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FBI Chief Disputes Gonzales On Spying
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Mueller's testimony is particularly striking in light of his opposition to Gonzales's view of the matter at issue during the 2004 legal dispute. Then-Acting Attorney General James B. Comey sought Mueller's help in ensuring that an FBI security detail did not evict Comey from Ashcroft's hospital room during the visit by Gonzales, then White House counsel, and Andrew H. Card Jr., then the White House chief of staff.
Mueller was not present during the hospital visit but testified yesterday that Ashcroft briefed him on the conversation. He repeatedly said he agreed with Comey's version of events, which included testimony that Mueller, Ashcroft, Comey and others were prepared to quit if the program went ahead without changes to render it legal.
Bush agreed to make the changes after he met with Mueller and discussed the objections Mueller shared with Comey, according to Comey's account. Mueller conveyed that promise to Comey.
Signaling that Democrats intend to keep pursuing the issue, House Judiciary Chairman John Conyers Jr. (D-Mich.) wrote to Mueller after yesterday's hearing, requesting notes about the 2004 hospital incident. Mueller testified that he kept records because the episode was "out of the ordinary."
FBI officials declined to comment.
The request by four senators to appoint a special prosecutor was sent to Solicitor General Paul D. Clement. He has taken charge of matters relating to the U.S. attorney firings and related controversies because Gonzales and numerous other aides are recused.
Leahy also raised the possibility this week of asking Justice Inspector General Glenn A. Fine to open a perjury investigation of Gonzales if the attorney general declines to correct testimony that Leahy considers inaccurate.
Besides demanding Rove's testimony on the attorney firings, Leahy sent a subpoena to J. Scott Jennings, the White House's deputy political director. Rove and Jennings appear in Justice Department e-mails discussing steps in the plan to fire the prosecutors.
Research editor Alice Crites contributed to this report.
