EXCLUSIVE: Attorney General Gonzales Called to Testify at Congressional Hearings on NSA Spying!

Former Deputy AG, Ardent Administration Defender, Architect of Torture Memos, John Yoo Also Called to Testify

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In response to George W. Bush’s statement yesterday that hearings on the NSA program are “good for democracy,” Rep. John Conyers (D-MI), on behalf of the minority members of the U.S. House Judiciary committee, has today sent invitations to Attorney General Alberto Gonzales and former Deputy Assistant Attorney General John Yoo to testify at planned hearings next Friday on the matter of warrentless NSA spying on United States citizens.

In the letter to Gonzales, obtained by The BRAD BLOG, Conyers quotes from Bush’s comments yesterday at a Town Hall Forum in Kentucky in apparent support of such hearings (full letters to both Gonzales and Yoo posted at bottom of this article):

I would note that, just this past Wednesday, the President stated his support for this type of congressional review of the National Security Agency program. He stated, “There will be a lot of hearings and talk about that, but that’s good for democracy – just so long as the hearings, as they explore whether or not I have the prerogative to make the decision I made doesn’t tell the enemy what we’re doing.” The purpose of our inquiry is precisely that, to explore whether the President possesses the constitutional or statutory power to authorize the surveillance he did.

Yoo, now a law professor at the University of California, Berkley has been an ardent defender of the Bush Administration’s unrestrained exercise of Executive power in secretly monitoring United States citizens via warrantless NSA wiretaps. He is also reportedly the architect, along with Gonzales, of several controversial Administration positions concerning their right to torture and the notion that prisoners of war in Afghanistan and elsewhere did not fall under the protections of the Geneva Convention.

The congressional hearings are scheduled for next Friday by Democratic members of the U.S. House Judiciary Committee.

In a statement to The BRAD BLOG, Conyers discussed his strong belief in Congressional oversight of the Executive branch despite unwillingness of members of Bush’s own party to do so.

“It is imperative that we do everything we can to investigate abuses by the Bush Administration, whether the Majority is willing to or not,” he told us. “Last time we held hearings on the Downing Street Documents, we were forced to the basement, but that didn’t stop our message and the message for more than 500,000 Americans from getting out.”

Conyers and other Democrats held hearings last June on the so-called “Downing Street Documents”, which revealed the Bush Administration had planned to use military power in Iraq long before they had admitted as much to either Congress or the American people.

Those hearings, carried live on CSPAN, were followed by Conyers’ hand-delivery of more than 500,000 signatures from Americans, demanding answers about those top-secret British memos from the White House.

The Democrats have once again requested a Capital Building Hearing room from the Republicans, who control scheduling of such rooms. They have yet to hear back as to wether they will be granted one or not for next Friday’s hearings.

Scheduled to testify at the hearings so far are: Bruce Fein, Associate Deputy Attorney General under Reagan, Jonathon Turley, Professor of law, George Washington Univ. Law School, Jeffrey H. Smith, former CIA General Counsel and Caroline Frederickson of the ACLU.

Smith, it was revealed by an ABC News report hours ago, has sent a 14-page memo to the House Permanent Select Committee on Intelligence countering the notion that Bush had legal authority to order warrantless wiretaps on U.S. citizens. Smith avers that “it is not credible that the 2001 authorization to use force provides authority for the president to ignore the requirements of FISA.”

That memo, not previously released with ABC’s report, can be downloaded here [PDF].

The complete letters to Gonzales and Yoo follow…

Letter from Conyers to Gonzales:

January 12, 2006

The Honorable Alberto Gonzales
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Mr. Attorney General:

I write to invite you to appear as a witness at a congressional briefing next Friday on the Bush Administration’s warrantless surveillance of U.S. citizens. The briefing will examine whether the President has the constitutional or statutory authority to order surveillance within the United States absent judicial approval.

I would note that, just this past Wednesday, the President stated his support for this type of congressional review of the National Security Agency program. He stated, “There will be a lot of hearings and talk about that, but that’s good for democracy – just so long as the hearings, as they explore whether or not I have the prerogative to make the decision I made doesn’t tell the enemy what we’re doing.” The purpose of our inquiry is precisely that, to explore whether the President possesses the constitutional or statutory power to authorize the surveillance he did.

In particular, the Members who will be participating would like to hear the Justice Department’s opinion on the constitutional and statutory underpinnings for the surveillance, the extent to which any Department officials and attorneys raised concerns about the legality of the surveillance, and, more generally, what limits there are on the President’s powers while the U.S. Armed Forces are engaged in the use of force.

