Saturday, December 31, 2005

Justice Deputy Resisted Parts of Spy Program
By ERIC LICHTBLAU and JAMES RISEN
WASHINGTON, Dec. 31 - The top deputy to then-Attorney General John Ashcroft refused two years ago to approve important parts of the secret program that allows domestic eavesdropping without warrants, prompting two leading White House aides to try to win the needed approval from Mr. Ashcroft himself while he was hospitalized after a gall bladder operation, according to officials knowledgeable about the episode.
With Mr. Ashcroft recuperating from gall bladder surgery in March 2004, his deputy, James B. Comey, who was then acting as attorney general, was unwilling to give his certification to crucial aspects of the classified program, as required under the procedures set up by the White House, said the officials, who asked for anonymity because the program is classified and they are not authorized to discuss it publicly.
That prompted two of President Bush's top aides - Andrew H. Card Jr., his chief of staff, and Alberto R. Gonzales, then White House counsel and now the attorney general - to make an emergency visit to George Washington University Hospital to review the program with Mr. Ashcroft during what aides have described as a difficult recovery, the officials said.
The White House and Mr. Ashcroft, through spokesmen, declined to comment Saturday on the emergency meeting. "As the president has stated, the intelligence activities that have been under way to prevent future terrorist attacks have been approved at the highest levels of the Justice Department," said Jeannie Mamo, a White House spokeswoman...
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