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Mueller Notes: Hospitalized Ashcroft "Feeble, Barely Articulate, Clearly Stressed"

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August 16, 2007 4:31 PM

ABC News' Jason Ryan and Theresa Cook Report: The House Judiciary Committee has released a redacted copy of FBI Director Robert Mueller's notes he took around the time of a now-infamous hospital visit to then-attorney general John Ashcroft.

On March 10, 2004, current attorney general Alberto Gonzales, then serving as White House counsel, along with then-White House chief of staff Andy Card visited Ashcroft, seeking reauthorization of a controversial National Security Agency surveillance program. Ashcroft, however, had ceded his powers as attorney general to his deputy, James Comey, while he recovered from surgery.

Mueller's notes indicated that Comey called him, asking him to come to the hospital. Mueller wrote that Comey "tells me Card and J. [Judge] Gonzales are on the way to the hospital to see the AG, but that the AG is in no condition to see them, much less make decision to authorize continuation of the program. Asks me to come to AG’s hospital to witness condition of AG."

Mueller goes on to describe Ashcroft’s condition as "feeble, barely articulate, clearly stressed."

In May, Comey recounted the run-in, testifying to Congress that he raced to the hospital to head off Gonzales and Card. "I was angry," Comey said of the encounter. "I thought I had just witnessed an effort to take advantage of a very sick man who did not have the powers of the attorney general."

In a July 26 Congressional hearing, lawmakers asked Mueller about the incident. Mueller simply stated, "I don't dispute what Mr. Comey said."

Before he left the hospital, Mueller honored a request from Comey to inform Ashcroft’s security detail to keep all visitors but family away from the attorney general without consent.

Gonzales has come under criticism for parsing his testimony on the NSA program and the hospital visit. Gonzales only acknowledged the visit was about "other intelligence activities."

The notes, which Mueller titled "RSM Program Log," also show a series of meetings with then then-deputy AG Comey, deputy Director of the CIA John McLaughlin and Michael Hayden, head of the NSA.

On the legal aspect of the NSA warrantless wiretapping program, which according to intelligence sources involved data mining of millions of U.S.-based phone numbers, Mueller wrote, "The AG then reviewed for them the legal concerns relating to the program. The AG also told them he was barred from obtaining the advice he needed on the program by the strict compartmentalization rules of the WH."

The House Judiciary committee has said they will investigate this further; there will most likely be hearings on the matter this fall.

August 16, 2007 | Permalink | User Comments (2)

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Why is it no-one is asking Ashcroft what happened in the hospital room?

Posted by: skippy | Aug 17, 2007 3:19:38 AM


I can't believe that some people high up in government would not consider the condition John Ashcroft was in at the time they were asking to see him. Hey stupid, the man was in severe pain, under heavy sedation to mitigate his pain. Look up the symptoms of pancretitis (spelled wrong) I'm sure. None the less, Mr.Comey was well within the bounds of proper ethics when he made the decision that no one was allowed to see Mr. Ashcroft, outside of family members. And, for the news media or anyone else (politicians, especially)to read anything more into this might be well advised to re-exam their overly suspicious nuanced minds, notwithstanding, their own ethics...

Posted by: jon smith | Aug 18, 2007 7:06:07 PM

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