice. That apparently prompted a number of high-ranking Justice officials to consider resigning en masse.
This incident obviously raises very serious questions about your personal behavior and commitment to the rule of law. Mr. Comey’s testimony also demonstrates vividly how essential it is that this Committee understands the legal underpinnings of the surveillance program that was the subject of that incident, and how the legal justification evolved over time. The stonewalling by you and the Administration must end. The Committee on the Judiciary is charged with overseeing and legislating on constitutional protections, civil and criminal justice, civil liberties, and the Judiciary, all subjects that this matter impacts. We intend to do our job.
This Committee has made no fewer than eight formal requests over the past 18 months — to the White House, the Attorney General, or other Department of Justice officials — seeking documents and information related to this surveillance program. These requests have sought the Executive Branch legal analysis of this program and documents reflecting its authorization by the President. You have rebuffed all requests for documents and your answers to our questions have been wholly inadequate and, at times, misleading.
We note also that the Administration has offered a legislative proposal that it contends seeks to “modernize” the Foreign Intelligence Surveillance Act (FISA). As you know, the Judiciary Committee has historically overseen changes to FISA and it is this Committee’s responsibility to review the Administration’s proposal with great care. The draft legislation would make dramatic and far-reaching changes to a critical national security authority. Before we can even begin to consider any such legislative proposal, we must be given appropriate access to the information necessary to carry out our oversight and legislative duties.
This Administration has asserted that it established its program of warrantless wiretapping by the NSA because it deemed FISA’s requirements to be incompatible with the needs of the intelligence community in fighting terrorism. You testified in January that the warrantless wiretapping program had been terminated and that henceforth surveillance would be conducted pursuant to authorization from the FISA Court. To consider any changes to FISA, it is critical that this Committee understand how the Department and the FISA Court have interpreted FISA and the perceived flaws that led the Administration to operate a warrantless surveillance program outside of FISA’s provisions for over five years.
Your consistent stonewalling and misdirection have prevented this Committee from carrying out its constitutional oversight and legislative duties for far too long. We understand that much of the information we seek may currently be classified, but that can be no excuse for failing to provide relevant information to all members of this Committee and select, cleared staff. We will, of course, handle it with the greatest care and consistent with security requirements.
Therefore, we reiterate our requests for the following documents and ask that you provide them to this Committee no later than June 5, 2007:
1) Please provide all documents that reflect the President’s authorization and reauthorization of the warrantless electronic surveillance program that you have called the Terrorist Surveillance Program, including any predecessor programs, from 2001 to the present;
2) Please provide all memoranda or other documents containing analysis or opinions from the Department of Justice, the National Security Agency, the Department of Defense, the White House, or any other entity within the Executive Branch on legality of or legal basis for the warrantless electronic surveillance program, including documents that describe why the desired surveillance would not or could not take place consistent with the requirements and procedures of FISA from 2001 to the present;
3) Please provide all documents reflecting communications with the Foreign Intelligence Surveillance Court (FISC) about the warrantless electronic surveillance program or the types of surveillance that previously were conducted as part of that program, that contain legal analysis, arguments, or decisions concerning the interpretation of FISA, the Fourth Amendment, the Authorization for the Use of Military Force, or the President’s authority under Article II of the Constitution, including the January 2007 FISC orders to which you refer in your January 17, 2007 letter to us and all other opinions or orders of the FISA court with respect to this surveillance;
4) If you do not consider the surveillance program that was the subject of discussion during the hospital visit and other events that former Deputy Attorney General James Comey described in his May 15, 2007 testimony before the Senate Judiciary Committee to be covered by the requests made above, please provide all documents described in those requests relevant to that program, as well.
We emphasize that we are seeking the legal justifications and analysis underlying these matters and not the specific operational details or information obtained by the surveillance.
Sincerely,
PATRICK LEAHY
ChairmanARLEN SPECTER
Ranking Member

Gonzo: “I have the support of the president so I don’t have to answer any of your silly questions. Nyah, nyah, nyah!”
May 22nd, 2007 at 1:32 pmThere was no domestic spying, no wonder Leaky can’t get an answer.
May 22nd, 2007 at 1:33 pmLeahy and Specter are wasting time. Just impeach them if they refuse to cooperate. Why are these Repugs treated with kid gloves?
