WASHINGTON - Vice President Dick Cheney blocked the promotion of a Justice Department official involved in a bedside standoff over President Bush's eavesdropping program, a Senate committee learned Wednesday.
In a written account, former Deputy Attorney General James Comey said Cheney warned Attorney General Alberto Gonzales that he would oppose the promotion of a department official who once threatened to resign over the program.
Gonzales eventually decided against trying to promote Patrick Philbin to principal deputy solicitor general, Comey said.
"I understood that someone at the White House communicated to Attorney General Gonzales that the vice president would oppose the appointment if the attorney general pursued the matter," Comey wrote. "The attorney general chose not to pursue it."
Comey responded to written questions from the Senate Judiciary Committee chairman, Sen. Patrick Leahy (news, bio, voting record), D-Vt.
Comey's account provides new detail in a sprawling, Democratic-elicited story of how much the White House influences the department's operations.
Also Wednesday, the department released 39 new pages of internal e-mails and documents that partly detail efforts by the department's former White House liaison, Monica Goodling, in January 2006 to obtain authority to hire and fire political staffers.
"Ok to send up directly to me, outside of system," Goodling wrote in a Jan. 19, 2006, e-mail to Paul Corts, the assistant attorney general for administration.
The Democrats' investigation into whether the firings of eight U.S. attorneys were improperly political led to testimony last month in which Comey disclosed details of a hospital visit on March 10, 2004, to the attorney general at that time, John Ashcroft.
Democrats contend the story shows the White House's heavy-handed influence over the department, including the agency's role to periodically endorse the National Security Agency's eavesdropping program.
Philbin was one of two Justice Department officials who led a review of the classified program and provided some of the research that led Comey to refuse to endorse it, Comey said.
"Mr. Comey has confirmed what we suspected for a while that White House hands guided Justice Department business," said Sen. Chuck Schumer, D-N.Y., who is leading the Senate's investigation. "The vice president's fingerprints are all over the effort to strong-arm Justice on the NSA program."
Cheney spokeswoman, Lea Anne McBride, declined to respond, citing the administration's policy of not commenting on personnel matters.
According to Comey, he and Ashcroft had refused to recertify the legality of Bush's warrantless wiretapping program for reasons that are classified. When Ashcroft fell ill with pancreatitis, the powers of his office transferred to Comey, Ashcroft's deputy.
During a meeting at the White House on March 9, 2004, Comey told Cheney he would not certify the program, he said in his written remarks Wednesday.
The next night, then-White House Counsel Gonzales and Bush's chief of staff, Andy Card, went to Ashcroft's bedside in intensive care unit at George Washington University Hospital. Tipped to the impending visit, Comey and his aides were present when Gonzales urged Ashcroft to recertify the program. Ashcroft, who just had gall bladder surgery, refused, Comey testified last month.
The White House recertified the program without the department's endorsement. That led Comey, Ashcroft, FBI Director Robert Mueller, Philbin and other department officials to prepare their resignations. Faced with a mass walkout at the top of his Justice Department, Bush relented and changes in the eavesdropping program that Comey and Mueller said were necessary to win their approval.
According to Comey, Philbin later was considered for a promotion to be principal deputy solicitor general ?- lieutenant to the lawyer who represents the government before the Supreme Court.
"It was my understanding that the vice president's office blocked that appointment," Comey said in his written remarks.
...Addressing reporters at a news conference, Bush said the vote on Attorney General Alberto Gonzales - which he called "a political statement on a meaningless resolution" - would have no bearing on Gonzales's future, no matter how it turns out.
"They can try to have their votes of no confidence, but it's not going to determine - make the determination who serves in my government," Bush said, adding, "This process has been drug out a long time, which says to me it's political."...
White House officials subpoenaed in U.S. attorneys probe
WASHINGTON (CNN) -- Subpoenas are being issued to two former White House officials, the first to be subpoenaed in the fired U.S. attorneys investigation.
The chairman of the Senate Judiciary Committee on Wednesday issued a subpoena to Sara Taylor, former White House political director. About the same time, it was announced that the House Judiciary Committee will issue a subpoena in the same case to former White House counsel Harriet Miers.
Both committees say they will also subpoena documents from the White House, also a first in the investigation.
The committees have issued subpoenas for officials and documents from the Justice Department. The committees are investigating whether the firings of eight U.S. attorneys last year were politically motivated and whether the White House was involved.
Taylor resigned from her White House job a couple of weeks ago. Miers resigned her White House post in January. President Bush has nominated Miers to serve on the Supreme Court but later withdrew her nomination. A day earlier, White House spokesman Tony Fratto said that the last batch of e-mails provided to investigators by the Justice Department, "shows again that there was no wrongdoing in the replacement of U.S. attorneys."
Sen. Patrick Leahy, D-Vermont, who chairs the Senate Judiciary Committee, has been authorized to subpoena several current and former White House officials including Taylor, Miers and Karl Rove, President Bush's top political adviser.
Leahy warned the White House that subpoenas would be issued if it does not fully cooperate with the Senate effort to provide the desired information.
The Justice Department has issued no comment.
One communication from a White House political operative, made public Tuesday, described as "lazy" a U.S. attorney who was removed from his post in Arkansas to make room for a candidate with ties to Rove.
"It must be terribly frustrating to Chairman [John] Conyers [D-Michigan, chairman of the House Judiciary Committee] and Chairman Leahy that more documents come out and still again there's no evidence of any wrongdoing," Fratto said.
"Instead what you see is Harriet Miers, the general counsel at the time, communicating with Kyle Sampson. You see a commitment with using the confirmation process ... concern for the public reputation of U.S. attorneys.
"The bottom line -- there's no news in these e-mails. I know Conyers and Leahy say this shows more White House involvement in the process than was known. No, it doesn't. It doesn't show any more than we've talked about extensively.
"If you're talking about presidential appointees, it's perfectly natural that staff be involved in those discussions. This is more proof there was no wrongdoing in the effort to replace those U.S. attorneys."
In a February 16 e-mail message, Taylor wrote then-Attorney General Chief of Staff Kyle Sampson objecting to the testimony of Deputy Attorney General Paul McNulty.
McNulty told a Senate panel that U.S. Attorney Bud Cummins in Little Rock, Arkansas, had been removed only because of political considerations, and not for any performance-related issues.
McNulty said he understood Miers, then White House counsel, had recommended as a replacement for Cummins a candidate named Tim Griffin because the administration wanted to give another lawyer an opportunity to serve. Griffin had worked for Rove and for the Republican National Committee but also had military prosecutorial experience.
"Why would McNulty say this?" Taylor inquired in the e-mail. "McNulty refuses to say Bud is lazy -- which is why we got rid of him in the first place."
Sampson gave a noncommittal answer, saying he looked forward to discussing the matter further.
Sampson was the key department official in charge of deciding which U.S. attorneys should be dismissed, and he was the main liaison with the White House over the process. He resigned when the controversy became public.
According to Leahy, "These documents, which should have been released by the department long ago, provide further evidence that White House officials like former Political Director Sara Taylor were deeply involved in the mass firings of well-performing prosecutors. We need an end to the White House stonewalling of our investigations so we can learn the truth."
Cyclo, I don't expect much coming out of these "investigations." We all know who the real culprits are by now, but only the "underlings" are being investigated and maybe prosecuted. This administration has been brazen in its destruction of our democracy, but nobody seems able to do what is right for our country. It really is disheartening.
Did anyone see this major Whitehouse Press Release?
Bush signed it right after Gonzales finished the paperwork on Cardona.
Here's a Decent Timeline of what just happened.
