Karl Rove's Immunity

From Gonzales's letter: "I am deeply concerned with suggestions that my testimony was misleading, and am determined to address any such impression. . . .

"I recognize that the use of the term 'Terrorist Surveillance Program' and my shorthand reference to the 'program' publicly 'described by the President' may have created confusion, particularly for those who are knowledgeable about the NSA activities authorized in the presidential order described by the [director of National Intelligence], and who may be accustomed to thinking of them or referring to them together as a single NSA 'program.'"

So the more you knew, the more "confused" you might have been? Moreover, Gonzales may have introduced yet another point of potential "confusion" in his letter by making a distinction between "intense deliberation" and "serious disagreement."

In February 2006, Gonzales testified at a Senate Judiciary Committee hearing that "there has not been any serious disagreement about the program that the president has confirmed."

Some Democrats are accusing Gonzales of perjury in light of former deputy attorney general James Comey's recent testimony about a broad-based rebellion in 2004 by top Justice Department officials against aspects of the NSA program. Gonzales now argues that Comey's objections were about "other intelligence activities" -- i.e., ones that are still secret.

But he also writes in yesterday's letter: "That is not to say that the legal issues raised by the Terrorist Surveillance Program were insubstantial; it was an extraordinary activity that presented novel and difficult issues and was, as I understand, the subject of intense deliberations within the Department."

Can you have "intense deliberation" without "serious disagreement"? I can't.

Here is Leahy's response to the Gonzales letter: "The Attorney General's legalistic explanation of his misleading testimony under oath before the Senate Judiciary Committee last week is not what one should expect from the top law enforcement officer of the United States. It is time for full candor to enforce the law and promote justice, rather than word parsing."

Roger Simon reports in the Politico that Leahy, in an interview, had this to say about Gonzales: "I don't trust him. He gives me the impression that he is someone to whom telling the truth does not come naturally.

"Those of us who have been prosecutors are particularly concerned with him because his activities undermine law enforcement. If law enforcement is not impartial, the whole system breaks down. And the attorney general makes law enforcement appear political."

Simon writes: "Leahy has given Gonzales to the end of this week to amend those statements he has made under oath to the Judiciary Committee that are in conflict with the testimony of others, a standard procedure the committee allows for all witnesses.

"If Gonzales refuses, however, the outcome will not be standard procedure.