May 22nd, 2007 at 1:34 pmI’m sure the lyingbastard is quaking in his boots.
May 22nd, 2007 at 1:35 pmThreaten to repeal the entire goddamn domestic spying apparatus unless the lyingratbastard comes clean. Then do it when the lyingratfuckingpatheticweasel flips you off again.
Not another LETTER!! What wimps those democrats are. Supoena the h*ll out of them and get the fricking documents once and for all.
May 22nd, 2007 at 1:36 pmLeahy and Specter hate America and want terrorists to win.
Clinton conducted wiretapping with a warrant too.
This is bad news for Democrats. They should leave this alone or the American people will turn on them.
May 22nd, 2007 at 1:36 pmThere was no domestic spying, no wonder Leaky can’t get an answer.
Comment by Patrick1 — May 22, 2007 @ 1:33 pm
NO DOMESTIC SPYING??? AT ALLL??? But we’re AT WAR! You’d think if Chimpy wanted to protect Amerians, he’d at least get some warrants and spy on SOMEBODY! At least spy on Al Sharpton, for chrissakes! But patrick assures us that THERE WAS NO DOMESTIC SPYING. That sounds like dereliction of duty for a Commander-in-Chief.
May 22nd, 2007 at 1:39 pmThe Honorable. Boy, they must crimge everytime that has been written.
There’s nothing honorable about this man or this adminstration.
May 22nd, 2007 at 1:39 pmNo reason for the lyingbastard to come clean if the only threat is the chymp’s FISA adjustments not happening.
May 22nd, 2007 at 1:39 pmThreaten the lyingratbastards with a complete elimination of the domestic spying apparatus and see if the lyingratweasalbastards figure it out under oath.
spying without a warrant is in violation of the 4th Amendment - no matter what type of legislation they pass or don’t pass…..
The 4th Amendment is quite clear:
It’s time we started demanding that these criminals in government start following ALL of the Constitution and Bill of Rights. It’s not just a good idea or a recommendation. It’s the law.
Period.
Some reading:
“Contract with America: Bill of Rights”
May 22nd, 2007 at 1:39 pmhttp://www.populistamerica.com/contract_with_america
Gonzales later replied, “We have a Constitution in the United States now? Since when? Why didn’t anyone tell me that we have a Constitution? It provides what? Basic rights that cannot be denied through law or action of the President? Since when? Over 200 years!?”
May 22nd, 2007 at 1:40 pm“There was no domestic spying, no wonder Leaky can’t get an answer.
Comment by Patrick1 — May 22, 2007 @ 1:33 pm”
REALLY????
Then explain why Bush was in negotiations ONLY 3 WEEKS after he got into office with AT&T to install monitoring equipment?????
It has been PROVEN in court that this is TRUE!!!!
Go back to your FANTASY world, because you surely don’t have an ounce of reality in your feeble mind.
May 22nd, 2007 at 1:40 pmTheir problem is they’re using the word ‘please’.
May 22nd, 2007 at 1:42 pmDid I read that right? Their threat is that if they don’t get Bush’s legal explanation for breaking the law, they’re not going to let Bush change the law he’s already breaking so he either won’t be breaking it anymore, unless, of course, he decides to continue breaking it?
May 22nd, 2007 at 1:43 pmTake another drink of that kool-aid..lol
May 22nd, 2007 at 1:43 pm#3 ~ Exactly. Screw political legacy and public fallout, start defending the damn Constitution and burn down this house of cards.
There is no ‘nice’ anymore. ‘Nice’ is for victims.
May 22nd, 2007 at 1:44 pmI’d like to echo what RoboTroll said. This issue could turn around and bite the Democrats if they pursue oversight too vigorously. They risk being seen as partisan. They should just walk away.
May 22nd, 2007 at 1:45 pmFor the latest news, key documents, hearing transcripts and other essential materials in the NSA domestic surveillance scandal, see:
May 22nd, 2007 at 1:47 pm“The NSA Domestic Spying Documents.”
Perhaps they should move the hearings to Guantanamo Bay?
May 22nd, 2007 at 1:47 pmCondi blows off their letters, Gonzo blows off their letters… . Grow a spine, Dems, and sic the law on them!
May 22nd, 2007 at 1:47 pmNew entry:
Take another drink of that kool-aid.
