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Profile: Elliot Richardson

Elliot Richardson was a participant or observer in the following events:

President Nixon announces that his closest senior aides, H. R. Haldeman and John Ehrlichman, have resigned (see April 30, 1973). Attorney General Richard Kleindienst also resigns, to be replaced by Elliot Richardson; White House counsel John Dean, who is cooperating with Congressional investigators (see April 6-20, 1973), is also said to resign, although actually he was fired. Nixon makes his announcements on prime-time television; he tells his listeners that he wants to speak “from my heart.”
Knew Nothing Until He Watched the News - Nixon claims that he knew nothing of the so-called “Watergate affair” until he learned of the Watergate burglary (see June 17, 1972) from news reports. He describes himself as “appalled at this senseless, illegal action,” and “shocked to learn that employees of the Re-Election Committee [Committee to Re-elect the President, or CREEP)] were apparently among those guilty. I immediately ordered an investigation by appropriate government authorities.” Nixon says that he asked those authorities on several occasions “[I]f there was any reason to believe that members of my administration were in any way involved. I received repeated assurances that there were not. Because of these continuing reassurances, because I believed the reports I was getting, because I had faith in the persons from whom I was getting them, I discounted the stories in the press that appeared to implicate members of my administration or other officials of the campaign committee.”
'Personally Assumed Responsibility' for Inquiries, Demanded Cooperation - Nixon goes on to say that he believed the denials until March 1973, and the denials and comments he made were not intended to mislead, but merely “based on the information provided to us at the time we made those comments.” He then learned that “there was a real possibility that some of these charges were true, and suggesting further that there had been an effort to conceal the facts both from the public, from you, and from me.” On March 21, Nixon says, “I personally assumed the responsibility for coordinating intensive new inquiries into the matter, and I personally ordered those conducting the investigations to get all the facts and to report them directly to me, right here in this office.” Nixon says that he ordered everyone in government and at CREEP to fully cooperate with the investigators, the prosecutors, and the grand jury looking into the matter. Although insisting on “ground rules… that would preserve the basic constitutional separation of powers between the Congress and the presidency,” he “directed” members of his staff to testify under oath to the Senate Watergate Committee. The “integrity of this office” must “take priority over all personal considerations.”
Concerns with Ethics, Integrity Impelled Resignations - It is this concern for the integrity of the presidency, and his commitment to the most “rigorous legal and ethical standards,” that moved Nixon to accept the resignations of Haldeman and Ehrlichman, which he hastens to note do not imply any “implication whatever of personal wrongdoing on their part.” He asked Kleindienst to resign, not because of any implication of wrongdoing, but because of his “close personal and professional [association with] some of those who are involved in this case.” He has given Kleindienst’s successor, Richardson, the authority to name a special prosecutor to take over the investigation if Richardson deems it necessary. Nixon says: “[J]ustice will be pursued fairly, fully, and impartially, no matter who is involved. This office is a sacred trust and I am determined to be worthy of that trust.”
Shifting the Blame - Nixon says that until 1972, he had personally run his own political campaigns. But he was too busy with “crucially important decisions… intense negotiations [and] vital new directions” for the nation; he decided “the presidency should come first and politics second.” He therefore delegated as much of his campaign’s operations to others, and attempted to keep the campaign and the functions of the White House as separate as possible. Though Nixon makes it clear that unidentified subordinates “whose zeal exceeded their judgment and who may have done wrong in a cause they deeply believed to be right” are the criminals in Watergate, since he is “the man at the top,” he “must bear the responsibility.” “That responsibility, therefore, belongs here, in this office. I accept it. And I pledge to you tonight, from this office, that I will do everything in my power to ensure that the guilty are brought to justice and that such abuses are purged from our political processes in the years to come, long after I have left this office.” The nation must allow the judicial system to do its work without interference, he says, and it must not distract the nation from “the vital work before us… at a time of critical importance to America and the world.” Nixon himself intends to return his “full attention” to the “larger duties of this office,” and allow the investigation to proceed without his direction. [White House, 4/30/1973; White House, 4/30/1973; White House, 4/30/1973; CNN, 5/20/2007]

