Special Prosecutor Weighed for Gonzales

U.S. Attorney General Alberto Gonzales addresses the National Sheriffs' Association during their annual convention Tuesday, June 26, 2007, in Salt Lake City. The return of Gonzales to the Senate Judiciary Committee is in some ways the story of Democratic failure to drum up enough pressure to force President Bush's hand. (AP Photo/Douglas C. Pizac) (Douglas C. Pizac - AP)

"You're asking me a question that's related to an ongoing controversy," Gonzales protested.

Specter, top Republican on the panel, said he was merely asking if Gonzales recognized the constitutional problem at hand.

"Would you focus on my question for just a minute, please?" Specter asked.

He added: "I'm not going to pursue that question, Mr. Attorney General, because I see it's hopeless. ... You're the attorney general, and you're also a lawyer. And we're dealing with a very fundamental controversy."

In another flashpoint, Gonzales denied he tried to pressure the ailing Ashcroft into renewing the counterterror program in March 2004, as recounted in testimony earlier this year by former Deputy Attorney General Jim Comey. At the time, Ashcroft refused to give his OK to Gonzales and then-White House chief of staff Andy Card, saying he had delegated authority to make that decision to Comey, who questioned the program's legality.

Gonzales described the encounter at Ashcroft's hospital bedside as having come at the bidding of congressional leaders who urged the administration to continue the program. He said he and Card "didn't press him. We said, 'Thank you,' and we left."

"We went there because we thought it was important for him to know where the congressional leadership was on this," Gonzales said.

Later, Sen. Jay Rockefeller, top Democrat on the Senate Intelligence Committee, said Gonzales was "untruthful" Tuesday in describing the White House meeting where the congressional leaders supposedly approved continuing the program. Former Senate Democratic leader Tom Daschle, who also would have been included, said in a statement he has "no recollection of such a meeting and believe that it didn't occur."

"I am quite certain that at no time did we encourage the AG or anyone else to take such actions," Daschle said in the statement in response to reporters' questions.

Justice spokesman Brian Roehrkasse said Gonzales stands by his testimony.

Senators furiously accused Gonzales of misleading them a year ago when he testified there were no internal objections to the eavesdropping program that targeted suspected terrorists in the United States. Gonzales, however, said the hospital confrontation dealt with a different intelligence program that he would not identify.

"The disagreement that occurred, and the reason for the visit to the hospital, senator, was about other intelligence activities," Gonzales said.

Sen. Charles E. Schumer, D-N.Y., said Gonzales' refusal to answer direct questions about the program demonstrated deceit.

"How can you say you should stay on as attorney general when we go through exercises like this?" Schumer asked. "You want to be attorney general, you should be able to clarify it yourself."

"There's a discrepancy here in sworn testimony," added committee chairman Sen. Patrick Leahy, D-Vt. "We're going to have to ask who's telling the truth, who's not."

After numerous apologies and promises to repair the Justice Department, the normally placid Gonzales was visibly frustrated and at times angered at senators unwillingness to move past the controversy. He flinched as the hearing ended and protesters loudly heckled him as he shook lawmakers' hands.

Yet Gonzales also tried to appease senators who asked why he hasn't resigned.

"Would you please explain to us why the administration of justice and the American people would not be better served by somebody sitting in the office who does not have all of the problems that you possess with respect to believability, credibility, confidence, trust?" asked Sen. Herb Kohl, D-Wis.

"Ultimately I have to decide whether or not it would be better for me to leave or just stay and try to fix the problems," Gonzales said with a rueful smile. "I've decided to stay and fix the problems."