Gonzales evades criminal prosecution for misleading Congress on NSA spying

By Raw Story
Tuesday, November 24th, 2009 -- 2:51 am
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albertogonzales20090908 Gonzales evades criminal prosecution for misleading Congress on NSA spyingThe Justice Department has concluded that there is insufficient evidence to bring criminal charges against former Attorney General Alberto Gonzales for allegedly misleading Congress about the Bush administration’s warrantless eavesdropping program.

The decision was first disclosed yesterday by reporter Murray Waas in a little-noticed posting on the blog of New York Magazine. The magazine cited public court records and federal law enforcement officials as its sources.

Although Gonzales remains under investigation by the Justice Department for two other matters, it had been allegations that he gave false or purposely misleading testimony to the Senate Judiciary Committee about the warrantless eavesdropping program that placed him by far in the greatest legal jeopardy.

In not bringing criminal charges, however, investigators for the Department’s Inspector General, which conducted the investigation, hardly let Gonzales off the hook completely. They concluded that Gonzales testimony before Congress about the eavesdropping program was “confusing,” “incomplete’ and had the “effect of misleading” both Congress and the public.

A major reason that Gonzales escaped criminal charges, according to people close to the investigation, was that he was willing to do something that he had steadfastly refused to even contemplate before: admit that many of his most controversial decisions, first as White House counsel, and later, as Attorney General, in authorizing, overseeing, and concealing the eavesdropping program were done at the specific directive of former President Bush.

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In other instances, Gonzales and his attorneys argued to the Justice Department that Gonzales’ actions were done in furtherance of Bush administration’s policies, and thus he did not act with personal intent to do wrong.

“He was willing to be lightning rod in the past for the President,” one legal source close to the investigation told reporter Waas for his  New York magazine post, “He has done that during the entire course of his career. But it was pressed upon him that that was not going to work in this instance—and he did what he had to do.”

As Waas explained in the article:

Ironically, in finally talking to investigators about the president, Gonzales might actually have been protecting his old boss, as well as himself. A senior Bush-administration official familiar with the matter told me that Fred Fielding, the White House counsel in the closing days of the Bush presidency, feared that the Justice Department’s probe of Gonzales’s misleading testimony might morph into a special prosecutor’s investigation not only of Gonzales, but also of the conduct of others in the Bush White House — including perhaps Bush himself. (The Justice Department can refer an investigation to the attorney general for a criminal or special prosecutor to take over.)

Fielding quietly counseled Gonzales’s cooperation, and Gonzales’s legal team, headed by George J. Terwilliger III, a deputy attorney general during the presidency of the first President Bush, made an early decision to fully cooperate with the inspector general.

If during the course of an investigation, however, the Inspector General can seek to have a criminal prosecutor or even a special prosecutor take over its investigation to determine if criminal charges are warranted-- as was the case in regards to an Inspector General's investigation of the firings by the Bush administration of  some  nine U.S. Attorneys.   A federal criminal prosecutor is currently examining the role of former White House aide Karl Rove and various other Bush administration officials in regards to the firings.

In the instance of Gonzales' testimony regarding the eavesdropping program, however, that was not the case.

And in the meantime,  Gonzales continues to be under investigation by a second Justice Department oversight agency, the Office of Professional Responsibility, for his role in authorizing,   as White House counsel,  and then overseeing, as Attorney General,  Bush's warantless surveillance program.  Both Bush and Gon zales took heat for attempting to shut down the investigation by refusing to provide security clearances for investigators-- even though they had come to know that the probe would scrutinize their own  conduct.   Gonzales  later said that Bush himself made the decision not to grant the clearances.  When it was learned that Bush himself was responsible,  congressional pressure led to the investigators being allowed to obtain the clearances and conduct their investigation.  There is no word as to when that probe might be over.

And, meanwhile, an investigation of Rove's role by the Justice Department's Office of Professional Responsibility  in the Dan Siegelman prosecution is continuing.  Rove's attorney has claimed that Rove has been cooperating with that investigation.  The results of that investigation will not be known for at least several more months.  Prosecutors have not indicated when that investigation might be completed.

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Story comments are below...

