The Bush administration is currently contesting a Senate Judiciary Committee subpoena for documentation establishing Program X's history -- in essence, trying to ensure that the public never learns more about the program and the internal deliberations over it than what President Bush chooses to reveal. Analysis: Gonzales Testimony Part of Broader Effort to Conceal Surveillance Program
By Spencer Ackerman and Paul Kiel - July 26, 2007, 6:54 PM
Alberto Gonzales' testimony that there was "no serious disagreement" within the Bush Administration about the NSA warrantless surveillance program has left senators sputtering and fulminating about the attorney general's apparent prevarications. But
a closer examination of Gonzales' testimony and other public statements from the Administration suggest that there may be a method to the madness.There's a lot of evidence to suggest that Gonzales's careful, repeated phrasing to the Senate that he will only discuss the program that "the president described" was
deliberate, part of a concerted administration-wide strategy to conceal from the public the very broad scope of that initial program. When, for the first time, Program X (as we'll call it, for convenience's sake) became known to senior Justice Department officials who were not its original architects, those officials -- James Comey and Jack Goldsmith, principally -- balked at its continuation. They did not back down until the program had undergone as-yet-unspecified but apparently significant revisions. But when President Bush announced what he would call the "Terrorist Surveillance Program' in December 2005, he left the clear impression that the program had always functioned the same way since its 2001 inception.
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In essence, the issue is this:
if Gonzales succeeds in convincing the committee that there really is a material distinction between the program as it existed before and after Comey’s intervention, he won't just save himself from perjury. He will perhaps have preserved an administration strategy of concealing the scope of Program X from the public and most of Congress -- making it appear that the program that Bush disclosed in December 2005, incorporating Comey's objections, is the same program that existed since October 2001, long before Comey put the brakes on at least some aspects of it.
That may be at the heart of the White House's claim of executive privilege to prevent the Senate Judiciary Committee from seeing documents detailing the genesis of Program X.We may be about to learn whether a perjury investigation will pierce the obfuscations and begin to explore the extent of
Program X -- a program the American public was never supposed to know about.WAY MORE AT:
http://www.tpmmuckraker.com/archives/003787.php