It may be time to start heating up that Texas toast. Here's the Associated Press report:
FBI Director Robert S. Mueller said Thursday the government's terrorist surveillance program was the topic of a 2004 hospital room dispute between top Bush administration officials, contradicting Attorney General Alberto Gonzales' sworn Senate testimony.
Mueller was not in the hospital room at the time of the dramatic March 10, 2004, confrontation between then-Attorney General John Ashcroft and presidential advisers Andy Card and Gonzales, who was then serving as White House counsel. Mueller told the House Judiciary Committee he arrived shortly after they left, and spoke with the ailing Ashcroft.
"Did you have an understanding that that the conversation was on TSP?" asked Rep. Sheila Jackson Lee, D-Texas. TSP stands for terrorist surveillance program.
"I had an understanding the discussion was on a NSA program, yes," Mueller answered.
Jackson asked again: "We use 'TSP,' we use 'warrantless wiretapping,' so would I be comfortable in saying that those were the items that were part of the discussion?"
"The discussion was on a national NSA program that has been much discussed, yes," Mueller responded.
The NSA, or National Security Agency, runs the program that eavesdropped on terror suspects in the United States, without court approval, until last January, when the program was put under the authority of the Foreign Intelligence Surveillance Court.
On Tuesday, Gonzales repeatedly and emphatically denied that the dispute was about the terrorist surveillance program.
If it weren't for that "yes" at the end of each response, I'd wonder if Mueller was offering up some more extreme parsing for the sake of confusing everyone. Is this a warning to Gonzo that he'd better get hustling on "correcting" his testimony within the week that Sen. Leahy gave him, or worse contradictions might come to light?
Update 1: eCAHNomics in comments, and Emptywheel via email, mention that Mueller has acknowledged that he has notes of his discussions with Ashcroft and James Comey regarding the hospital visit & surveillance program. Pass the popcorn...
Update 2: You know you want to see the video.
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zed?
Woooo-hoooo! The birthday week gets better and better!
-S
By a mile!
dos? tres?
heh
Gonzo is Texas toast, yes.
Impeach Gonzo!!!! Maybe Jane will get her birthday present after all. Lets see what Tony Snowjob has to say about it now.
This is great timing. The dems have been doing coordinated planning. I’m impressed.
That’s a big bus coming down the road, Mr. Gonzales. Better step aside there, young feller.
We are focusing on Mr. G’s predicament; but the real story, the one that counts, is the matter they discussed. What exactly were they doing? I hope this gets followed up, because it may just scare ordinary people into action to know that everything they say and was — probably still is — being monitored by Big Brother.
wow, flamin’ justice!
cool, swopa. thanks.
Wow! Was out all day and just got home to read all these revelations…woo hoo! Justice!
Biodun @ 6
Gonzo is Texas toast, yes.
Not yet. Yhe little worm can still “correct” his “mistaken” testimony.
Abu said yesterday that he’s sticking by his testimony, but he’s not exactly known for being truthful, now is he? (no fair answering this question with an ‘I don’t recall’)
Wadaya all think about Mueller’s notes? Are they likely to be revealing? And what did he mean by “deliberative?”
Good on Conyers for calling Meuller….he is laying it out step by step……
Hear that unka Karl? LMAO
I was reading over at TPM (via Raw Story) though that the Justice Dept won’t enforce the subpoenas.
Ellison discussing the American Muslim community. Elicits that this population has been helpful. Always room for improvement.
Ellison, arrests in Deerbourne, banks will be terminated? Meuller says there will be times that the FBI has to do unpopular things. Relations can be improved.
“On Tuesday, Gonzales repeatedly and emphatically denied that the dispute was about the terrorist surveillance program.” per AP, quoted above.
Not true! He repeatedly and emphatically denied that the dispute was about the “terrorist surveillance program that the President confirmed.” The President did not confirm the existence of the parts of the program that were dropped on account of Comey’s and Mueller’s objections.
@ 15
I think this is going to work out to be a good thing…
eCAHNomics @ 13
could be promising. I mean, even congresspeople can still detect the smell of a rat. Rockefeller’s little missive comes to mind…
I guess some folks here and there still care about integrity and have taken steps to prove their claims beyond the shadow of a bought and paid for reporter.