The hearing is scheduled for 10 AM on Friday, January 20, 2006. Appearing as witnesses will be: Bruce Fein, Associate Deputy Attorney General under President Reagan; Jeff Smith, CIA General Counsel under President Clinton; Jonathan Turley, Professor of Law at George Washington University; and Caroline Frederickson, Washington Legislative Director for the American Civil Liberties Union.

We would look forward to hearing the Administration’s views on the legality of the surveillance and, as such, would welcome your participation. Please reply through the Judiciary Committee Democratic Office, 2142 Rayburn House Office Building, Washington, DC 20515 (tel: ###-###-####; fax: ###-###-####).

Sincerely,

John Conyers, Jr.
Ranking Member

Letter from Conyers to Gonzales:

January 12, 2006

John Choon Yoo
Professor of Law
University of California, Berkeley
School of Law
890 Simon Hall
Berkeley, CA 94720 7200

Dear Professor Yoo:

I write to invite you to appear as a witness at a congressional briefing next Friday on the Bush Administration’s warrantless surveillance of U.S. citizens. The briefing will examine whether the President of the United States has the constitutional or statutory authority to order surveillance within the United States absent judicial approval.

In particular, the Members who will be participating would like to hear diverse opinions on the constitutional and statutory underpinnings for the surveillance and, more generally, what limits there are on the President’s powers while the U.S. Armed Forces are engaged in the use of force. You have been an outspoken advocate for broad presidential powers and undoubtedly would make a significant contribution to our discussion and to the American public’s understanding of our Constitution.

The hearing is scheduled for 10 AM on Friday, January 20, 2006. Appearing as witnesses will be: Bruce Fein, Associate Deputy Attorney General under President Reagan; Jeff Smith, CIA General Counsel under President Clinton; Jonathan Turley, Professor of Law at George Washington University; and Caroline Frederickson, Washington Legislative Director for the American Civil Liberties Union.

We would look forward to hearing whether you will participate in our inquiry. Please reply through the Judiciary Committee Democratic Office, 2142 Rayburn House Office Building, Washington, DC 20515 (tel: ###-###-####; fax: ###-###-####).

Sincerely,

John Conyers, Jr.
Ranking Member

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EXCLUSIVE: Attorney General Gonzales Called to Testify at Congressional Hearings on NSA Spying!

27 Comments

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27 Responses

  1. 1)
    Jason said on 1/12/2006 @ 12:09pm PT: [Permalink]

    The sad thing about ALL of this is in the end, whether Bush is impeached or not, but especially if he is impeached the republican talking point and mantra will be: "We impeached Clinton for lying about an extramarital affair and the Democrats impeached Bush for trying to protect the American people."

    That’s right, in the end, if Bush is impeached, it’ll make the Democrats look bad.

  2. 2)
    Grizzly Bear Dancer said on 1/12/2006 @ 12:19pm PT: [Permalink]

    ABC – ALL news BY the CORPORATE-ELITE. All week long they covered a story about some kids that drew a US flag on their cul de sac street and people walk and drive on it. Our US flag and in fact a WWII vet is unhappy. Now don’t expect them to cover rigged election machines results, the 911 coverup, a war based entirely on the lies of 911, the raping of the wildland and the long list of abuseS by the BUSH-CHENEY EXECUTIVE POWERS in defiance of our system of checks and balances. NOOOOO! The fact the Bushit administration are LYING MURDERERS responsible for the deaths and casulties of thousands of Iraqi civilians and US Servicemen and the worst environmental stance in US history despite the warnings of Environmental Science is not covered by ABC. It’s nice they can even make the time to cover other stories with the importance of someone walking on a street painted US flag. Maybe someone should draw a big red swastica on it.

  3. 3)
    Bluebear2 said on 1/12/2006 @ 12:23pm PT: [Permalink]

    Grizz – that’s swastika as in Amerika!

    Once again John is doing his elected duty to preserve our constituion and our country.

  4. 4)
    gtash said on 1/12/2006 @ 12:42pm PT: [Permalink]

    Rep Conyers is the only man in Congress who seems to know how to lay out a paper trail on Bush’s RedCoat Administration, capture it on Federal paper for posterity, and also ask the right questions at the right time. I am aware of how he is ridiculed by the Right as ineffectual and politically impotent like all other Democrats, but I believe his work will be vindicated. There is simply no comparison between Congressman Conyers and any of a host of better-known Democratic celebrities who haven’t yet learned to ask a correct and direct question, and to push for a direct answer. I salute the Congressman.

  5. 5)
    ewastud said on 1/12/2006 @ 1:33pm PT: [Permalink]

    I certainly hope whistleblower Russell Tice is invited to testify, and all other whistleblowers who have the courage to come forward by name. There is a threat apparently that BushCo may try to put a gag order on him, too. We want him to make public all of his knowledge before they can try to squelch him.

