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Bush officials’ refusals to testify may lead to new inquiries


By Raw Story

Published: July 14, 2009
Updated 4 months ago




In an effort to thwart a federal investigation of the Bush administration’s warrantless surveillance program, five former senior Bush administration officials refused to cooperate with investigators, among them former Bush chief of staff Andrew Card and Attorney General John Ashcroft.

But while their refusals to testify might have stymied in large part the Justice Department’s efforts, the defiance by the officials has only led powerful members of Congress to renew calls to have a bipartisan commission conduct their own inquiries.

Congressional sources also said that they plan to possibly question Justice Department officials in appearances before Congress as to how the noncooperation of witnesses undercut their investigations—in an effort to bolster support for future probes.

According to a report made public last Friday by the Inspector Generals of five federal agencies, five former Bush administration officials refused to be interviewed by investigators or cooperate in any other way.

The report named the officials as former Attorney General John Ashcroft; former White House chief of staff Andrew Card; former CIA director George Tenet; David Addington, a former chief of staff and legal counsel to President Dick Cheney, and John Yoo, a senior Justice Department’s Office of Legal Counsel.  Tenet was originally appointed to be CIA Director by President Bill Clinton, and retained by President Bush.  The other four were solely politically appointees of President Bush.

In reaction to the refusal of the officials to cooperate with the Inspectors General, members of Congress renewed calls for investigations of the warrantless surveillance program and other Bush era abuses by a bipartisan commission, and also future inquiries by Congress.

Rep. John Conyers (D-Mich.), the chairman of the House Judiciary Committee, after the Inspectors General of five federal agencies said that their probe of the Bush administration’s warrantless surveillance program was stymied by the refusal of officials to agree to answer questions, said: “The refusal of key Bush Administration officials such as David Addington and John Yoo to cooperate with the IGs’ review underscores the need for an independent commission with subpoena power to further review these issues.”

Sen. Pat Leahy (D-Vt.), the chairman of the Senate Judiciary Committee, similarly cited the non-cooperation of witnesses in renewing previous calls for the appointment of a bipartisan commission to probe of not only the Bush administration’s warrantless surveillance program but the use of harsh interrogation techniques on terror suspects.

Sen. Russ Feingold (D-Wisc.) also called for further investigation, saying: “This report leaves no doubt that the warrantless wiretapping program was blatantly illegal and an unconstitutional assertion of executive power.”

The report by the five Inspectors General concluded that former President Bush and Vice President Dick Cheney personally misled the public about the effectiveness of the program, that the Bush administration did have adequate legal review of the program to make sure it was conducted within the law, and that senior officials throughout the government believed that the program was in part or entirely illegal.

A 220 page report by the Justice Department’s Office of Professional Responsibility examining whether Bush administration attorneys violated their professional ethics in overseeing legal opinions allowing harsh interrogation of terror suspects, for example, will soon be declassified and made public, according to Justice Department officials.

In regards to that probe, like the one of the warrantless surveillance program, a number of Bush administration officials also declined to assist investigators.

Partly as a result of that non-cooperation, Attorney General Eric Holder is considering opening a criminal investigation or appointing a special prosecutor to examine the harsh interrogation technique policies of the Bush administration.

“It might seem like the common sense thing to do in the first place by not cooperating with the Justice Department,” says one senior congressional aide, who has worked on the surveillance program issue, “But in the long term it stiffens the resolve of everyone around here to press to get to the bottom of these matters.”





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