From the testimony today of Former Deputy Attorney General James Comey about events in 2004:
[COMEY:] Told my security detail that I needed to get to George Washington Hospital immediately. They turned on the emergency equipment and drove very quickly to the hospital.
I got out of the car and ran up — literally ran up the stairs with my security detail.
SCHUMER: What was your concern? You were in obviously a huge hurry.
COMEY: I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to that.
SCHUMER: Right, OK.
COMEY: I was worried about him, frankly.
And so I raced to the hospital room, entered. And Mrs. Ashcroft was standing by the hospital bed, Mr. Ashcroft was lying down in the bed, the room was darkened. And I immediately began speaking to him, trying to orient him as to time and place, and try to see if he could focus on what was happening, and it wasn’t clear to me that he could. He seemed pretty bad off.
. . .I sat down in an armchair by the head of the attorney general’s bed. The two other Justice Department people stood behind me. And Mrs. Ashcroft stood by the bed holding her husband’s arm. And we waited.
And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card. They came over and stood by the bed. They greeted the attorney general very briefly. And then Mr. Gonzales began to discuss why they were there — to seek his approval for a matter, and explained what the matter was — which I will not do.
And Attorney General Ashcroft then stunned me. He lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me — drawn from the hour-long meeting we’d had a week earlier — and in very strong terms expressed himself, and then laid his head back down on the pillow, seemed spent, and said to them, But that doesn’t matter, because I’m not the attorney general.
SCHUMER: But he expressed his reluctance or he would not sign the statement that they — give the authorization that they had asked, is that right?
COMEY: Yes.
And as he laid back down, he said, But that doesn’t matter, because I’m not the attorney general. There is the attorney general, and he pointed to me, and I was just to his left.
The two men did not acknowledge me. They turned and walked from the room. And within just a few moments after that, Director Mueller arrived. I told him quickly what had happened. He had a brief — a memorable brief exchange with the attorney general and then we went outside in the hallway.
…COMEY: I was concerned that this was an effort to do an end-run around the acting attorney general and to get a very sick man to approve something that the Department of Justice had already concluded — the department as a whole — was unable to be certified as to its legality. And that was my concern.
According to The Lede:
Mr. Comey said that several officials, including himself, Mr. Ashcroft, the F.B.I. director and other senior staffers were willing to resign [rather than approve the program].
President Bush relented, according to Mr. Comey, asking the Justice Department to formulate a wiretapping program that they could approve.
But Gonzales’ behavior is simply embarrassing to us as a nation. He must be removed from office.
They implemented a program that DOJ refused to confirm was legal — that is they knowingly implemented an illegal program. Sounds like he has bigger problems than being an incompetent partisan hack.
But he is prescient. While Gonzales was General Counsel to Governor Bush, Bush signed a bill permitting felons in Texans to regain the vote immediately after serving their sentence. (They had been forced to wait two years.)