by hilzoy
I didn't get a chance to watch the Gonzales hearings until late last night, so I'm late commenting on them (Transcript here.) But they were absolutely extraordinary, and not in a good way. If you didn't see any of it, here are links to video of the highlights, mostly courtesy of TPM: Leahy and Specter's opening statements; Leahy on NSA letters; Specter on the visit to Ashcroft on his hospital bed (Gonzales blames Congress); Feinstein on how many USAttorneys were fired (Gonzales doesn't know); Kennedy on torture; Schumer, Specter, and Feingold on whether Gonzales' claim that there was no dissent about the warrantless wiretapping program conflicts with the fact that, according to Comey, most of the senior leadership of the DoJ was prepared to resign over it; Schumer on who sent Gonzales and Card to Ashcroft's hospital bed. If you have to go with only a couple, this clip of Schumer questioning Gonzales gives a good sense of the overall level of mendacity and cluelessness, as does this clip of Feinstein; this one (Schumer) contains the moment that will probably get Gonzales cited for contempt of Congress.
It was an absolute fiasco. That's why it's worth watching some of the video: to get a sense for just how total a disaster it was. Dana Milbank gathers some quotes from the hearing:
"Consider some of the invective directed at the attorney general as he sat hunched and grim at the witness table:
"The department is dysfunctional. . . . Every week a new issue arises. . . . That is just decimating, Mr. Attorney General. . . . The list goes on and on. . . . Is your department functioning? . . . What credibility is left for you? . . . Do you expect us to believe that? . . . Your credibility has been breached to the point of being actionable."
And that was just from the top Republican on the committee, Arlen Specter (Pa.). Democrats had to scramble to keep up with the ranking member's contempt.
"I don't trust you," announced Chairman Pat Leahy (D-Vt.), who paused, while swearing in the witness, to emphasize "nothing but the truth" -- as if lecturing a child.
"You just constantly change the story, seemingly to fit your needs to wiggle out of being caught," added Chuck Schumer (D-N.Y.).
"You, sir, are in fact the problem," submitted Sheldon Whitehouse (D-R.I.) (...)
As he fielded complaints yesterday, Gonzales had no briefing book before him; this made sense, because he had no answers for the senators' questions.
Leahy asked if Gonzales would block prosecutors from prosecuting contempt-of-Congress cases. "I'm not going to answer that question," the witness answered.
"Do you think constitutional government in the United States can survive if the president has the unilateral authority to reject congressional inquiries?" Specter pressed.
"I'm not going to answer this question."
Specter pronounced the situation "hopeless" and moved on to another question.
"I'm not going to answer that question," Gonzales said anew.
"How about the death penalty case?" Specter pursued.
"I have no specific recollection as to this particular case," the attorney general said. Whitehouse threw his reading glasses to the table and smacked his palm to his forehead."
It was like that for three hours.
Josh Marshall has been saying for some time that Bush can't fire Gonzales, and that this isn't just because having to go through confirmation hearings for a new Attorney General would be too embarrassing, but because no Attorney General who was not a lot more independent than Gonzales would be confirmed, and any such Attorney General would not thwart investigations against the White House. This hearing provides some really strong evidence for that: Gonzales was not just embarrassing, he was so embarrassing that it's hard to see how even a confirmation hearing for a new AG could be worse. Moreover, as far as I could tell, Gonzales didn't care how embarrassing he was. For instance, consider Milbank's claim that Gonzales didn't have a briefing book. That's extraordinary, and it would just defy explanation if it mattered at all to Gonzales how he did in the hearing. Only the fact that it doesn't -- that he knows that he can say literally anything without risking being fired -- could explain his performance yesterday.
For this reason, I don't think it mattered to him that his testimony yesterday, even if truthful, would imply that he is not just incompetent, but so completely and utterly clueless that it's really not an exaggeration to say that a smart junior high school student would do a better job. Take, for instance, the fact that he still claims not to know how many US Attorneys were fired, how their names got on the list or who put them there, and for what reasons they were fired. Pretend for a moment that you think this is true. Is it possible that anyone who wasn't brain-damaged would not have found out the answers to these questions by now, after all this time and all this scandal? Likewise, is it credible that Gonzales seems to be ignorant of more or less everything that goes on in the Department he allegedly runs -- major cases, policy changes, personnel matters, you name it? After some of the Senators posted their questions (pdf) in advance, on the web?
This is one of those cases in which, for the purpoes of deciding whether or not he should keep his job, it really doesn't matter whether he was telling the truth or not. Either he wasn't, in which case he is breaking the law, or he was, in which case he should probably be sent off to some pleasant facility where he can make little popsicle stick trivets while recieving the care he needs. In neither case should he be Attorney General of the United States of America.
Of course, the fact that Gonzales can say anything without risking being fired does not mean that he can say anything without risk. He could be charged with perjury, and a lot of the Senators came pretty close to saying that they thought he should be. Spencer Ackerman explains the two most important cases of apparent perjury, but there are others. He could also be charged with contempt of Congress. Personally, I think that his entire performance was just one long display of contempt, and that he could be charged on the basis of the whole hearing. But there's one part that seems particularly likely to get him into trouble. I linked to it above, but here it is again, along with commentary from Josh Marshall. Basically, Gonzales refuses either to answer some questions or to explain on what grounds he is refusing to do so. The second point is crucial: when you're testifying before Congress, you do not get to just decide not to answer the questions. As Josh Marshall said in the post I just linked to:
"Testifying before Congress is like being called to testify in court. You have to answer every question. Every question. You can fudge and say you don't remember something and see how far you get. Or you can invoke various privileges. And it's up to the courts to decide if the invocations are valid. But it's simply not permitted to refuse to answer a question. It is quite literally contempt of Congress."
Two last points. First, Gonzales' best attempt to explain why he did not perjure himself when he said that there had been no disagreement about the warrantless wiretapping program waqs that despite what he said in an earlier press conference, the disagreement that led to the famous showdown at Ashcroft's hospital bed did not concern the warrantless wiretapping program. If so, that implies that there is another secret program, so far undisclosed, that people in the DoJ were so worried about that they were prepared to resign over it. What, I wonder, might it be? Burglarizing people's houses without warrants? Opening our mail? The mind boggles.
Second, never forget that it is George W. Bush who is keeping Gonzales in office. Gonzales is bringing ridicule on the DoJ, and on the country. His actions have brought all sorts of prosecutions into serious question, and have cast a cloud over a lot of decent DoJ officials. They are surely distracting the DoJ from its work, and hurting its morale. In the final analysis, George W. Bush is the one who has to decide what matters most to him: the integrity and trustworthiness of our nation's law enforcement, or protecting his own administration from investigation and, perhaps, prosecution. He is, as he says, the decider, and he is the one who has chosen his own interests over the interests of the country.
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