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Page 2 of 2 SEN. PATRICK LEAHY: Even though we're the ones that have to write the law, and you are saying that you were told by members of Congress we couldn't write a law that would fit it, and now you tell us that the committee that has to write the law never was asked.  ALBERTO GONZALES: We had discussions -- SEN. PATRICK LEAHY: Does this sound like a CYA on your part? It does to me. ALBERTO GONZALES: We had discussions with a bipartisan leadership of the Congress about this program. SEN. PATRICK LEAHY: But not in front of this committee. We have both Republicans and Democrats on this committee, you know. ALBERTO GONZALES: Yes, sir, I do know. SEN. PATRICK LEAHY: And this committee has given you twice under my chairmanship, we have given you five amendments to FISA, because you requested it. But this, you never came to us. Mr. Attorney General, can you see why I have every reason to believe we never would have found out about this if the press hadn’t? Now, it’s been talked about, ‘Well, let's go prosecute the press.’ Heavens! Thank God we have a press that at least tells us what the heck you guys are doing, because you're obviously not telling us. ALBERTO GONZALES: Sir, we have advised bipartisan leadership of the Congress and the intel committees about this program. SEN. PATRICK LEAHY: Well, did you tell them that before the passage of the USA PATRIOT Act? ALBERTO GONZALES: Sir, I don't recall when the first briefing occurred. But it was shortly -- my recollection is it was shortly after the program was initiated. SEN. PATRICK LEAHY: Okay, well, let me ask you this then. You said several years after it started, you came up here and talked to some group of members of Congress. The press reports said that the President's program of spying on Americans without warrants was shut down for some time in 2004. That sounds like the time you were up here. If the President believed the program was necessary and legally justified, why did he shut it down? ALBERTO GONZALES: Sir, you’re asking me about the operations of the program. I’m not going to give you -- SEN. PATRICK LEAHY: Of course. I'm sorry, Mr. Attorney General, I forgot you can't answer any questions that might be relevant to this. Well, if the President has that authority, does he also have the authority to wiretap Americans’ domestic calls and emails under this -- let me finish -- under this authority, if he feels it involves al-Qaeda activity? I'm talking about within this country, under this authority you have talked about, does he have the power, under your authority, to wiretap Americans within the United States if they're involved in al-Qaeda activity? ALBERTO GONZALES: Sir, I have been asked this question several times. SEN. PATRICK LEAHY: I know, and you’ve had somewhat of a vague answer, so I'm asking again. ALBERTO GONZALES: And I’ve said that that’s -- that presents a different legal question, a tough – possibly tough Constitutional question, and I am not comfortable just off-the-cuff talking about whether or not such activity would, in fact, be constitutional. I will say that that is not what we're talking about here. That is not what the President has -- SEN. PATRICK LEAHY: Are you doing that? ALBERTO GONZALES: -- authorized. SEN. PATRICK LEAHY: Are you doing that? ALBERTO GONZALES: I can't give you assurances. It’s not what the President has authorized -- SEN. PATRICK LEAHY: Are you doing that? ALBERTO GONZALES: -- with this program. SEN. PATRICK LEAHY: Are you doing that? ALBERTO GONZALES: Senator, you're asking me again about operations of what are we doing. SEN. PATRICK LEAHY: Thank you. AMY GOODMAN: Vermont Senator Patrick Leahy questioning Attorney General Alberto Gonzales at Monday's hearings before the Senate Judiciary Committee. Recommend this article...
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