BigMitch @ 17
I do not understand what was the purpose of AGAG saying this. Can anyone explain whathe was trying to accomplish? Did it relate to perjury possibilities in an earlier testimony?
Conyers: “It’s been a very fruitful day”…!
OldCoastie @ 18
How?
That was cool.
BigMitch @ 17
Is there any significance that the transcript in Swopa’s post says “a program” not “the program”? A program that nobody wants to talk about?
do-si-do @ 19
Oh, my other Q is, how did Davis know Mueller had notes? Shot in the dark or did a little fairy tell him?
Even if Gonzo “fixes” yesterday’s testimony, he then faces another perjurious statement — when he said under oath that there was no internal DOJ disputes or disagreements over the warrantless wiretapping program. Mueller nails down Comey’s testimony that he and other DOJ were ready to resign over “a program.” Mueller has now all but confirmed the program Comey was ready to resign over was warrantless wiretapping, the subject of the bedside mtg.
If I’ve got this wrong, someone pls. correct me. Thanks.
LS @ 21
Yep. Beer-thirty.
Abu can still still always recall a knowledge of remembering, which he forgot to testify about at a hearing he can’t recall, at which a question was asked that he doesn’t remember. But he could correct the record with his newly-recalled knowledge of a remembrance of a matter which slipped his mind.
I was wondering just that this morning — why did Abu lie? And why wouldn’t he do a “Rove,” take a big dose of Gingko, and suddenly unmisremember?
Nobody wants to be Scooter.
I have a question. Just for grins, let’s say the whole lot is held in inherent contempt. This really needs to be addressed in the House, doesn’t it? Because, according to the evil wikipedia, in the Senate the proceedings are chaired by none other than the Senate President, VP Darth Cheney. And we all know where that will end up.
Good for Conyers & co! He needs to get on the tails of Karl and Gonzo next.
I read Mueller as being evasive. Any wiretapping (commnications surveillance) program is going to be handled by the NSA; that’s their mandate. So, in saying repeatedly saying that it was “an NSA program,” he is telling us absolutely nothing — he’s simply avoiding the question in a rather sophomoric way.
Haven’t read it yet, but Marcy has a post on the Rove subpoena.
http://thenexthurrah.typepad.com/the_next_hurrah/
Jane Hamsher @ 29
that’s what I’m wondering - like he’s out there wagging his big bare ass at the committee intentionally… double-dog dare ya’!
Jane Hamsher @ 29
He’s protecting the Chimpenfuhrer, whom he still thinks of as his client.
wigwam @ 31
I thought toward the end Mueller said that it was the program that everyone was talking about, ordid I hallucinate that?
eCAHNomics @ 27
OK, I’ll finally come out with this after over a year at FDL: What is the origin of beer-thirty? It’s probably from emptywheel. It’s going out and having beers, but what the hell is the thirty?
Jane Hamsher @ 29
Why not?
400 hours community service and a cushy post-Administration job that enables you to post a $250k fine in under a day seems to be small disincentive.
eCAHNomics @ 20
Um, am i thinking what you all are thinking…that Abu is doing his darndest to take a bullet for W? IOW, if some even more nefarious aspect of the NSA/TSP program comes to light, that the Bushster can deny ever knowing about it? Perhaps that is the sole purpose????
Am I being stoopid again?
See now this is what makes me so sick to my stomach about spineless Dems.
Even now Leahy gives this scumbag another week to amend his testimony. Or else what?
Special Prosecutor. Big fucking deal. Fitzgerald took what, 3 years to convict Libby. Then he was (excuse me, will be) pardoned anyway.
By the time a new prosecutor even gets started Bush’s term will be over. And this lying piece of shit USAG will STILL be in place.
There is more than enough eveidence to IMPEACH Gonzales NOW. WHAT THE FUCK ARE THEY WAITING FOR!!!
And just to answer my own question, they are waiting for the clock to run out just like Bush and gang.
Christ, I’m just so fucking sick of it all……….
