Hearing Open Thread #2

Post-Gonzales opening statement.

SPECTER: Why not take your entire program to the FISA court?

GONZ: (Tries to filibuster, Specter says get to my question)

SPECTER: Why don't you go to FISA court, what do you have to lose if you think you're right?

GONZ: No clear answer. Always considering methods of fighting the war effectively

SPECTER: I would urge the pres to take this matter to the FISA courts.

SPECTER: Member or agent or affiliate of Al Qaeda. So, before there's an interception you're determining that one of the parties is one of the 3.

GONZ: I believe Gen Hayden confirmed that before interception, there is a determination made that we have reasonable grounds to believe that.

SPEC: Can you give us an assurance that this is true. Seems to me that that is a very important statement, and if we were really sure there was an agent or affiliate of Al Qaeda on the line, that would be one thing (I still want to know what is an "affiliate" or "agent" of Al Qaeda?)

SPEC: We contacted Ashcroft, he hasn't said yes or no about testifying (geez why didn't you subpoeana him?). Any objection to Ashcroft testifying?

GONZ: No.

SPEC: Congressional intent about the resolution authorizing force. If it's something you could not likely get then how can you say Congress gave you the authority.

GONZ: In the same press conf I clarified that statement. I said that legislation couldn't be obtained without exposing the program and killing it (Uh, I don't think so, but let's pull up his old quotes).

GONZ: We were attacked...

LEAHY: Yeah, I know we were attacked, I was here when we were attacked. Now answer my question... did you come to the conclusion that you had the authority to spy on Americans without FISA approval pre-9/11.

GONZ: Was shortly after authorization to use military force was passed.

LEAHY: Before or after NSA began spying? (Gonz says his understanding that NSA didn't start spying like this until the prez approved it)

(So here's a question - has any US president wiretapped US citizens in violation of a federal law, and subsequently been found to have done so legally?)

(Gag me, Hatch is now talking about how this war is so different from any other war. Really?)

KENNEDY: We faced a nuclear threat during the cold war (basically, how was that not an equal threat to terrorism, the destruction of the planet?)