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Profile: David Ayres

David Ayres was a participant or observer in the following events:

Thomas Pickard.Thomas Pickard. [Source: Federal Bureau of Investigation]Acting FBI Director Thomas Pickard attempts to brief Attorney General John Ashcroft on the al-Qaeda terrorist threat for a second time (see June 28, 2001), but Ashcroft is uninterested and says he does not want to hear about it, according to Pickard’s later account.
'I Don't Want to Hear about It Anymore' - According to a June 24, 2004 letter from Pickard to the 9/11 Commission, Pickard opens the briefing by discussing “counterintelligence and counterterrorism matters.” Pickard’s letter will go on to say: “The fourth item I discussed was the continuing high level of ‘chatter’ by al-Qaeda members. The AG [attorney general] told me, ‘I don’t want to hear about it anymore, there’s nothing I can do about it.’ For a few seconds, I did not know what to say, then I replied that he should meet with the director of the CIA to get a fuller briefing on the matter.… I resumed my agenda but I was upset about [Ashcroft’s] lack of interest. He did not tell me nor did I learn until April 2004 that the CIA briefed him on the increase in chatter and level of threat on July 5, 2001” (see July 5, 2001 and July 11-17, 2001). [Pickard, 6/24/2004] In testimony under oath to the 9/11 Commission in 2004, Pickard will affirm that, “at least on two occasions” he briefed Ashcroft on a rising threat level and concerns about an impending attack, which were being reported by the CIA. Commissioner Richard Ben-Veniste will ask Pickard if he has told Commission staff that Ashcroft “did not want to hear about this anymore,” to which Pickard will respond, “That is correct.” [9/11 Commission, 4/13/2004 pdf file] According to Pickard’s later recollection: “Before September 11th, I couldn’t get half an hour on terrorism with Ashcroft. He was only interested in three things: guns, drugs, and civil rights.” [Miller, Stone, and Mitchell, 2002, pp. 293]
Differing Accounts of What Was Said at the Meeting - According to the 9/11 Commission’s June 3, 2004 record of its interview with Watson, “Pickard told Watson that he was briefing Ashcroft on counterterrorism, and Ashcroft told him that he didn’t want to hear ‘anything about these threats,’ and that ‘nothing ever happened.’” [9/11 Commission, 6/3/2004 pdf file] Author Philip Shenon will write about this meeting in his 2008 book, The Commission, based on interviews with Pickard and “Commission investigators who researched his allegations,” but none of the quotes or representations of fact in Shenon’s text will cite a specific source. Shenon will make reference to Mark Jacobson and Caroline Barnes as being the 9/11 Commission staffers who interviewed Pickard. [Shenon, 2008, pp. 240-248, 433] According to Shenon’s version of the meeting, Ashcroft replies to Pickard: “I don’t want you to ever talk to me about al-Qaeda, about these threats. I don’t want to hear about al-Qaeda anymore.” [Shenon, 2008, pp. 247] Ashcroft, in testimony under oath to the 9/11 Commission, will dismiss Pickard’s allegation, saying, “I did never speak to him saying that I did not want to hear about terrorism.” [9/11 Commission, 4/13/2004 pdf file] Pickard will respond to Ashcroft’s testimony in his 2004 letter, saying, “What [Ashcroft] stated to the Commission under oath is correct, but they did not ask him, ‘Did he tell me he did not want to hear about the chatter and level of threat?’ which is the conversation to which I testified under oath.” [Pickard, 6/24/2004] The deputy attorney general at the time of the meeting, Larry D. Thompson, and Ashcroft’s chief of staff, David T. Ayres, will sign a letter to the 9/11 Commission on July 12, 2004, in which they say they are responding to Pickard’s allegation that when he briefed Ashcroft “on the al-Qaeda threat prior to September 11, 2001, the attorney general responded that he did not want to hear such information anymore.” The letter will say Thompson and Ayres were present at that and the other regular meetings between Pickard and Ashcroft, and “the attorney general made no such statement in that or any other meeting.” [Ayres, 7/12/2004] The 9/11 Commission Report will conclude, “We cannot resolve this dispute.” [Commission, 2004]
Differing Accounts of Who Was at the Meeting - Pickard’s 2004 letter will state that Ayres is at the meeting, but has left the room prior to that part of the meeting, as he does not have the required level of security clearance. Pickard’s letter indicated that the FBI Assistant Director for Criminal Investigations, Ruben Garcia, is at the meeting and also witnesses the exchange. [Pickard, 6/24/2004] Shenon’s book puts Garcia at the meeting, but does not make reference to Garcia’s account of what is said there. Also, in the notes to Shenon’s book, it will not say that he interviewed Garcia. [Shenon, 2008, pp. 247-248, 433] According to a June 22, 2004 NBC News report: “Commission investigators also tracked down another FBI witness at the meeting that day, Ruben Garcia… Several sources familiar with the investigation say Garcia confirmed to the Commission that Ashcroft did indeed dismiss Pickard’s warnings about al-Qaeda.” Furthermore, “Pickard did brief Ashcroft on terrorism four more times that summer, but sources say the acting FBI director never mentioned the word al-Qaeda again in Ashcroft’s presence—until after Sept. 11.” [MSNBC, 6/22/2004] According to the 9/11 Commission Report, “Ruben Garcia… attended some of Pickard’s briefings of the attorney general but not the one at which Pickard alleges Ashcroft made the statement.” [Commission, 2004, pp. 536n52]
Ashcroft Denies FBI Requests and Appeals, Cuts Counterterrorism Funding - Following the meeting, on July 18, Ashcroft will reject the FBI’s request for an increase in funding for counterterrorism, and instead propose cuts to that division (see July 18, 2001). Pickard will appeal this decision; Ashcroft will reject the appeal on September 10, 2001 (see September 10, 2001). [9/11 Commission, 4/13/2004]