  • douvie
    Now we'll see Obama name him to some ethics panel just to round out his appointment of Dana Pirrhana to the Broadcasting panel.
  • thx1138a
    .
    U.S. SHADOW GOVERNMENT TOPS FORTUNE MAG'S LIST OF BEST EMPLOYERS

    -- SkullBones Based WallStreet Financed CIA Entity Really Takes Care of Its Own --

    -- 9 of 10 War Criminals Agree: "There's No Shadow Govt Like the U.S. Shadow Govt" --
    .
  • bupkes
    Maybe President Obama will appoint him to the Supreme Court. To be bipartisan. Don't you think that will make all the Republicans like the Democrats a lot more?
  • davidbodhi
    I thought the old "I was just obeying orders" defense was debunked decades ago....

    Just flushing the whole government down the toilet and starting over is looking better and better...
  • dennycrane
    Martha Stewart went to jail....Seigelman went to jail......Roves ignores subpoena......Cheney says fuck you.......Gonzales gets squat........Who/what decides on these "Get Out Of Jail Free Cards?" Just change the department of justice to "The Department of Bullshit."
  • tanj
    So if you are called to give edivence before Congress, just tell them you are taking The Gonzales," and you don't remember. That seems to legal!
  • airjackie
    No worries Gonzo has many more criminal charges pending. The hold mess of the 8 year crime wave will be taken place out side the US. The UK will be charging Tony Blair after the investigation is finished on his part and then the Spain trial of Bush's lawyers. Don't forget we still have the Lawyers that Bush fired and much much more that involves Gonzo. You notice how hard it is for the former Attorney General to get a job.
  • bobdevo
    So if George had asked Alberto to rob a bank, Gonzales would not have had mens rea to commit a wrong?


    I didn't know bullshit could be stacked this high . . . but the Department of Justice under Eric Holder is a pathetic joke.
  • Atilla
    Not surprising, Hell, The guy who was pimping his wife out to John Ensign, has prepared a complete felony case against Ensign and a bunch of the C Street Christian Criminals for Bribery, Extortion and an assortment of High Crimes. He has it all together complete with ,receipts and affidavits, and the DOJ won't even look at it. I think Obama is scared that the good christians are going to murder him if he doesn't play their game. It looks to me that we have a dog that won't fight in Obama. Kucinich/Weiner 2012
  • nerfball
    how convenient.

    bushy, darth cheney, rummie, gonzalass, and the rest of the bush thugs will be walking away from their criminality.......

    so much for change you cant believe in........

    they're all in cahoots.......
  • Subrational
    You may choose between Democrat or Republican. It's the greatest propaganda, mind-controlling, political cabal in world history. Demicans and Republocrats.
  • moxaman
    Fuc all nazis.... the USA has been hijacked by nazis. I HATE them!
  • jimthebeam
    Yep. They took over just after WWII. You can see a very clear change in the behavior of this country from that point onward.
  • Eyeball_Kid
    ...more tracks of incompetency from the gutless wonder, Eric Holder, who wouldn't dare prosecute a criminal who as ties to Bush.
  • missskeptic
    "...had the “effect of misleading” both Congress and the public."

    Because, see, if they called it LYING instead of MISLEADING, that would be a punishable crime.
  • enorceht
    "Gonzales’ actions were done in furtherance of Bush administration’s policies, and thus he did not act with personal intent to do wrong....."

    wasn't that the nazi plea ... i was only following orders

    and Holder's ... I guess if I have nothng good to say I better say nothing
  • iamgr80k
    HA!!! HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
  • sanchosdad
    good. then let's get W up in front of congress to answer some questions. i can see the script that his handlers will give him.

    "i cannot recall that" "i do not remember that at all" "i am confused as tot he timeline"

    pretty much the standard reagan/cheney/mafioso/child molestor/catholic bishop/NAMBLA member defense.

    which is not surprising at all when you consider the fact that most child predators are republicans.

    its a fact. look it up.
  • uberliberal
    Since justice seems impossible and no one will be held accountable for the 8 year long tragedy of war, lies and deceit, all we have left is to boycott their bankrupt philosophies. Don't hire them; don't pay them; don't buy their books. Let's just ostracize them and call them out for being the liars and cannibals of freedom that they are.
  • captainfrank
    Im sure they wont like that. What it's really going to take is not buying anything, quitting your job, and not paying taxes.
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