(lol? Does not compute… run spell check…. entry not found… insert suitable substitute)
… Libs!
May 22nd, 2007 at 1:48 pmCongress needs to stop tip-toeing. Kick ass, issue suponeas, impeach these bastards. Trust, if the repukes were in that spot there would be public floggings.
May 22nd, 2007 at 1:48 pmAs long as impeachment is off the table, what does it matter?
May 22nd, 2007 at 1:49 pmWhat a bunch of UN lovin, Neville Chamberlain admiring paper tigers! Mr. Leahy, Go F YOurself!
May 22nd, 2007 at 1:52 pmYou can’t impeach a President for defending the country. It is important to know what Al Qaeda cell Dick Turban was talking to. Also, Valarie Plame.
May 22nd, 2007 at 1:54 pm“Clinton conducted wiretapping with a warrant too.”
Comment by RoboTroll 3000 — May 22, 2007 @ 1:36 pm
??? Makes no sense. Yes, perhaps Clinton conducted wiretapping WITH a warrant like you say. The question Leahy and Specter have is if illegal domestic wiretapping without a warrant was conducted.
May 22nd, 2007 at 1:54 pmComment by Patrick1 — May 22, 2007 @ 1:33 pm
C’mon, Patrick, you’re barely even making an effort anymore. Aren’t you getting tired of trying to come up with excuses and lies?
May 22nd, 2007 at 1:55 pm#16 — Risk being seen as partisan by whom? Dean Broder? Cheney? It’s Congress’s job to establish oversight of these programs, particularly when it’s clear they’ve been operated outside the law. The only people who are going to kick about it are Bush’s 30% dead-enders.
May 22nd, 2007 at 1:58 pmAnother f*cking letter. Jesus…
Bush will get whatever he wants on FISA, whether Gonzo complies or not.
Just watch and wait.
I’m disgusted with all of them.
I’m outta here.
May 22nd, 2007 at 1:59 pm(Alert — misdirection re: Clinton+wiretapping “with a warrant” has been detected. These people are more clever than we thought. Engage further evasive tactics)
Some of Bush-authorized wiretapping was legal! You never give him credit for the times he obeys the law. It’s always complaints about the times he hasn’t.
Clinton got a blow job!
May 22nd, 2007 at 2:02 pmYo, troll! “You can’t impeach the Preznit for defending the country”? Is that like, “We had to destroy the village in order to save it”? If the cure is worse than the illness, fire the doctor. If any of those words are too big, look them up.
May 22nd, 2007 at 2:02 pmRisk being seen as partisan by whom? Dean Broder? Cheney? It’s Congress’s job to establish oversight of these programs, particularly when it’s clear they’ve been operated outside the law. The only people who are going to kick about it are Bush’s 30% dead-enders.
Comment by NoOneYouKnow — May 22, 2007 @ 1:58 pm
Yes, but still… they don’t want to go there. It could put their majority at risk. Conventional wisdom within the beltway says so.
May 22nd, 2007 at 2:03 pmHey, Nixon did it!
May 22nd, 2007 at 2:04 pmIt’s a slow steady squeeze and the there are no signs of letting up.
May 22nd, 2007 at 2:06 pmBREAKING: Dems just caved on Iraq Funding Bill…NO TIMETABLES…Benchmarks but Bush can IGNORE any of them.
The Dems have just sold US OUT. They SOLD THE COUNTRY OUT. Its official. We need a 3rd party.
May 22nd, 2007 at 2:07 pmThe Dems have just made the STUPIDEST DECISION in History. They now CO-OWN this awful occupation with Bush. We can no longer call it Bush’s War. It is the DEMS war TOO. This is just awful. They betrayed all of US and GAVE IN to a President with 28% approval rating who has commited 10 impeachable offenses.
SUPPORT KUCINICH, GRAVEL. RICHARDSON or Ron Paul.
May 22nd, 2007 at 2:10 pmPatrick, If there was no domestic spying they how can it be illegal?
http://www.cnn.com/ 2006/ POLITICS/ 08/ 17/ domesticspying.lawsuit/ index.html
May 22nd, 2007 at 2:10 pm“You have rebuffed all requests for documents and your answers to our questions have been wholly inadequate and, at times, misleading.”
Excellent Job Mr. Conzoles. Bush must wish that all of his judicial appointees had such loyalty to the executive.