@ 22
force Congress to issue “inherent contempt” citations and make their own arrests instead of waiting 500 years for the courts to decide… but that’s just my impatience speaking.
eCAHNomics @ 20
Yes. Gonzo said that there was no serious dispute about the “TSP that the President confirmed.” In a twisted, misleading way, this is true, since the only parts that the President confirmed were not subject to objection. However, any normal person, i.e. not a lawyer, listening to this would have concluded that there was objection to the TSP or at least parts of it. So, yes, he is trying to avoid being charged for perjury for saying there was no objection to the TSP.
Having said that, Knut @ #9, supra, makes a good point. We don’t know, and perhaps we never shall, what are the parts of the program which were objected to, by Comey, Mueller, and belatedly by Ashcroft. Considering how blatently illegal the TSP as we know it was, the objectionable parts must have been way out there. And we should not lose sight of the fact that upon the advise of John Yoo, these parts were in operation for nigh on to two years. Scary shit, for sure.
eCAHNomics @ 35
That didn’t exactly do much to clarify things - at least to me.
eCAHNomics @ 25
Why did Mueller think the event was of sufficient importance to take notes. He must have seen that this was maybe going to be a problem in the future and wanted to be absolutely sure of his own ground? Even as FBI Honcho he must still have been worried about what these bushies would do next… about him and Comey?
eCAHNomics @ 25
My money’s on a little Justice fairy.
Biodun @ 36
Don’t knwo the origin of beer-thirty but probably similar to having to get up at O’dark thirty for a plane or whatever.
eCAHNomics @ 25
I don’t Mueller tipped them off–he looked really pissed that Davis had asked, and tried to get out of admitting he had them. He first said “he might have” notes, then ‘fessed up.
I’m concerned about his claim of deliberative privilege. If he memorialized his meeting with Bush (which Davis didn’t ask about, which is what I wanted him to ask), he would be able to protect him bc CLEARLY that was deliberative.
But the other stuff? I noted he said his lawyer was a govt lawyer, so I think they’ve advised him to invoke privilege expansively.
Jane Hamsher @ 29
I think they got overconfident, and the Dems sprang a trap Gonzo & Co. didn’t expect.
Biodun @ 36
It’s the time on the clock when you go out to have a beer.
Like dark o’clock is when you get out of bed if you have an early morning meeting.
Mark C @39
Chill man. This will roll downhill faster than Nixon. Keep the faith!
Seems like HJC & SJC are more coordinated than I presumed.
Biodun @ 36
Beer Thirty = Quitting Time!
Mark C @ 39
You’re in good company, dude. I ranted yesterday. But today I feel like the noose might be tightening and Congress wants to make sure the knot is going to hold.
The way everyone in Bushco parses words, spins, etc. I suppose they want a rock solid case to bulldoze the amnesia defense.
Just my thoughts. I share your impatience, though.
eCAHNomics @ 48:
Thanks. Irish, then I take it.
dakine01 @ 45
I got it from my brother. And used it for the liveblog just so the MSM would have a legitimate reason to mock us bloggers, since we were kicking their ass in every other way. They must have a special acronym for me–beer-besotted fucking hippie.
But I’ve been told beer thirty has a different origin, someplace real. It’s probably some kind of pop culture reference I don’t know about.
Hey Orrin:
Just as a general rule, having AG’s come to Congress and lie, that’s OK with you?
Or only when they are Republicans?
Give us your take.
Douglas Watts @ 26
No, I think you have it right. His lies yesterday, or at least some of them, were about NOT lying previously. So he either lied to cover up lies or he just plain lied. Either way, he did what?
OldCoastie @ 40
Oh….I understand. I’m not an attorney, so I’m always curious about the legal aspects, etc.
I remember, in some testimony past, that Gonzo basically alluded to a separate, and yet unknown, domestic surveillance program.
The noose draws tighter. Of course George Bush told huge lies. And thousands upon thousands have perished as a result. Is impeachment on the table yet?
do-si-do @ 44
I am hoping this is the case. Would be an important indication that the dam is breaking. Only it wouldbe an FBI fairy, not Justice? Accordingto testimony, no one outside of FBI knows existence of notes.
@ 57
I’m not a lawyer either, and I must say, I’m getting gratefuller and gratefuller about that very fact.
Swopa @ 47
I think the White House is itching for a fight over executive privilege.
Lindy @ 51
Beer Thirty = Now
eCAHNomics @ 60
I wonder what else this fairy knows. And if he or she has friends.
