Alberto Gonzalez, The Sequel

NY Times Editorial, January 28, 2009

Former Attorney General Alberto Gonzales should have considered himself a lucky man when he was allowed to resign in disgrace in August 2007 without being hauled into Congress on perjury or contempt charges.

He was in the thick of President George W. Bush’s most damaging attacks on the rule of law. As White House counsel, he helped to justify torture and illegal wiretapping. As attorney general, he politicized the Justice Department. And he misled Congress in both jobs.

He could have told the truth about those things. Or, he could have gone quietly away and waited for a subpoena from the Obama administration.

Instead, he is trying for some sort of bizarre comeback by painting himself as an upstanding man victimized by a “mean-spirited town.”

In an interview with National Public Radio this week, Mr. Gonzales attacked President Obama’s choice for attorney general, Eric Holder, for saying that waterboarding is torture. To hear Mr. Gonzales tell it, Mr. Holder was in the wrong — not the lawyers like Mr. Gonzales who tortured the law to justify torture, or the former defense secretary, Donald Rumsfeld, who approved its use, or the interrogators who actually subjected detainees to waterboarding and other inhumane and illegal interrogation techniques.

Making a “blanket pronouncement like that,” Mr. Gonzales warned, might affect “the morale and dedication” of intelligence officials. He said agents at the Central Intelligence Agency “no longer have any interest in doing anything controversial.”

We’re certainly glad to hear that.

No one in the Bush administration — certainly not Mr. Gonzales — has offered evidence that torturing prisoners produced reliable information. It did undermine the law, further endanger American soldiers who might be captured in the field and destroy the nation’s image.

Mr. Gonzales did not stop there. He said it was his subordinates’ fault that nine United States attorneys were fired for obviously political reasons. “I deeply regret some of the decisions made by my staff,” he said.

Mr. Gonzales had no regrets about the infamous visit he paid to the hospital room of then-Attorney General John Ashcroft in 2004 while he was White House counsel. Mr. Ashcroft was barely conscious after serious surgery, but Mr. Gonzales and Andrew Card, then the White House chief of staff, tried to get him to sign off on a program to eavesdrop on Americans without a warrant.

James Comey, then the deputy attorney general, rushed to the hospital and managed to thwart the plan. As for reports that the illegal eavesdropping program had prompted threats of a mass resignation by top Justice officials, Mr. Gonzales dismissed that with an airy “lawyers often disagree about important legal issues.”

Mr. Gonzales said he was not worried about being prosecuted for his actions because he was “acting in good faith” and — yes — following orders.

That smug self-assurance should be another powerful reminder to the White House of the need for an unsparing review of all of Mr. Bush’s policies on torture, wiretapping and executive power. Only by learning the details of those disastrous decisions can the nation hope to undo the damage and make sure these mistakes are not repeated.

The White House Mole

From Greetings: an intriguing column from Dan Froomkin of Washingtonpost.com and Niemanwatchdog.org. So the reason there was no one in the White House "called on" being warned about the pre-9/11 disinterest in Al Qaeda warnings was because "their guy" was the head of the 9/11 Commission? These are not pleasant revelations.

By Dan Froomkin , washingtonpost.com
Monday, February 4, 2008; 1:41 PM

Less than four months before the 2004 election, it looked like President Bush might face a perilous accountability moment.

An independent, bipartisan commission was set to report on the "circumstances surrounding the September 11, 2001 terrorist attacks, including preparedness for and the immediate response to the attacks."

The White House had a lot to lose from an unfettered, authoritative examination of those issues. The last thing Bush needed during a hotly contested reelection campaign was a reminder of his inattention to the threat of terrorism before 9/11, or of his initial paralysis when he heard the news, or of his misbegotten attempts to pin the blame on Iraq.

Bush originally fought the establishment of such a commission. Even after he bowed to congressional pressure, he still only went along grudgingly. For instance, he famously refused to face the panel alone or in public, insisting instead on a private, unrecorded interview with Vice President Cheney at his side.

But when the report finally came out, it was clear Bush had dodged another bullet. The commission spread the blame for 9/11 far and wide and emphasized needed structural changes over accountability.

Now, it seems the White House may not have needed to be too apprehensive about the commission's report. It had an inside man. And he was one of the guys in charge.

Hope Yen writes for the Associated Press: "The Sept. 11 commission's executive director had closer ties with the White House than publicly disclosed and tried to influence the final report in ways that the staff often perceived as limiting the Bush administration's responsibility, a new book says.

"Philip Zelikow, a friend of then-national security adviser Condoleezza Rice, spoke with her several times during the 20-month investigation that closely examined her role in assessing the al-Qaida threat. He also exchanged frequent calls with the White House, including at least four from Bush's chief political adviser at the time, Karl Rove.

"Zelikow once tried to push through wording in a draft report that suggested a greater tie between al-Qaida leader Osama bin Laden and Iraq, in line with White House claims but not with the commission staff's viewpoint, according to Philip Shenon's 'The Commission: The Uncensored History of the 9/11 Investigation.' . . .

"Reached by the AP, Zelikow provided a 131-page statement with information he said was provided for the book. In it, Zelikow acknowledges talking to Rove and Rice during the course of the commission's work despite a general pledge he made not to. But he said the conversations never dealt with politics.

"The White House had no immediate comment Sunday."

Michael Isikoff writes in Newsweek: "In the summer of 2003, Warren Bass, an investigator for the 9/11 Commission, was digging through highly classified National Security Council documents when he came across a trove of material that startled him. Buried in the files of former White House counterterrorism czar Richard Clarke, the documents seemed to confirm charges that the Bush White House had ignored repeated warnings about the threat posed by Osama bin Laden. Clarke, it turned out, had bombarded national-security adviser Condoleezza Rice in the summer of 2001 with impassioned e-mails and memos warning of an Al Qaeda attack--and urging a more forceful U.S. government response. One e-mail jumped out: it pleaded with officials to imagine how they would feel after a tragedy where 'hundreds of Americans lay dead in several countries, including the U.S.,' adding that 'that future day could happen at any time.' The memo was written on Tuesday, Sept. 4, 2001 -- just one week before the attacks on New York's World Trade Center and the Pentagon.

"But when Bass tried to impress the significance of what he had discovered upon the panel, he ran into what he thought was a roadblock -- his boss. Philip Zelikow, a respected University of Virginia historian hired to be the 9/11 Commission's executive director, had long been friendly with Rice. The two had coauthored a book. Rice had later placed him on a Bush transition team that reorganized the NSC (and ended up diminishing Clarke's role). At Rice's request, Zelikow had also anonymously drafted a new Bush national-security paper in September 2002 that laid out the case for preventive war.

"In commission staff meetings, Zelikow disparaged Clarke as an egomaniac and braggart who was unjustly slandering his friend Rice, according to [Shenon's] new book. . . .

"Rove himself, according to Shenon, always feared that a report which laid the blame for 9/11 at the president's doorstep was the one development that could most jeopardize Bush's 2004 re-election. That's one reason why White House lawyers tried to stonewall the commission from the outset. When Clarke finally did testify about his warnings to Rice, Shenon reports, White House counsel Alberto Gonzales and his aides feverishly drafted tough questions and phoned them in to GOP commissioners to undermine Clarke's credibility. Later, when Attorney General John Ashcroft unveiled a memo that seemed to cast the antiterror record of the Clinton Justice Department in an unflattering light, Gonzales and his aides high-fived each other."