If lying to FBI agents was enough to send Scooter Libby to jail, why isn't it enough to prosecute Alberto Gonzales?
Despite strong evidence in a today's
Justice Department report that the former attorney general lied to federal investigators probing his careless handling of highly classified documents, the department declined to prosecute.
Indeed, initial news reports on the Inspector General's findings didn't even mention the evidence of perjury, focusing instead on Gonzales's "mishandling" of notes and more-than-Top Secret documents relating to the administration's secret wiretapping and terrorist detention programs,
Who's going to get upset about that?
Who doesn't "mishandle" -- i.e., misplace, loose, forget where they left -- the tuition check, the gas bill, keys, glasses, the grocery list, and yes, even take-home work -- at least once in awhile?
To be sure, the kind of information Gonzales was shlepping between his office, home, limousines, airplanes and, for all we know, the local Safeway and the dry cleaner (or maybe he left it in the car?) was so sensitive its loss "could cause irreparable injury to the United States or be used to advantage by a foreign nation," according to the IG report.
At one point, according to White House counsel Fred Fielding, quoted in the IG report, Gonzales "wasn't sure where they were." The AG duly confessed to the IG that he was "a little confused about where the notes were." His briefcase wasn't always locked, he told investigators, and he didn't use a government safe in his house because . . .he had forgotten the combination.
He's only human.
For such trifles, the Justice Department "scolded" Gonzales, as the Associated Press characterized the IG's finger-wagging, and left it at that.
But the IG report shows that Gonzales did more than "mishandle" his notes, which included operational details on what he himself, somewhat ironically, called -- after it had leaked -- "one of the most highly protected [programs] in the United States ... a very, very secretive, protected program," and correspondence between congressional Intelligence Committee leaders and CIA chief Gen. Michael Hayden.
In a statement that doesn't pass the laugh test, Gonzales told IG investigators he didn't know the documents were secret.
Gonzales said that he was unaware of the classification level and compartmented nature of the NSA program he referenced in the notes. Gonzales also stated he did not recall thinking that the notes themselves were classified.
But the IG found the smoking gun -- in Gonzales's hand, no less.
The envelope containing documents related to the NSA surveillance program bore the handwritten markings, "TOP SECRET - EYES ONLY - ARG" [the attorney general's initials] followed by an abbreviation for the SCI codeword for the program.
Inside the envelope, moreover, were "documents relating to a detainee interrogation program," which were all classified with cover sheets and markings in the top and bottom margins, as Top Secret/Sensitive Classified Information.
And yet Gonzales told the IG investigators "that he was unaware of the classification level and compartmented nature of the NSA program he referenced in the notes."
That is patently absurd.
Poor Scooter Libby, the national security aide to Vice President Cheney, who suffered million-dollar legal bills and lifetime disbarment for a perjury conviction related to the relatively trifling Valerie Plame affair, only to be snatched from the jaws of prison by a pardon from President Bush.
Today, the Justice Department revealed that it had saved everybody the bother in the case of Alberto Gonzales.
It just let him skate.
(UPDATE: Inspector General Office spokesman Paul Martin called back late Wednesday afternoon after this blog item was filed and left a voice mail message to call back. Because of a medical appointment, I was not able to retrieve his message for almost 24 hours. When I finally reached him Thursday, he said he would have "no comment" for this story. I regret the delay, which had left the misimpression that the department had not bothered to reply.-js)