  6. 6)
    Zola Daniels said on 1/12/2006 @ 2:22pm PT: [Permalink]

    After such sorrow,death and destruction Evil MEN will fall. Hitler was destroyed!!!!! Thank you Mr. Conyers for Trying to prove that this administration is a very EVIL and CORRUPT, FASCIST body.
    I hope they won’t throw you in the basement ! If they do, it will only prove how hateful they are!
    Truth WILL EVENTUALLY PREVAIL!!!!
    Thank You again and again,
    Zola

  7. 7)
    Jeff said on 1/12/2006 @ 3:20pm PT: [Permalink]

    re: Comment #1
    I hope to god it DOES make the democrats look bad. It was democrats who started us down this road to begin with (at least, in this century and to this specific degree…I’ll not even mention Adolph Lincoln’s vile trespasses against the American/freshly no-longer-American people in the name of "preservation of the union". Hell, if not for Lincoln’s sudden, revolutionary, certainly unique interpretation of the concept of the states’ union, we wouldn’t be in this mess to begin with…but I digress…). Truman and FDR were by far a couple of dictators in sheeps’ clothing and their wartime reaches were extended in directions and to lengths that most, if not virtually ALL of the American public would associate with blatant despotism if they heard of it objectively. They, being the fascist and socialist that they each were, set the precedent for usurpation of national liberty on the part of the executive branch during, and for the supposed sake of, wartime and the imposed "necessities" thereof. We can just start with Truman’s attempt to commandeer, for the sake of the common good (naturally), the ENTIRE AMERICAN STEEL INDUSTRY. Production, profit, material supply–"Hand it over"–straight to the Big Brother Machine and the Greater Good. Luckily it didn’t work, but I can’t imagine he was too terribly disappointed, given all the rest of his wonderful executive gifts to himself.

    But hey, let’s forget about all that, right? It was all in the past and their actions did nothing to set actual requirements for present events. So let the democrats off the hook, since none of the democrats alive today were involved in such shady dealings.

    Like hell. Look at the voting records, history of who authored, sponsored, etc. what bill and with whom, and 99% of all democrats in the political system are every bit as reprehensible as the republicans (excluding, to varying degrees, the current batch of the latter). Together, their bipolar autocracy has held America in a ruthless stranglehold for (and therefore shaped the history of) the last century+. Even the prized Bill Clinton spoke niceties and concessions out of one side of his mouth while spitting acid on us out the other side just as well as any republican you want to bring up. Mr "I didn’t inhale" preached tolerance and leniancy for non-violent crimes and yet voted for and pushed through legislation to summon the death sentence for growing marijuana. And that’s just one example (and one of the more tame, palattable ones, in my opinion).

    No, my friend–the SADDEST part of this whole "thing" (our system as it now stands) is that the democrats need no help at all looking bad. And it’s only fair, namely since MOST of the democrats in there now, actively HELPED, in more ways than one, Bush to reach the point that he has, and to do the things he has–the very VAST iceberg of a majority of which we don’t even know about specifically, I might add… don’t know about YET.

  8. 8)
    JUDGE OF JUDGES said on 1/12/2006 @ 3:29pm PT: [Permalink]

    Investigate, . . . Now That all the right people have been Paid OFF or Threatened . . .

    & ALL DAMBING EVIDENCE HAS BEEN DESTROYED OR IS VERY WELL HIDDEN . . . OFFSHORE ?

    He He He He . . . Heck Of A JoB – BUSH FUCK Ya . . .

  9. 9)
    Truth Seeker said on 1/12/2006 @ 4:15pm PT: [Permalink]

    #1

    If GWB is impeached, nobody in my house will care what anybody says about Democrats. We will be too busy dancing in the street.

    Re Gonzales & Yoo, there is no chance that they will appear before a Democratic hearing. The BCFOL needs to rehearse every step of this process with the Senate Republicans in lockstep. The only chance for anything different is a miracle at the 2006 ballot box.

  10. 11)
    Grizzly Bear Dancer said on 1/12/2006 @ 4:42pm PT: [Permalink]

    Comment #6
    Many American people would damn you for comparing Hitler to Bush. As a student of history, i’ll take a shot:
    1. The Rhiestag fire vs 911. Both were very affective attention getters that enstilled both fear and anger in an entire country. Daz Roytt God is talking directily to George and he’s listening.

    2. The banter of patriotic duty to their decisions. Anyone who disagrees is..well unpatriotic and an enemy of the state. Mr. George W. Bush also like to throw in thats he’s doing his work as a servant of God.

