In the continuing saga that is the New York Times parceling of information about President Bush’s warrantless wiretap program, Eric Lichtblau and James Risen report that top Justice Department officials may have refused to certify the domestic surveillance program in 2004. The report claims that Bush’s chief of staff, Andrew Card, and then-White House counsel Alberto R. Gonzales visited then-attorney general John Ashcroft in the intensive care unit of George Washington University Hospital to obtain the attorney general’s certification of the probably illegal surveillance program.
Ashcroft was hospitalized for gallblader surgery and his top deputy, James B. Comey “had indicated he was unwilling to give his approval to certifying central aspects of the program, as required under the White House procedures set up to oversee it,” according to the Times article. Some accounts indicate that Ashcroft was also reluctant to certify the domestic surveillance program “in light of concerns among some senior government officials about whether the proper oversight was in place at the security agency and whether the president had the legal and constitutional authority to conduct such an operation.”
“It is unclear whether the White House ultimately persuaded Mr. Ashcroft to give his approval to the program after the meeting or moved ahead without it.”