May 22nd, 2007 at 2:11 pmSo, today May 22 another letter. Lets see what is going to happen.
May 22nd, 2007 at 2:12 pmJune 29, The Head of the Sen. Judiciary announced that the ag IS NOW IN CONTEMPT OF THE SENATE. The AG was visiting France and could not be reached for comment.
July 18, AG Gonzalez sent the Sen Juidiciary a letter pointingout that he is protected from contempt by Pres. directive. Sen Leahy and Spector have not responded to this latest move.
Sept. 8, Congress comig back into session and will take up “contempt charge” against AG.
Gop leaders state unconditionally that Contempt is pure political theatre and support the president. AG Gonzales leaving for AUSTRAILYA for meetings regarding construction legal problems arising as a result of Howards decision to build a joint Military Airport and base in the Outback.
Oct 1- Goopers and dem supporters join together to point out that there is enough opposition to “contempt charges” that given the fact that there is just about 1 year remaining in the prseidency, the methods of delay that are available to the gooper will not realistically permit time for an investigation to take place so they urge that the Judiciary recall the charge and meet together to work for the best for the people of the US.
Its OFFICIAL. Today, May 22 2007 America is a Fascist Country run completely by the Military Industrial Complex. There is NO DIFFERENCE between our government and the MIC…They are one and the same. 70% of the country wanted the Iraq Occupation brought to an end. The Dems caved and the Military Industrial Complex is now running the show.
May 22nd, 2007 at 2:15 pmConcernTroll JOJO puts forth “beltway conventional wisdom.” That’s like a double oxymoron. And speaking of morons, JOJO, it’s always great to hear from the Repugs.
May 22nd, 2007 at 2:17 pmConcernTroll JOJO puts forth “beltway conventional wisdom.†That’s like a double oxymoron. And speaking of morons, JOJO, it’s always great to hear from the Repugs.
Comment by NoOneYouKnow — May 22, 2007 @ 2:17 pm
You know, you might have gotten a clue as to where this post was coming from when the poster called itself “ConcernTroll”.
Ya think?
May 22nd, 2007 at 2:20 pmi put this in a comment a few days ago, but don’t know if you-all saw it:
from Nell, i see that this week we did get our vote in the house on the “don’t attack iran w/o congressional approval†notion (thomas link):
An amendment numbered 14 printed in House Report 110-151 to clarify that no previously enacted law authorizes military action against Iran. It also prohibits funding authorized by the bill or in any other act from being used to take military action against Iran without specific authorization from Congress unless there is a `national emergency created by an attack by Iran upon the United States, its
erritories or possessions or its armed forces’ (language taken directly from the War Powers Resolution, P.L. 93-148).
it was submitted as an amendment to the defense appropriations bill, h.r.1585. here is the roll call vote.
yep, you read that right. 99 dems voted against this amendment - and speaker pelosi didn’t even cast her vote. voting no were many of the usual suspects, and sadly also some of our “friendsâ€: Paul Hodes, Chris Van Hollen, Patrick Murphy, John Murtha, Joe Sestak, Carol Shea-Porter, Henry Waxman. read the list and weep.
i was hoping someone could tell me that i have it wrong… maybe read it incorrectly? i really want to be full of shit on this.
Emailing Nancy Pelosi: sf.nancy@mail.house.gov
Non-constituents: americanvoices@mail.house.gov
May 22nd, 2007 at 2:23 pmThe problem they had with FISA was that it was a law…They want absolute authoritarian rule, the constitution is quaint to this bunch of would be despots…..THIS IS THE SAME BUNCH WE KICKED THE SHIT OUT OF AND HANGED IN 1945….TAKE THE BLINDERS OFF!!!!!!!!
May 22nd, 2007 at 2:24 pmNancy Pelosi and Harry Reid MUST be REMOVED from Office. We need REAL DEMOCRATS. We need a REAL OPPOSITION PARTY. We need politicians who go for the jugular.
Call 202-225-0100 and let Pelosi HAVE IT.
May 22nd, 2007 at 2:28 pmEveryone is wondering why the wait to impeach. Hasn’t anyone ever watched Law and Order? The case must be built, brick by brick, before the rush to trial. Look what happened with OJ? Let Congress do it’s job. That being said, I will be surprised if Bush et al finish out their terms.
