Guilty

Why isn't this mainstream news?

President Bush ordered the NSA to engage in warrantless eavesdropping back in October 2001. The incidents which Comey described yesterday -- whereby the DOJ refused to certify the program's legality -- occurred in March, 2004, two-and-a-half years later. Since the NSA was spying on Americans outside of FISA the entire time, what prompted the DOJ suddenly to "reexamine" the legality of the program after all that time?

Comey did not say specifically what prompted that re-evaluation. This is all he said on that topic:

In the early part of 2004, the Department of Justice was engaged -- the Office of Legal Counsel, under my supervision -- in a reevaluation both factually and legally of a particular classified program. And it was a program that was renewed on a regular basis, and required signature by the attorney general certifying to its legality.

And the -- and I remember the precise date. The program had to be renewed by March the 11th, which was a Thursday, of 2004. And we were engaged in a very intensive reevaluation of the matter.

Comey then made clear that he and Ashcroft met, determined that the NSA program lacked legal authority, and agreed "on a course of action," one whereby the DOJ would refuse to certify the legality of the NSA program. Yet even once Ashcroft and Comey made clear that the program had no legal basis (i.e., was against the law), the President ordered it to continue anyway. As Comey said: "The program was reauthorized without us and without a signature from the Department of Justice attesting as to its legality."

Amazingly, the President's own political appointees -- the two top Justice Department officials, including one (Ashcroft) who was known for his "aggressive" use of law enforcement powers in the name of fighting terrorism and at the expense of civil liberties -- were so convinced of its illegality that they refused to certify it and were preparing, along with numerous other top DOJ officials, to resign en masse once they learned that the program would continue notwithstanding the President's knowledge that it was illegal.

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.