Gonzales's Truthfulness Long Disputed
Claims of Misstatements to Shield Bush Stretch Back a Decade
By Dan Eggen and Amy Goldstein
When Alberto R. Gonzales was asked
during his January 2005 confirmation
hearing whether the Bush administration
would ever allow wiretapping of U.S.
citizens without warrants, he initially
dismissed the query as a "hypothetical
situation."
But when Sen. Russell Feingold (D-Wis.)
pressed him further, Gonzales declared:
"It is not the policy or the agenda of
this president to authorize actions that
would be in contravention of our
criminal statutes."
By then, however, the government had
been conducting a secret wiretapping
program for more than three years
without court oversight, possibly in
conflict with federal intelligence laws.
Gonzales had personally defended the
effort in fierce internal debates.
Feingold later called his testimony that
day "misleading and deeply troubling."
The accusation that Gonzales has been
deceptive in his public remarks has
erupted this summer into a full-blown
political crisis for the Bush
administration, as the beleaguered
attorney general struggles repeatedly to
explain to Congress the removal of a
batch of U.S. attorneys, the wiretapping
program and other actions.
In each case, Gonzales has appeared to
lawmakers to be shielding uncomfortable
facts about the Bush administration's
conduct on sensitive matters. A series
of misstatements and omissions has come
to define his tenure at the helm of the
Justice Department and is the central
reason that lawmakers in both parties
have been trying for months to push him
out of his job.
Yet controversy over Gonzales's candor
about George W. Bush's conduct or
policies has actually dogged him for
more than a decade, since he worked for
Bush in Texas.
Whether Gonzales has deliberately told
untruths or is merely hampered by his
memory has been the subject of intense
debate among members of Congress, legal
scholars and others who have watched him
over the years. Some regard his verbal
difficulties as a strategic ploy on
behalf of a president to whom he owes
his career; others see a public official
overwhelmed by the magnitude of his
responsibilities.
Administration officials say Gonzales's
enemies are distorting his words for
political gain. The Justice Department
has portrayed the criticism as
unavoidable and a matter of routine
misunderstanding, provoked by the
attorney general's presence at a
"friction point between the executive
branch and Congress when it comes to
national security policy," as spokesman
Brian Roehrkasse said Friday.
Gonzales told senators earlier this year
that allegations that he had been
untruthful "have been personally very
painful to me." But Gonzales's critics
on and off Capitol Hill say he has had
trouble with the truth for more than a
decade, pointing to a controversy over
Gonzales's account of why Bush was
excused from jury duty in 1996 while
serving as the governor of Texas.
Sen. Charles E. Schumer (N.Y.), who
joined other Democrats last week in
calling for an inquiry into possible
perjury by Gonzales, said Friday that
"most public servants -- Democratic or
Republican, conservative, moderate or
liberal -- seem to want to try to tell
the truth. . . . With Gonzales, whatever
answer fits he will tell, whether it's
true or not. It almost seems pathological."
Over the past 2 1/2 years, lawmakers
have accused Gonzales of dissembling on
many topics, including civil liberties
abuses under the USA Patriot Act and his
role in reviewing aggressive
interrogation tactics. After a Senate
Judiciary Committee hearing in February
2006, Gonzales sent the panel a
six-page, single-spaced letter to
"clarify" six major points of testimony,
including his erroneous claim that the
Justice Department had never undertaken
a legal analysis of domestic wiretapping.
But scrutiny of Gonzales increased
dramatically this year as a result of
Democrats' aggressive investigations
into the Justice Department's firings of
nine U.S. attorneys in 2006. Gonzales
has particularly come under fire for his
shifting explanations of his role in the
dismissals and for his statements that
he could not recall a host of details
about the firings.