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Testimony Reveals Secrecy Over Wiretapping Program

October 02, 2007 3:43 PM

ABC News' Jason Ryan Reports: Jack Goldsmith, the former head of the Justice Department's Office of Legal Counsel (OLC), testified to Congress Tuesday about the excessive secrecy in the Bush administration over the NSA wiretapping program and the illegal nature of some aspects of the Terrorism Surveillance Program saying, "I could not find the legal support for [it]."

Goldsmith testified that in 2004 he was reviewing some highly classified parts of the NSA program for then Attorney General John Ashcroft and Deputy Attorney General James Comey. As he conducted his review of the TSP program Goldsmith said that he, "struggled getting Comey read into the program."

Sen. Chuck Schumer, D-N.Y., asked why the number two law enforcement official in the country would not be allowed access to be briefed on the program, "Is it possible they didn't want to hear his answer?"

Goldsmith said he did not know why it was difficult to get Comey access to the program but said he believed it was due to the program's overall secrecy. Goldsmith testified that only four officials at the Justice Department had been fully read into the controversial program, besides himself, this included Attorney General Ashcroft, Comey and James Baker the head of the Justice Department's Office of Intelligence Policy and Review.

"I too faced resistance from the White House in getting clearance for the lawyers I needed to analyze the program." Goldsmith said in his written testimony.

Sen. Arlen Specter, R-Penn., ranking member of the Senate Judiciary Committee, asked Goldsmith what his constitutional concerns were about the program.  Citing requests from the Justice Department Goldsmith said, "I am not allowed to talk about the legal analysis."

In his testimony Goldsmith said "Too much secrecy can be counterproductive." Beside the NSA program, Goldsmith testified that he sought to reverse previous legal guidance the Justice Department had issued on detentions and interrogation techniques which were approved before he took over as the head of OLC. Goldsmith had served as the head of OLC from October 2003 to July 2004.

Goldsmith described many of the previous legal guidance as flawed, "Closed loop decision making by like minded lawyers resulted in legal and political errors that would be very costly to the administration down the road." Goldsmith said that much of the legal analysis had been done by then White House Counsel Gonzales, Vice President Cheney's Counsel David Addington and John Yoo, Goldsmith's predecessor at the Justice Department.

Describing the excessive secrecy Goldsmith said in his prepared statement "Before I arrived at OLC, the NSA General Counsel did not have access to OLC's legal analysis related to the TSP."

Goldsmith also provided his account of the now infamous March 10, 2004 hospital visit to Ashcroft after he had surgery to remove gallstones. On that day former 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 the NSA surveillance program. Ashcroft, however, had ceded his powers as attorney general to his deputy, James Comey, while he recovered from surgery.

Goldsmith, who arrived before Gonzales made it to the hospital room said Ashcroft, "looked terrible. very weak and that "he had surgery the day before." Goldsmith said Gonzales was "there to seek authorization of the program." Ashcroft regained color in his face and told Gonzales he didn't appreciate being visited in the hospital since Comey was the acting attorney general. "At that point he fell back into the bed and looked terrible again."

Asked whom he believed had sent Gonzales and Card to the hospital Goldsmith said he "recalled it was the President." Goldsmith also testified that he had written contemporaneous notes around the time of the hospital visit because, "They were extraordinary events," Goldsmith said. "This was a hugely important issue inside the government."

October 2, 2007 in Vote 2008: Democrats | Permalink | User Comments (0)

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