Entity Tags: Larry D. Thompson, John Ashcroft, Mark Jacobson, Thomas Pickard, David Ayres, Dale Watson, 9/11 Commission, Caroline Barnes, Central Intelligence Agency, Philip Shenon, Al-Qaeda, Ruben Garcia

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush terminates an investigation into controversial Republican lobbyist Jack Abramoff by firing the US Attorney supervising the investigation. A US grand jury in Guam has been investigating a secret arrangement between Abramoff and Superior Court officials to lobby against a court reform bill pending in Congress since February 2001 that would give the newly formed Guam Supreme Court authority over the Superior Court. The bill passed. Abramoff—a $750-an-hour lobbyist and former member of the Bush-Cheney transition team—was paid by a series of $9,000 checks, totaling $324,000, funneled through Laguna Beach, California, lawyer Howard Hills. The arrangement was designed to hide Abramoff’s role in working for the Guam court. On November 18, Acting US Attorney for Guam and the Northern Mariana Islands Frederick A. Black issued a subpoena demanding that a Superior Court official turn over all records involving the lobbying contract, including bills and payments. (Black had already launched an investigation into the former governor of Guam, Carl Gutierrez, for diverting government funds for personal gain; Black apparently intended to tie the two investigations together.) However, today Black is abruptly demoted, with the White House issuing a statement announcing that it will name a replacement for him. Although Black is considered an “acting” US Attorney, he has held the post for over 10 years. Now he is demoted to an Assistant US Attorney and barred from continuing his investigations. Those investigations are now in limbo. In May 2003, Black will be replaced by Leonardo Rapadas without any Senate debate. Rapadas will be chosen for the job by Guam Republicans; lobbyist Fred Radewagen, who worked for the Gutierrez administration, will carry the recommendation to White House political chief Karl Rove in early 2003. (Radewagen has access to the top levels of the White House, including Rove.) Rapadas will quickly recuse himself from the Gutierrez investigation and the Abramoff grand jury will be dismissed. [Los Angeles Times, 8/8/2005; Nation, 2/2/2006] Later investigation will show that Gutierrez hired Abramoff in the spring of 2002 to help him force Black out of office. “I don’t care if they appoint [B]ozo the [C]lown, we need to get rid of Fred Black,” Abramoff wrote to colleagues in March 2002. Black began investigating Abramoff for the $324,000 contract Abramoff had received, and in return Abramoff asked for help from the Justice Department (DOJ). In turn, the DOJ forwarded the information to White House counsel Alberto Gonzales. And, White House political director Ken Mehlman told White House official Leonard Rodriguez, a protege of Rove, to “reach out to make Jack [Abramoff] aware” of all Guam-related information, including people being considered to replace Black. “Abramoff claimed he had a top political guy at DOJ he could go to, to get rid of Black,” a source will tell reporter Ari Berman. In May 2002, Abramoff had a risk-assessment report of Guam and the neighboring Northern Marianas Islands (CNMI) killed; the report, requested by Black, called for the federalizing of immigration laws on the islands, a rule change that would have slowed the influx of cheap labor to CNMI, as well as jeopardizing Abramoff’s $1.6 million contract with the local government. (In CNMI, workers are paid $3.05 an hour to make clothing branded “Made in the USA.”) Abramoff learned of the report from David Ayres, then the chief of staff for Attorney General John Ashcroft, whom Abramoff hosted at a Washington Redskins football game. Not only was the report quashed, its author, regional security specialist Robert Meissner, was demoted. Meissner later told people that he thought his