Re: Comey and Mueller [View all]

[H2O Man]

Dick Cheney: “How can you possibly be reversing course on something of this importance after all this time?”

James Comey: “I will accept for purposes of discussion that it is as valuable as you say it is. That only makes this more painful. It doesn't change the analysis. If I can't find a lawful basis for something, your telling me you really, really need to do it doesn't help me.”

Dick Cheney: “Others see it differently.”

James Comey: “The analysis is flawed, in fact facially flawed. No lawyer reading that could reasonably rely on it.”

David Addington: “Well, I'm a lawyer, and I did.”

James Comey: “No good lawyer.”

Angler: The Cheney Vice Presidency; Barton Gellman; Penguin; 2008; pages 295-296.



As we wait for Mr. Comey to testify on Thursday, I thought it would be fun to review his interactions within the Bush-Cheney administration. Most people remember his intervening when two White House officials attempted to illegally get John Ashcroft to sign on to an enhanced “patriot act” from his hospital bed. But the confrontation detailed above – which took place a few days before – is less well-known. Gellman's book is perhaps the best resource regarding this chapter in our history.

VP Cheney was attempting to keep information on the upgraded domestic spying program secret from everyone in the administration, except a very few individuals. Indeed, unlike the “patriot act,” this program was classified at the highest level, just like the code word information Trump recently leaked to his Russian buddies. Cheney hoped that the pressure to replace the current program, set to run out in a couple days, would force the Justice Department to sign on.

Cheney and his friends were not happy that Ashcroft said he would not sign on, unless Comey was brought in. Thus, the tense meeting noted above, in which Addington shouted, “If you rule that way, the blood of the hundred thousand people who die in the next attack will be on your hands!” at Comey. The following day, when Comey arrived for another meeting with Cheney, he was refused entrance. And this is what led to the infamous conflict at Ashcroft's hospital bed.

Ashcroft's wife had instructed the hospital that absolutely no calls were to be put through to her husband's room. Andrew Card and Alberto Gonzales attempted to get through, but their call was rejected. Either one of them, or perhaps Cheney, got President Bush to call – he got through – and inform the Ashcrofts that Card and Gonzales were on their way over.

Comey was informed of their plan, and he rushed to Ashcroft's hospital room. What hasn't been reported on very often is that Comey called the FBI director, Robert Mueller, and had him inform thew guards at Ashcroft's room that Comey could not be removed when the White House ghouls arrived.

It is well known that Comey prevented Card and Gonzales from accomplishing their goal. More, as Gellman documents, Card would order Comey to go straight to the White House later in the evening. Comey told Card that after what he had witnessed at the hospital, he would refuse to meet with Card without the solicitor general of the United States present.

Comey would then hold an emergency meeting at the Justice Department. If the Cheney forces got Bush to over-rule him, Comey would resign. Numerous others stated that they would, too. This group included FBI director Mueller. Earlier in the evening, Mueller had said, “There comes a time in every man's life when the good Lord tests him.” Comey, Mueller, and the others passed that test.

Gellman writes about how the Cheney people tended to bad-mouth Comey, increasingly in the days leading up to the showdown, including around Bush. Interestingly, Bush was known to say, “Oh, Cuomey? He's a great guy!” – mistakenly mispronouncing Comey's name in the manner of team Cheney (who attempted to connect him with Andrew Cuomo, who they despised).

In fact, when Bush met with Comey in the days after the hospital conflict, and learned about the potential resignations, Bush would agree with Comey's position, rather than Cheney's. And, as we all know, in time the decision was made to appoint Patrick Fitzgerald to investigate the Plame scandal, an illegal attempt by the Office of the Vice President to conduct a “black op.”

From this episode, I think it is safe to say that Comey and Mueller are willing and able to confront the abuse of executive power. Indeed, they coordinated their efforts in the past, and they are coordinating their efforts now.