Jane Hamsher @ 29
I think it’s actually a pretty parallel structure to the way Scooter worked.
Scooter wanted to avoid every having to answer the question “Did Dick Cheney order you to leak Valerie Wilson’s identity after having gotten authorization from Bush?” So he lied about when he learned of Plame (July 10 rather than pre-July 8) and he lied about what he was ordered to leak to her (NIE instead of Plame) and so Fitz never got to go after the crowd jewels.
The same is true here. He’s going to lie about whether there WAS a dispute, so he’s never forced to explain the nature of the dispute, which is the crown jewels, because it is the BIG legal violation.
Plus, both Abu G and Scooter are protecting Dick and Bush. Better to have a loyal soldier go down and get pardoned than lose your general and his puppet.
emptywheel @ 54:
Yep. So I was right. You used it frequently during your memorable (and admirable) live-blog of Scooter’s trial.
If past is prelude, the FBI is the source of fairies.
Remember the perjury trap that Bush complained about, it appears AG got caught in the trap. In an earlier hearing he testified that there was no disagreement among DOJ staff regarding the TSP. He may have lied Tuesday to cover his previous false testimony
nomolos @ 63
One Fort Garry Pale coming up.
tommy yum @ 58
I think he was referring to the parts of the same TSP that were suspended when Comey, Mueller and (possibly) Ashcroft threatened to resign.
Oklahoma kiddo @ 59
Oh, Nanceeee, is there something you’d like to put back on the table?
EW-Thank you for clearing this up. My bold.
emptywheel @ 65
Thing is though, that this is all happening out in public, not behind the closed doors of a grand jury room, like with Scooter.
man Jane, it’s like you were reading my mind, as I was reading his testimony I’m thinking;
*perris, this sounds mightily like loophole city where he can change testimony without too much difficulty*
and then the yes to confirm to the questioner they are talking about the same thing
good take too, I didn’t consider he might be giving a warning to abu torture he has to come clean
now as far as the next testimony before congress;
leahey has to ask if abu’s testimony claiming “we don’t torture” is using his “understanding” of what constitutes torture.
he also has to repeat abu’s claim of what is and isn’t torture and ask if abu torture stands by that definition
he then has to give some examples that will not cause death, loss of limb or organ fialure and ask abu if he considers that torture
he has to say;
“suppose we had some savages rape your daughter before your very eyes without causeing death, organ failure or loss of limb…do you think that is torture or not?
this is one sick man this guy that lopoks like magilla gorilla known as “gonzo”
OldCoastie @ 18
I think this is going to work out to be a good thing…
Holy shite! The government is irretrievably broken.
The Justice Department is defying the legislative branch in service/deference to the executive branch. Hopefully, inherent contempt is now firmly back on the table.
Tomorrow’s headline: “Justice Department Launches Investigation of Manufacturer of Lindsay Lohan’s Ankle-Bracelet!!”.
The administration was involved in some illegal stuff at the highest levels and believed that they could get away with it for whatever reasons. They packed the courts, tried to cage elections to keep a repuke congress and would resort to exec priv and pardons to avoid facing justice.
Bush appointed his lapdog Gonzo to run the “Justice” department which used the political appointment for POLITICS.. ie to advance their agenda, and protect the administration.
The criminality is so brad and deep it is hard to comprehend. They have literally staged a coup in Haiti, spied on the UN and it wouldn’t surprise me if they had something to do with 9.11 that they are covering up. remember how they dodged the commission and finally testified in private with no transcript and no oath? What does that sound like to you?
Worst president ever ever ever.
@ 15
Wouldn’t this be the moment when all the career types and a few others with some integrity at the DOJ might just resign in unison?
emptywheel @ 65
snip…
Which is why he needs to be impeached and not just indicted. If my theory is correct, if he’s impeached convicted and then tried and convicted in court he can’t be pardoned.
mc @ 71
Besides another rounda beer and a bowla popcorn?…
OldCoastie @ 33
Perhaps he has mistakenly, in a fit of stupidity, jumped to the triple dog dare?
I don’t believe for ONE minute that we have anything near an inventory of what surveillance programs were in place, are in place, have been certified, were uncertified for awhile, or have never been certified.