    3. Man with a purpose that can point a finger. Got to rid the country and the world of these lower class vermin 911 Arab terrorists turn evil Iraqi suicide terrorist insurgents. While Hitler was on mission to exterminate those rich dirty Jews responsible for taking advantage of all the poor good Aryians back in 1930’s Germany, Bush is gonna protect Amerika and spread Iraqi Democracy at the same time. According to Adolf Hitler those German Jews were also the reason Germany lost their first bid at world domination called World War 1. Caution: BEWARE OF ANOTHER 911 STYLE INSIDE JOB.

    Question: Since it took days before the government could get water and medicine to Katrina victims sheltered in the Houston Astrodome in Houston Texas (Yes there were death while people waited and starved), and since the bulk of our military is currently out of the country. How protected do you feel from a hypothetical mainland attack starting in the city of New Orleans?

    4. Cannot leave out the powerful controlling of the media. Propaganda bebe. Tip my hat to Bush well Rove who is the Joseph Gobles of BUSHIT. Corporate elite owned and run by da government.

    5. While both men, the Furor and our Commander In Chief are above the laws which governed their countries or until they personally change the laws to suit them, there is still 1 distinct difference. Right now that difference has been reduced to a thin worn piece of shreded paper. The corners are ripped and theres cracks. holes, and faded crossed out changed words by our current BUSH admininstration however, this thin document still barely breaths.

    Daz roytt people, i’m talk’n bout the US constitution bebe.

    Hitler didn’t have to face any opposition to his plan for world domination on the net either. Continue your writings Mr. John Conyers Jr. of Michigan and i THANK YOU ON BEHALF OF ALL americans IN YER WORK TO REPRESENT US IN CONGRESS. YOUR STRONG EFFORTS TO SAVE THE USA ARE OF EPIC PROPORTIONS.

  11. 12)
    henry said on 1/12/2006 @ 4:52pm PT: [Permalink]

    If the republicans won’t give the dems. A hearing room. In the peoples house. Hold the hearing in front of the house building so every one can see and hear it. The truth will shine like A light in the fog.

  12. 13)
    colleenmilitarymom said on 1/12/2006 @ 5:02pm PT: [Permalink]

    Go Rep Conyers!!

    Hope you get a bigger broom closet and have no electrical problems.

    You are one class act. Thanks.

  13. 14)
    mjvpi said on 1/12/2006 @ 5:58pm PT: [Permalink]

    I wonder if they will have all of the testimony under oath? Both Pres and VP have never agreed to testify under oath about anything. Lets see what the AG does. It will be up to the committee chair to insist. Contact Sensenbrehner(sp?) and insist that all testimony be sworn.

  14. 15)
    Doug Eldritch said on 1/12/2006 @ 7:00pm PT: [Permalink]

    Senselessbrenner?

    Like he would do anything….Contact the DOJ to make sure they look at sensenbrenners ties to abramoff…
    webmaster@usdoj.gov

    If you want the attorney general to be "sworn" in, you’ll have to likely twist his arm.

    Doug E.

  15. 17)
    liz said on 1/13/2006 @ 12:56am PT: [Permalink]

    Bush is not protecting people. He is breaking the law. He is surveilling fellow Americans on native soil and he has no right to do so. He needs to wake up, know people are tired of his abuses, tired of the government working only on his behalf, and generally sick of five years of lies and bad business opportunities on the White House’s part.

  16. 18)
    Dredd said on 1/13/2006 @ 4:07am PT: [Permalink]

    Unilateral hearings are not helpful in this serious matter.

    The senate is scheduling hearings. This is not a partisan issue in the sense that many in the congress, of both parties, are concerned.

    This matter is tied in with torture and some other issues that congress was unified on (link here).

    Perhaps DeLay and the house leadership are so rubber stamped that Conyers is forced to hold partisan hearings. If so, then he should proceed.

  17. 22)
    maxie said on 1/13/2006 @ 8:46am PT: [Permalink]

    Everyone needs to start calling,emailing and faxing all the major networks and demand that they cover Rep.Conyers hearings.I know it may be futile,but at least we can try.

  18. 25)
    bvac said on 1/13/2006 @ 11:11am PT: [Permalink]

    Bluebear:

    I think the Senate is having hearings too, and he’s testifying there.

    At this point Conyers better have some good people lined up to testify, if theres going to be a real bipartisan hearing to overshadow his.

  19. 27)
    czaragorn said on 1/14/2006 @ 6:50am PT: [Permalink]

    Cheney said recently that had this been in place prior to 9/11 it might never have happened. Pants on fire! Call out the Finest!

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