boss at the time, Paul McNulty, the US Attorney for Eastern Virginia, “had everything to do with” suppressing the report. McNulty later became deputy attorney general. A colleague of Meissner’s will later say: “McNulty was kind of the fireman at Justice. He was the guy trying to run around and put a lid on things that could become political, especially with Abramoff.” Another element of the effort to rid Guam of Black was to paint him as a supporter of President Clinton, although he was appointed by the first President Bush, and Gutierrez himself was a Democrat. In November 2002, Black asked the DOJ’s Public Integrity Section (PIN) for help in investigating Abramoff’s lobbying activities. McNulty was forwarded the request, as was Gonzales. The DOJ offers no help to Black. Days later, after Black convenes a grand jury to look into Abramoff’s activities, Black is removed as US Attorney. “Fred was removed because he asked to indict Abramoff,” one of Black’s colleagues at Justice will later tell Berman. “I don’t believe it was a coincidence.” In June 2006, the DOJ’s Office of the Inspector General (OIG) will determine that nothing untoward occurred in the Black firing. However, the report will be based largely on information provided by the administration, including apparently misleading testimony from Kyle Sampson, then chief of staff to Gonzales, who had by that time become attorney general. Rapadas was only chosen to replace Black after Black had launched his probe into Abramoff’s doings. David Sablan, who headed the Guam Republican Party at the time, will say in 2007, “I just wonder whether they wanted to prevent Fred Black from staying on.” The OIG report will indicate that Sampson discussed the US Attorney candidate for Guam and other posts with President Bush, a statement Bush will later disavow. [Nation, 2/2/2006; Nation, 4/16/2007]

Entity Tags: John Ashcroft, Ken Mehlman, Karl C. Rove, Leonardo Rapadas, Public Integrity Section, Paul J. McNulty, Robert Meissner, Office of the Inspector General (DOJ), Howard Hills, Jack Abramoff, George W. Bush, Clinton administration, Carl Gutierrez, Guam Supreme Court, D. Kyle Sampson, David Ayres, David Sablan, Alberto R. Gonzales, Frederick A. Black, Fred Radewagen, Ari Berman

Timeline Tags: Civil Liberties

Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. [National Public Radio, 5/15/2007; Washington Post, 5/16/2007; Washington Post, 6/7/2007; Associated Press, 6/7/2007]
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. [Washington Post, 5/16/2007; PBS, 5/16/2007] “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” [National Public Radio, 5/15/2007] Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” [Washington Post, 5/16/2007; Washington Post, 6/7/2007] “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. [PBS, 5/16/2007] Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” [New York Times Magazine, 9/9/2007] After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. [US Department of Justice, 8/14/2007]
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. [Washington Post, 6/7/2007] Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, [National Journal, 7/7/2007; National Journal, 8/16/2007] though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” [New York Times, 7/29/2007] Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” [Newsweek, 1/9/2006; National Public Radio, 5/15/2007; New York Times, 5/15/2007; Washington Post, 5/16/2007; PBS, 5/16/2007; Associated Press, 6/7/2007] Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” [New York Times Magazine, 9/9/2007]
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” [Time, 5/17/2007]
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” [Associated Press, 6/7/2007] Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. [Time, 5/17/2007]

Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal

Timeline Tags: Civil Liberties

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