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)
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Comments
When Sandy Berger carried classified information home with him, it was a horrible terrible serious crime that the rightwingers can't shut up about. When Alberto Gonzales carries classified information home with him... it's okay. What's the difference between the two offenses, besides the presidential administration in which the two men worked?
Posted by: MEC
| September 2, 2008 5:31 PM
Berger stole classified documents as part of an investigation into the Clinton administration's incompetence. They DID let Bin Laden go.
Gonzales is just a doofus.
As far as Scooter Libby, he apparently got caught up in that self-important game of insider gossip - and was stupid enough to do it with members of the Bush-hating media.
He got what he deserved.
Posted by: graywolf
| September 2, 2008 9:59 PM
TITLE 18 > PART I > CHAPTER 1 > § 4
§ 4 Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
I have been pursuing several complaints against the U.S. Marshals Service. The former Chief of the U.S. Marshals Service Office of Inspection (Internal Affairs) Yvonne Bonner stated to me in writing that they would conduct an official investigation but “Due to privacy issues you are not entitled to know the outcome of the investigation” which is "obstruction" & violates U.S. Department of Justice polices.
(Yvonne Bonner is currently under an investigation by the Office of the Inspector General for possible ethics violations involving an unrelated incident).
I contacted the Hon. Senator Charles E. Schumer & the Hon. Congressman Charles B. Rangel requesting their assistance. The former Chief of U.S. Marshals Service Congressional Affairs division John J. McNulty, III responded in writing twice to the Hon. Senator Charles E. Schumer & once to the Hon. Congressman Charles B. Rangel "denying in writing" the very existence of the investigation which contradicts the document from the former Chief of the U.S. Marshals Service Office of Inspection Yvonne Bonner.
As per TITLE 18 > Part I > CHAPTER 47 > § 1001 he has made "false statements" in writing to Congress. This facilitates the appearance of an ongoing cover-up & is "obstruction of justice" at the highest level.
Thus making his statements absent of a rational connection between the facts found and the choice made. A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law 5 USC 706(2)(A).
I submitted my documented proof of these allegations to the U.S. Department of Justice, Federal Bureau of Investigation & the Office of the Inspector General & they all refuse in writing to take any action under federal statute of law. I feel that my only recourse may be found under federal statute:
TITLE 28 > PART IV > CHAPTER 85 > § 1361
§ 1361. Action to compel an officer of the United States to perform his duty
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
USDOJ AG Order No. 2835-2006
The Attorney General shall ensure by regulation that any component of the Department of Justice receiving a non frivolous allegation of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice, except with respect to allegations described in subsection (b)(3) [matters within the investigative jurisdiction of the Department of Justice Office of Professional Responsibility], shall report that information to the Inspector General.
All of my supporting documents with detailed information can be downloaded as a pdf from my website located at http://daprocess.com. Thank you.
Posted by: mrreynolds
| September 3, 2008 7:11 PM
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