May 22nd, 2007 at 2:34 pmI’m mourning over this too Larry.
The Dems also refused to sponsor Rep. Defazio’s bill to redeploy our troops. He has gotten ZERO co-sponsors
Write your reps and pelosi:
Emailing Nancy Pelosi: sf.nancy@mail.house.gov
Non-constituents: americanvoices@mail.house.gov
8. H.R.2031 : To safely redeploy United States troops from Iraq.
Sponsor: Rep DeFazio, Peter A. [OR-4] (introduced 4/25/2007) Cosponsors (None)
Committees: House Armed Services; House Foreign Affairs
Latest Major Action: 4/25/2007 Referred to House committee. Status: Referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
http://thomas.loc.gov/ cgi-bin/ bdquery/ z?d110:HZ00187
……………………
May 22nd, 2007 at 2:36 pmGo to CodePINK’s webpage - The have a PELOSIWATCH section with actions to take like swarming or occupying the Dems offices in Congress.
When Gonzales fall’s …and he will fall. The door to Dick and Chimp will be opened a little wider. Leahy and Specter are moving in the right direction. For the love of all thats good and holy. (Democrats) we praise thy holy name….
May 22nd, 2007 at 2:45 pmFISA is a quaint, pre-9/11 law. Fred Fielding says don’t give you guys anything, so I won’t. Nanny nanny poo poo!
May 22nd, 2007 at 2:45 pmLeahy, Specter Demand Answers From Gonzales On Domestic Spying
You know, I honestly don’t believe any of this any more. These guys demand answers like I promise to lose weight. Unfortunately, the country has a lot more to lose than just a spare tire.
May 22nd, 2007 at 2:46 pmThe trolls warn us not to push too hard, or our strategy will backfire. Typical: Be afraid of exercising your rights, or something bad will happen.
Well, bitchez, I’m feelin’ reckless!
We need to jack one of these clowns up seriously bad (like starting them on the road to prison), and put some fear into the rest of them.
Wanna’ out maneuver Faux News? Just send out one subpoena every hour, and try to let them keep up. Subpoena everybody. make them bring documentation with them (as is required by law), or be charged, summarily tried and convicted of being in contempt of Congress, and held until they are in compliance with the law. (Once jailed, there will be no Habeas Corpus bullshit, either - cough it up, or we put you on bread and water).
This is serious stuff, and the Dems need to act NOW. Without fear, second-guessing, equivocation, or remorse and within the bounds of the law.
Apparently, they’re much too meek to get the job done.
May 22nd, 2007 at 2:51 pmI am not a Troll.
May 22nd, 2007 at 2:59 pmMe neither.
May 22nd, 2007 at 2:59 pmSorry didn’t read any of these post’s…After yesterday and the past few week’s I am weary..Might as well give it up here, I don’t see any of the much needed impeachment going anywhere..Seem’s like more games and comittees just to use up time while we loose all our right’s and more troop’s die daily…Palosi and Reid don’t appear to be doing anything diffrent than the rest of the rep’s and rep lite do all day every day…Play game’s and cave into this terribly corrupt government….I’m gonna move back to the state where I can pack and survive along with being able to see these crazy basterd’s from a long way off..Blessings
May 22nd, 2007 at 3:04 pmLeahy is all business. He should have drafted articles of impeachment against Gonzalez.
May 22nd, 2007 at 4:46 pmI’M GETTING REAL TIRED OF THIS “DEMAND” BULLSHIT AND BACKING DOWN OF DEFUNDING THE WAR!!!
LEAHY AND SHUMER BETTER START IMPEACHING MEMBERS OF THIS ADMINISTRATION BEFORE THE DEMS LOSE ME. I WASN’T AT ALL POLITICAL UNTIL BUSH AND THE NEOCONS CRAWLED OUT FROM UNDER A ROCK AND NOW I’M GETTING TIRED OF THE DEM LEADERSHIP ALREADY.
BUSH et. aL. NEED TO BE RELEGATED TO OBLIVION NOW.
May 22nd, 2007 at 6:06 pmwhen the dems took the congress I knew not much would get done,sitten bush still has the final say and it is veto. we will have our chance in ‘08 to put the right guy in the oval office and give the congress the power. but remenber you have to make some noise, keyboards are silent!
May 23rd, 2007 at 12:36 pm