Entity Tags: Richard M. Nixon, John Ehrlichman, John Dean, Richard Kleindienst, Committee to Re-elect the President, H.R. Haldeman, Elliot Richardson

Timeline Tags: Nixon and Watergate

President Nixon formally asks for and receives the resignations of two of his most senior advisers, H. R. Haldeman and John Ehrlichman (see April 16-17, 1973 and April 24, 1973), along with Attorney General Richard Kleindienst. In addition, he fires White House counsel John Dean, who has begun cooperating with Watergate investigators (see April 6-20, 1973).
Replacements - Kleindienst is replaced by Defense Secretary Elliot Richardson, whom Nixon tasks with the responsibility for “uncovering the whole truth” about the Watergate scandal. Richardson will be given “absolute authority” in handling the Watergate investigation, including the authority to appoint a special prosecutor to supervise the government’s case (see April 30, 1973). Dean is replaced temporarily by Nixon’s personal lawyer Leonard Garment.
Additional Resignation - Also, Gordon Strachan, the general counsel to the United States Information Agency (USIA), resigns. Strachan is a former aide to Haldeman, and, according to a USIA statement, resigned “after learning that persons with whom he had worked closely at the White House had submitted their resignations.”
Lawmakers' Comments - Senate Majority Leader Hugh Scott (R-PA) says of the resignations: “[A] lack of grace in power has led to a fall from grace. This rotten vine of Watergate has produced poisonous fruit, and all nourished by it should be cast out of the Garden of Eden.” House Minority Leader Gerald Ford (R-MI) says the resignations are “a necessary first step by the White House in clearing the air on the Watergate affair.… I have the greatest confidence in the president and I am absolutely positive he had nothing to with this mess.” Representative John Moss (D-CA) says the House must prepare itself to deal with the possibility of impeachment, but “before we even suggest impeachment, we must have the most uncontroverted evidence.” In their letters of resignation, Haldeman and Ehrlichman promise to cooperate with the Justice Department investigation of Watergate. [Washington Post, 5/1/1973]
Reaction at the Washington Post - Knight Newspapers reporter James McCartney later writes an article for the Columbia Journalism Review on the Post’s Watergate coverage, which describes the reaction in the Post offices to the news: “For a split second [executive editor] Ben Bradlee’s mouth dropped open with an expression of sheer delight.… ‘How do you like them apples?’ he said to the grinning Simons [managing editor Howard Simons]. ‘Not a bad start.’” As reporters and employees begin gathering around, Simons murmurs: “Don’t gloat. We can’t afford to gloat.” [Bernstein and Woodward, 1974, pp. 310]

Entity Tags: United States Information Agency, Richard M. Nixon, Washington Post, Richard Kleindienst, Leonard Garment, Ben Bradlee, Gerald Rudolph Ford, Jr, Gordon Strachan, John Moss, Elliot Richardson, Howard Simons, Hugh Scott, John Ehrlichman, John Dean, James McCartney, H.R. Haldeman

Timeline Tags: Nixon and Watergate

Archibald Cox.Archibald Cox. [Source: Bettmann / Corbis]Attorney General Elliot Richardson names former Solicitor General Archibald Cox as the Justice Department’s special prosecutor for Watergate. Cox is officially sworn in on May 25. [Washington Post, 2008] Cox, who served in the Kennedy administration, says: “This is a task of tremendous importance. Somehow, we must restore confidence, honor and integrity in government.” Richardson says Cox’s appointment should allay suspicions that the White House will try to influence the investigation, but, “There wasn’t going to be any influence from the White House anyway.” Cox is not Richardson’s first choice for the job. Judge Harold Tyler turned the job down, not wanting to leave the bench and unsure how much independence he would truly have in conducting the investigation. Former Deputy Attorney General Warren Christopher cited similar concerns over “the requisite independence” of the position in turning down the job. Another choice, retired judge and current Wall Street lawyer David Peck, cited “urgent commitments to clients of long standing” as his reason for not taking the post; Richardson’s fourth choice, Colorado Supreme Court Justice William Erickson, was apparently never asked to take the job. Cox is not considered the best choice by Richardson because he lacks extensive experience in criminal prosecutions; Richardson intends to name a deputy for Cox who has such experience in trial work. Cox is not related to Nixon’s son-in-law, Edward Finch Cox. [Washington Post, 5/19/1973]