And I do not believe anything BushCo has been “willing” to say publicly about these programs.
I think Mueller was burdened by having to testify honestly without spilling any more of the magic beans.
We don’t have a clue, folks. It’s endless tea leaf reading.
However, Gonzo is liable for perjury no matter how he chooses to ‘correct’ his testimony because he has told so many contradictory lies.
And it is epic that there is now paperwork, statements, and additional testimony showing that he has lied. And all in the same news cycle!!!!!!
The HJC may just have asked Mueller about the notes BECAUSE Comey had made notes.
Fern @ 73
Very important.
realworld @ 67
History repeats itself, first as farce, then as tragedy. (Source?)
When Reagan did the ole Conra-gate thing, it was as a farce. Or was the farce an impeachment for a blow-job? Either way, what we are witnessing is deadly serious.
realworld @ 56
Thanks — As such, I don’t see what Gonzales gains by ‘revising’ his testimony regarding the substance of the hospital bed visit. He emphatically told Schumer the subject was not the warrantless wiretapping. Now Mueller says it is. A ‘revision’ of Gonz’ testimony of that type would be tantamount to admitting to perjury. You can only “revise” so much before you have to plead insanity or alien abduction or lying under oath. That’s why, I think, Schumer pressed him so hard on that question.
realworld @ 67
Mueller did say he had told some close staffers.
And yes, those fairies do tend to huddle around the FBI, don’t they?
We can’t have this! Fire Mueller. He is obviously NOT a loyal Bushie. Remember, it is Bush family before Party before Religion before Country.
If Gonzo should “step down” right before the August recess can the chimp recess appoint a new AG while the Senate is gone?
And, if so, it’s just one more good reason for Harry Reid to keep ‘em at it - also to prevent the numerous other “jurists” and “ambassadors” and other WH operatives who will magically find their way in…
Swopa @ 47
Makes perfect sense, which seldom works with these guys. My two cents - he was told to say exactly what he said and rehearsed it on a disposable phone with Karl Rove - until he had his lines down. Why? Dunno…
Back to mowing 2 acres of overgrown lawns and cutting blackberry vines.
By giving him a week to clarify or change his testimony, does it let him off the hook? Jeebus, at what point do they just call bullshit on this and charge him with what he has been committing all along - perjury.
You know, I really like to see Cheney’s grand jury testimony and take a look at the “corrections” he was able to make to save his *ss. Do you think that the DOJ memo giving him and his staff allowed him to see independent counsel’s files, so he could tailor his responses? Or was Fitz truly firewalled off from the rest of the DOJ?
woo hoo. bout time, Bob. btw, Nixon resigned in August. who says nothing happens in August?
It’s getting thick. Maybe something will happen. Definitely worth a beer-thirty. I’m skipping my Pilates tonight — always torture anyway — for a happy hour over at our local wine bar. Hoping against hope.
Now for something completely different, but possibly relevant.
I read a story in my newspaper this morning about a Nova Scotia farmer who is looking for his bees, 40,000 of them. Apparently the worker bees got the feeling that the queen bee wasn’t giving them enough jelly or whatever it is that turns them on, and so they changed her diet so she would give birth to some other potential queens. Some princesses were hatched, a usurper emerged, killed off all the potential usurpers and caused a civil war in the hive. Half the hive went off with the old Queen, hence the lost bees. Wondering if this isn’t the start of a metaphor for the present administration. We have seen some bees leaving the ruche, lately.
SanderO @ 76
Good short summary. I’ll leave off the stuff about 9/11 for now.
BigMitch @ 70
From Glenn Greenwald yesterday:
OK legal eagles. I still have a big problem with the whole pardon your minion thingy:
I thought our FFs were smart enough to head this off? I know this was explained before, but this is like Bush pardoning himself…if exec privilege extends to these guys, then it means they are one big octopus.
realworld @ 78
The limitation on the pardon power is that it can’t undo an impeachment. It is available for subsequent criminal convictions. IMO.
Badwater @ 86
He can kiss his Medal of Freedom “Goodbye.” Such an untarnished award, that, eh?
The perjury traps are out of control!
I wish I could see what good this will all do . . . those creeps will just keep on doing what they do and no one will be able to stop them (until maybe January 2009).