Liberal Talk Radio

I try not to be fast and loose with the I-Word, impeachment, but this story about the March 2004 re-authorization of the President’s wiretapping program seems to fit the bill. Not only that, it all comes out in a tale worthy of a West Wing script.

The President’s Chief of Staff AND his Counsel (you know, the guy who’s supposed to advise him on how not to break the law) apparently visited Attorney General John Ashcroft in the hospital, trying to get him to sign off on a secret program that Ashcroft’s deputy, James Comey — who was acting in his absence — wouldn’t approve. When Ashcroft gives a “no,” they haul Comey back to the White House for a late-night meeting.

Comey refuses to meet with them without a third-party present, so he pulls solicitor General Ted Olson out of a dinner party (note to Andrew Sorkin, here’s your excuse to have Olson arrive in a tuxedo). Comey refuses to authorize the program, but Card tells the NSA to do it anyway! Come on, people. We’re way past oral sex, now. We’re even way past lying about oral sex!

Marty Lederman has a good blow-by-blow of all the bad advice and potential lawbreaking that went on here.

This is classic Bush MO, though. Even if Ashcroft didn’t say “yes,” Card and Gonzales probably thought that by going to him to get a ruling, they could confuse the chain of command at the Justice Department enough — a bureaucratic smokescreen — that would allow the program to continue while everything got sorted out.