Entity Tags: US Department of Justice, David Peck, Archibald Cox, Edward Finch Cox, Harold Tyler, William Erickson, Elliot Richardson, Warren Christopher

Timeline Tags: Nixon and Watergate

Washington Post headline of firings.Washington Post headline of firings. [Source: Washington Post]After Watergate special prosecutor Archibald Cox refuses President Nixon’s offer of a “compromise” on the issue of the White House tapes (see October 19, 1973), Nixon orders (through his chief of staff Alexander Haig) Attorney General Elliot Richardson to fire Cox. Richardson refuses the presidential order, and resigns on the spot. Haig then orders Deputy Attorney General William Ruckelshaus to fire Cox. Ruckelshaus also refuses, and resigns also. Haig finally finds a willing Justice Department official in Solicitor General Robert Bork, who is named acting attorney general and fires Cox. (Of the firing, Bork tells reporters, “All I will say is that I carried out the president’s directive.”) White House press secretary Ronald Ziegler announces that the Office of the Special Prosecutor has been abolished. FBI agents are sent to prevent Cox’s staff from taking their files out of their offices. Ziegler justifies the firing by saying that Cox “defied” Nixon’s instructions “at a time of serious world crisis” and made it “necessary” for Nixon to discharge him. After his firing, Cox says, “Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people.” The press dubs Cox’s firings and the abolishment of the OSP the “Saturday Night Massacre,” and the public reacts with a fury unprecedented in modern American political history. In a period of ten days, Congress receives more than a million letters and telegrams (some sources say the number is closer to three million), almost all demanding Nixon’s impeachment. Congress will soon launch an impeachment inquiry. Former Washington Post editor Barry Sussman writes in 1974 that Cox’s firing was not a result of impetuous presidential anger. Nixon had been more than reluctant to accept a special prosecutor for Watergate. Cox, named special prosecutor in the spring of 1973, had quickly earned the ire of White House officials and of Nixon himself, and by October 7, Nixon had announced privately that Cox would be fired. [Washington Post, 10/21/1973; Sussman, 1974, pp. 251; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: John Sirica, Archibald Cox, Alexander M. Haig, Jr., Barry Sussman, Federal Bureau of Investigation, Richard M. Nixon, William Ruckelshaus, John Stennis, Elliot Richardson, Robert Bork, Ron Ziegler

Timeline Tags: Nixon and Watergate

Time magazine cover featuring Leon Jaworski.Time magazine cover featuring Leon Jaworski. [Source: Time]Leon Jaworski is named the new special prosecutor for the Watergate investigation, replacing the fired Archibald Cox (see October 19-20, 1973). President Nixon also names William Saxbe as the new attorney general, replacing Elliot Richardson. [O.T. Jacobson, 7/5/1974 pdf file; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Elliot Richardson, Archibald Cox, Richard M. Nixon, William Saxbe, Leon Jaworski

Timeline Tags: Nixon and Watergate

Inslaw representatives Elliot Richardson and Donald Santarelli, a former administrator of the Law Enforcement Assistance Administration, meet with acting Deputy Attorney General Lowell Jensen to discuss a resolution of the Inslaw affair concerning the Justice Department’s alleged misappropriation of enhanced PROMIS software. Richardson and Santarelli ask for rapid talks to resolve disputes that have caused the department to withhold money from Inslaw and the company to go bankrupt, that the department consider a new proposal for work by Inslaw, and that Jensen appoint somebody to investigate Inslaw’s claims that some department officials, in particular C. Madison Brewer (see 1976 and April 1982), are biased against it. The business proposal is that Inslaw implement PROMIS in smaller US attorneys’ offices. This was originally covered by a contract between Inslaw and the department (see March 1982), but this part of the contract was terminated in 1984 (see December 29, 1983 and February 1984). [US Congress, 9/10/1992] The department rejects the proposal for additional work, but it is unclear whether the allegations against Brewer and others are investigated (see After March 13, 1985).

