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Ashcroft’s son speaks of Comey and Mueller
It was after all of the “on topic material” had been finished that stories came out which included the names of Comey and Mueller. And yes, this was James Comey and Robert Mueller III, both former directors of the Federal Bureau of Investigation.
As reported in this paper on Wednesday, Jay Ashcroft, Missouri’s Secretary of State, was in town the day prior, speaking about the state’s new law promoting the use of photo ID at polling places.
On Tuesday, after a 30 minute presentation followed by 10 minutes’ worth of questions and another 10 minutes of greeting people and still another 10 minutes of press questions, while aides were cleaning up the room, Missouri’s Secretary of State turned to the one remaining reporter and said, “What do you really want to ask me?”
Ashcroft was now ready to answer questions about something other than the new voter ID law.
“I have two questions,” I said. “First, the Secretary of State’s office has several divisions, responsible for many things, besides overseeing elections. Please name an initiative or two in those.”
As one who likes to read and since his office oversees public libraries, one could detect some pride in his voice as he spoke of helping to get the General Assembly to restore funding for libraries. He then moved on to the “Safe at Home” identity protection program his office manages and he spoke of laying the groundwork for a coalition of legislators, state offices and business leaders to create systematic regulatory reform as well as a uniform election code.
Said Ashcroft, “Our laws and codes are confusing and sometimes contradictory with too many different groups establishing rules without any coordination. No wonder it can be a struggle to start and run a business. This has got to change.”
The secretary turned back to elections and cited conflicting rules about early voting and conducting and election recount.
“In any area, a uniform process for establishing rules is vital, as is a uniform code by which things are handled,” said Ashcroft.
I mentioned a conversation I had with his father in March of last year, in which I asked the former U.S. Attorney General for his most memorable moment in office.
With a broad smile, the Secretary of State said, “March 11, 2004.”
And then tumbled out of his mouth four names and what connected them all. “Andrew Card, Alberto Gonzalez, James Comey, Robert Mueller and Stellar Wind.”
Card was Chief of Staff for President George W. Bush; Gonzalez was White House Counsel, meaning the president’s lawyer; James Comey was Deputy Attorney General; Robert Mueller III was the Director of the FBI; and then there was that last name.
Stellar Wind was the operational code name for a surveillance program operated by the National Security Agency, authorized, by the president, in the days following the Sept. 11, 2001, attacks.
When a law enforcement agency seeks to listen in on a telephone conversation, they must obtain a court order. Such an order only lets the agency listen to conversations between those two parties alone.
Court orders for conversations where one party is located inside the U.S. and the other outside are obtained through the United States Foreign Intelligence Surveillance Court – known as the FISA Court which issues FISA warrants – a system established by Congress in 1978. Such warrants are usually sought by the NSA and the FBI.
Three days after the Sept. 11 terrorist attacks, Congress passed the law known as the Authorization For Use of Military Force against those responsible for the attacks and any “associated forces.”
The NSA (and not the FBI) interpreted this law as permitting them – in the war on terrorism and specifically against Al-Qaida – not only to bypass FISA courts and tap any conversation, foreign or domestic but also to collect and later sift through every telephone conversation and the internet traffic of everyone.
The law adopted by Congress required the attorney general’s review and reauthorization every three years. When asked by the White House to reauthorize this practice, Ashcroft and chief deputy, Comey, were shocked to learn what was being done and in early March 2004, refused reauthorization.
A sudden gall bladder attack landed the attorney general in the hospital, semi-conscious, in great pain, with surgery scheduled the next morning, Comey was officially designated the acting attorney general.
Upon learning the President was sending Card and Gonzalez to the hospital to have Ashcroft sign the authorization prior to surgery, Comey paused to think. The acting attorney general knew Card would have Secret Service protection making Comey worried agents might forcibly eject him from the hospital room.
Physically, Ashcroft was too weak to sign anything and legally, Comey was acting attorney general but if Ashcroft were isolated, who knew what might happen?
As Comey raced towards the hospital – his car’s grill lights flashing and siren wailing – he called his friend and ex-Marine, Mueller.
Since the attorney general is always protected by agents of the FBI, Comey asked Director Mueller to call ahead and order the agents to resist the Secret Service if they tried to remove him from the bedside of Ashcroft.
As motorcades converged on the hospital from across Washington, everyone involved wondered: Just how far would this situation escalate? It was all the more remarkable because no one outside of a tiny circle of high-ranking officials had any idea the cinematic showdown that was playing out.
Comey arrived and shortly after him, Jack Goldsmith, head of the Office of Legal Counsel for the Department of Justice was also on site.
A standoff ensued. Comey decided not to let things escalate further and so he and Goldsmith voluntarily left the room.
Jay Ashcroft considers Comey and Mueller to be true patriots, who put principle before party.
On his bed, mustering as much clarity and strength as he could, Ashcroft told Card and Gonzalez he neither could nor would sign the documents.
When Ashcroft learned the White House had directed the NSA to continue without reauthorization, Ashcroft, Comey and Mueller all threatened to resign together.
President Bush backed down.
Last March, while in Nevada, the former U.S. Attorney General said, “Integrity and loyalty are two things I value. Comey and Goldsmith were there to back me up as was Mueller. Afterwards, the president and I got along fine.”
At that point in the story, Missouri’s Secretary of State was being told by staff it was time to go.
But before the younger Ashcroft left, he said, “It’s called the public trust. And every day, I strive to bring those same standards to the work I do on behalf of the public.”