Monday, April 26, 2010

Department of justice and FBI Officials Consider Resigning

Under President Bush, Several senior DOJ and FBI officials considered resigning after the Presidential Authorization was signed without Department of Justice concurrence. Comey told the DOJ OIG that he drafted a letter of resignation because he believed it was impossible for him to remain with DOJ if the President would do something DOJ said was not legally supportable. Comey also testified that Ashcroft's Chief of Staff David Ayers believed Ashcroft also was likely to resign with him
Goldsmith told the DOJ OIG he drafted a resignation letter at around the same time as Comey according to his contemporaneous notes, Goldsmith cited the "shoddiness"of the prior OLC legal review
the "over -secrecy" of the PSP , and the "shameful" incident at the hospital as among his grievances.

At approximately 1:30 a.m, on March 12,2004, FBI Director Mueller drafted by hand a letter stating in part:[A]fther reviewing the plain language of the FISA statue, and the order issued yesterday by the President..... and in the absence of further clarification of the legality of the  program from the Attorney General, I am forced to withdraw the FBNI from participation in the program

Now my question is who in the FBI keep this program going? 

Further should the President order the continuation of the FBI's participation in the program, and in the absence of further legal advice from AG, I would would be constrained to resign as  Director of the FBI' Muller told the DOJ OIG that he planned on having the letter typed and then tendering it, but based on subsequent events his resignation was not necessary.

In written responses to Senator Charles Schumer following his testimony, Comey wrote that he believed that several were prepared to resign.   

There a lot that go on behind close door, and have a way of coming into the light 

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