Breaking the Camel's Back

If ever there was any doubt that George W. Bush needs to be impeached, the testimony we heard yesterday should lay it to rest. A former top aide to Attorney General John Ashcroft testified yesterday about a series of events that sounds more like the climax of a Hollywood thriller than like a government playing by the rules. From the Post:

On the night of March 10, 2004, as Attorney General John D. Ashcroft lay ill in an intensive-care unit, his deputy, James B. Comey, received an urgent call.

White House Counsel Alberto R. Gonzales and President Bush's chief of staff, Andrew H. Card Jr., were on their way to the hospital to persuade Ashcroft to reauthorize Bush's domestic surveillance program, which the Justice Department had just determined was illegal.

In vivid testimony to the Senate Judiciary Committee yesterday, Comey said he alerted FBI Director Robert S. Mueller III and raced, sirens blaring, to join Ashcroft in his hospital room, arriving minutes before Gonzales and Card. Ashcroft, summoning the strength to lift his head and speak, refused to sign the papers they had brought. Gonzales and Card, who had never acknowledged Comey's presence in the room, turned and left.

That's right, John Ashcroft, who liberals love to hate for trampling civil liberties with the Patriot Act and various other awful conservative offenses, is actually the good guy here. He recognized that Bush's blatantly illegal domestic spying order was illegal, and he refused to sign off on it. The second in command of the Department of Justice had to bring the head of the FBI to Ashcroft's hospital bed to keep Bush's goons from forcing his signature.

Apparently Comey also testified that if he, Ashcroft, Ashcroft's chief of staff, and the head of the FBI hadn't all threatened to resign over the program, Bush would have gone ahead with it anyway. Now, just to be clear, the program is still illegal, to this very day. So whatever change Bush conceded to in order to appease Comey et al. doesn't solve the problem or make Comey and Ashcroft into actual good guys. But in this Administration, just being less evil makes you look like a saint.

As Glenn Greenwald implies today, there is no solution for the problems this creates short of impeachment:

The overarching point here, as always, is that it is simply crystal clear that the President consciously and deliberately violated the law and committed multiple felonies by eavesdropping on Americans in violation of the law.

Recall that the only federal court to rule on this matter has concluded that the NSA program violated both federal law and the U.S. Constitution...

Yet even once Bush knew that both Aschcroft and Comey believed the eavesdropping was illegal, he ordered it to continue anyway. As Anonymous Liberal wrote yesterday:

That's a rather stunning fact, and one that I wish at least a few mainstream journalists would attempt to grasp the significance of. The White House authorized a program that everyone of significance in the Justice Department had determined to be lacking any legal basis. They willfully violated the law.

As Dan Froomkin writes today, trying to get a sick guy to sign a paper is never going to be considered the worst thing this Administration has done. But it may be the one thing that makes all the other stuff make sense. It might exemplify the rest of the misconduct, somehow symbolizing it for people who don't have time to follow the ins and outs of emails about purging prosecutors. It might, in other words, step into the role the Mark Foley scandal played last fall. To quote myself:

the Mark Foley scandal from last October--it's not that Republican leadership really influenced policy by protecting a sexual predator, it's [that] they helped people condense the narrative of corruption and arrogance that surrounded the Republican Congress. We also know from the groundbreaking work of Samuel Popkin that voters tend to form a narrative and then adjust it with new information, rather than constantly weighing and reweighing all the evidence.

But as cool as I feel for drawing that analogy, I felt even more vindicated to see the following in the Post editorial page:

JAMES B. COMEY, the straight-as-an-arrow former No. 2 official at the Justice Department, yesterday offered the Senate Judiciary Committee an account of Bush administration lawlessness so shocking it would have been unbelievable coming from a less reputable source.

You may recall that my very most recent blog post was about how the Administration got away with so much just by doing things that people couldn't believe an Administration would do. At that time, I relied on Kevin Drum's assessment of the situation, which I now re-cite:

One of the great discoveries of the Republican Party over the past decade or two is that an awful lot of the rules we take for granted are, in reality, just traditions. Like redistricting only once a decade, for example, or keeping House votes open for 15 minutes. And what Republicans have found out is that if you have the balls to do it, you can just ignore tradition and no one can stop you. It's that simple. Alberto Gonzales has learned this lesson well. Normally, cabinet officers who have been caught in multiple obvious lies have to either resign or else seriously try to defend themselves. But Gonzales realizes this is just tradition.

So the Washington Post editorial board provides the other reason this may be such an important development in the scandal. Just to review, the first reason is that this is easy to remember, and it symbolizes the larger problem. The second reason is that the gatekeepers of establishment knowledge, who are too blind to see the obvious when it is spread out in front of them, may finally get it when it is sitting in front of them nicely gift-wrapped. Let's hope so.