SEN. KYL QUESTIONS: Kyl agrees with what Whitehouse says. AG says that the do not want to send the message that prosecutors should not follow the evidence and prosecute. Kyl asks whether there has been any difference in how things are prosecuted? AG says not to his knowledge, but that he has limited information on how this is handled in individual USA office, for good reason. Kyl then tweaks Schumer for what he regards as an incorrect conspiracy standard being raised. Kyl wants to thank the AG about crime victims rights — and wants to get the AG's help in setting up a meeting on that. And then talks about internet gaming prosecutions. (CHS notes: Talk about your off-topic blather…and it goes on and on and on.)
SEN. LEAHY QUESTIONS: Late last week, we learned that a number of e-mails, including those from Karl Rove, were on RNC servers and that they may have been lost. Rove's attorney (Luskin) has suggested that Patrick Fitzgerald might have those e-mails from his investigation. If the DoJ has that information, what would we have to do to get those e-mails? Gonzales doesn't know about this. Leahy asks whether the committee could get those? We aren't talking about e-mails from the President, he doesn't use e-mail as I understand it? Gonzales says if they were transmitted over RNC servers, the WH might still have an interest. The WH Counsel's office responsible for this, you were there for 4 years, what was the policy and practice for WH employees using RNC and other outside e-mail accounts to use official WH/government business? AG says that there were a few people who used outside equipment — done to avoid problems with the Hatch Act. Intent of the policy was for those e-mails to be used for non-governmental purposes but if there were governmental transactions, that the communication ought to be preserved. AG says he thinks that the policy was that it should have been preserved — printed or forwarded througha government server. WH spokesperson has said close to 50 people had this equipment? As WH counel did you audit this or review it at all? Is anyone investigating this issue now? AG says that he thinks the counsel's office may be looking to see what happened here based on what he's said, but hasn't spoken to the WH Counsel's Office about this. Leahy says that you have been AG since 2005, have you done anything to make sure that Mr. Rove or his deputies have not used outside accounts for official government business. What was Goodling's role in choosing attorneys for termination? AG says he doesn't know everything she did. She, in essence, supported Mr. Sampson — she was WH liaison for the office. Have you told us all that you can recall, because there is a loack of discussion about conversations with Miers and Rove, among others? The AG says that he suspects that the committee members know more about what happened than he did with their review of al the materials. Ag says that he's told the committee everything he can remember. AG can't recall specifically the President telling him to fire a USAtty. Leahy says he wants to know which statement is the accurate one — goes through a litany of statements which all contain conflicting information. Which is the accurate statement? AG says that he hasn't intentionally said different things, and he accepts responsibility for his misstatements.
SEN. SPECTER QUESTIONS: Wants to talk about VT and threats to public safety. Wants to talk about amendments to law. (CHS notes: Am detecting a new GOP off-topic questioning strategy designed to emphasize all of the issues that the AG has to deal with on a day to day basis. It is the Scooter Libby my hard job hurts my brain defense all over again.) Now on to National Security Letters and the Patriot Act powers being misused. What have you done to make certain that these problems have been corrected? AG says he has asked the FBI and the national security division to work together to find out what happened — involved in the oversight and auditing of field offices so we have a better idea of what is ongoing. (CHS notes: Beacause, you know, another study by committee really fixes the problem, doesn't it?) Specter now goes on to FISA information provided to Leahy and himself — saying that the regular proceeding would be followed instead of the bypass that the President was doing of the Court. Specter says he would like to know the specifics and details to provide probable cause in light of the tremendous number of interceptions involved here, and more specifically of the quality of the factors required to establish probable cause on communications coming from outside the US in…and what is the apporach for the legislative changes. Want responses in writing.
More on the testimony.
On side note after the adjournment: (One heckler heard afterwards: "Seventy-four times, 'I don't recall.' How did he get through law school?")
Also Senator Leahy asked Gonzo about the White House missing emails:
Leahy: Rove's attorney (Luskin) has suggested that Patrick Fitzgerald might have those e-mails from his investigation. If the DoJ has that information, what would we have to do to get those e-mails?
Gonzo: Doesn't know about this.
Leahy: Asked whether the committee could get those. "We aren't talking about e-mails from the President, he doesn't use e-mail as I understand it?"
Gonzo: if they were transmitted over RNC servers, the WH might still have an interest.
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