Comey: The program was reauthorized without us and without a signature from the Department of Justice attesting as to its legality. And I prepared a letter of resignation, intending to resign the next day, Friday, March the 12th.
Let’s focus on two critical issues that argue strongly that there were illegal acts committed in this affair. This requires confirmation of Comey’s testimony by the witnesses mentioned. In the meantime, it is a vital part of the process of deciding just how soon impeachment proceedings begin.
Oriented to time and place and “taking advantage of a very sick man.”
Comely used very specific words when he described Ashcroft’s condition. He said, “I immediately began speaking to him, trying to orient him as to time and place, and try to see if he could focus on what was happening, and it wasn't clear to me that he could.” A bit later in the testimony, he uses the term orientation again, attributing the assessment to Ashcroft chief of staff Ayers:
He was very concerned that Mr. Ashcroft was not well enough to understand fully what was going on. And he begged me to wait until -- this was Thursday that I was making this decision -- to wait til Monday to give him the weekend to get oriented enough so that I wouldn't leave him behind, was his concern.
Orientation is a term used in psychiatry to indicate a patient’s awareness level of himself and his surroundings: Where are you? Do you know why you’re here? Etc. If you’re not oriented, you lack the ability to make decisions that range from How do I get home? to Should I sign this agreement? An individual absent full orientation can have periods of temporary lucidity. However, these are brief and do not negate the overall condition of disorientation.
Without orientation to time and place Ashcroft would have lacked testamentary capacity, a legal term indicating one has the capacity to sign a contract or, in this case, approve of warrantless spying on millions of citizens of the United States. Comey makes a strong case that there was no such capacity, other than the moment of lucidity when Ashcroft arose from his bed to admonish the two White House representatives and send them on their way.
Those seeking a signed legal agreement are required to recognize observable limitations to testamentary capacity. Comey makes clear that both he and Ayers had serious questions about Ashcroft’s lucidity. Gonzales, a lawyer, and Card should have had serious questions also. Yet they proceeded. This reported perseverance to gain approval indicates that they violated this basic principle of contract law. The person signing the agreement needs to know what he or she is doing.
The visit to the hospital and attempt to “take advantage of a very sick man” was not only ill mannered in the worst way; it was an act of deception against the Department of Justice and citizens. As Comey says and Ayers reportedly supports, Ashcroft was not sufficiently oriented to sign an agreement, let alone a complex legal approval.
Seeking approval of an illegal law then implementing the illegal law.
Before the hospital drama, it was clear that the White House knew that Comey wouldn’t sign off on the reauthorization of the surveillance law. The willingness to go around Comey, the official Acting Attorney General, and seek Ashcroft’s approval is just the opening act of this incident.
The approval was not obtained. Yet as Comey pointed out, “The program was reauthorized without us and without a signature from the Department of Justice attesting as to its legality.”
There are at least two major problems facing the participants in this affair.
First, the White House attempted to obtain approval for a program that they knew the acting Attorney General would not approve. Second, they sought this approval from someone without authority, Ashcroft. He stepped down due to his illness and passed authority to Comey.
Of great significance, however, is the fact that the program was implemented. It doesn’t matter if it was for an hour, a day or a week. Comey tells us warrantless surveillance on U.S. citizens was implemented without the required DOJ approval due to Comey’s unwillingness to attest “as to its legality.”
Section 371. Conspiracy to commit offense or to defraud United States
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