Entity Tags: Elliot Richardson, Donald Santarelli, Inslaw, Inc., Lowell Jensen, US Department of Justice

Timeline Tags: Inslaw and PROMIS

The Justice Department starts an internal review of the Inslaw affair, but the content of the review will be disputed. The review follows a meeting at which Inslaw representatives made three requests (see March 13, 1985): that the department negotiate on a resolution of the disputes between it and Inslaw; that it consider a new proposal made by Inslaw for additional work; and that it investigate allegations of misconduct against departmental personnel. The review is ordered by Deputy Attorney General Lowell Jensen and performed by Deputy Associate Attorney General Jay Stephens.
Jensen's Version - According to Jensen, the review is to look at the bias allegations. He will say he recalls discussing the results of Stephens’ review, adding that, based on Stephens’ assessment of the allegations, no review by the Office of Professional Responsibility is merited.
Stephens' Version - However, Stephens will tell the House Judiciary Committee under oath that he does not undertake a review of the misconduct allegations, but only looks at Inslaw’s business proposal. The committee will point out that this is in “direct contradiction” of Jensen’s version. While examining the proposal, Stephens receives several telephone calls from Inslaw attorneys Charles Work and Elliot Richardson. He feels they are lobbying the department very hard because they believe Inslaw has what the committee will call “some special relationship” with the department. According to a report by the committee, Work and Richardson attempt to convey that, “based on a longstanding relationship between the department and Inslaw, the department should look favorably on Inslaw’s new business proposal.”
Outcome of Review - However, Stephens reports to Jensen that the need for Inslaw’s business proposal is questionable and the department thinks the work can be done in-house. Jensen then writes to Richardson, saying that the department does not have an immediate need for the work, and will not act on the proposal.
Comment by House Committee - The committee will comment, “Because the department did not adequately investigate Inslaw’s allegations, the company was forced into expensive, time-consuming litigation as the only means by which the department’s misappropriation of Inslaw’s enhanced PROMIS could be exposed.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Inslaw, Inc., Elliot Richardson, Charles Work, Jay B. Stephens, Lowell Jensen

Timeline Tags: Inslaw and PROMIS

The Justice Department makes enhanced PROMIS software available at multiple locations, outside the framework of its contract with Inslaw on the application’s installation and over protests by the company. The software is first installed at 25 US attorneys’ offices in addition to 20 still covered by a contract between Inslaw and the department (see Between August 29, 1983 and February 18, 1985). According to Inslaw’s counsel Elliot Richardson, an enhanced version of the software is then illegally copied to support an additional two sites. Finally, 31 additional sites are brought on line via telecommunications. These additional, smaller US attorneys’ offices had initially been covered by the contract with Inslaw, but this portion of the contract was terminated in 1984 (see February 1984). Inslaw will repeatedly protest about this installation (see March 14, 1986), and a bankruptcy court will find it is in violation of the law (see September 28, 1987), although this ruling will be overturned (see May 7, 1991). [US Congress, 9/10/1992]

Entity Tags: Elliot Richardson, US Department of Justice, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

Elliot Richardson, an attorney acting for the software company Inslaw, writes to Attorney General Richard Thornburgh about the dispute with the Justice Department over the department’s alleged misappropriation of enhanced PROMIS software. Richardson complains about a review of the case by the Public Integrity Section (PIS), an oversight component at the department, which came down against Inslaw’s claims (see February 29, 1988). He says that there is a conflict of interest because the department is defending itself against a civil action by Inslaw while at the same time investigating itself over the allegations that form the basis of the action. If the internal investigation found wrongdoing by the department, this would destroy the department’s case in court. His view is that the department has given priority to defending itself against the civil action, not the criminal investigation of its own wrongdoing. Richardson adds that no one from the PIS has contacted him, Inslaw counsel Charles Work, some of the witnesses in the case, or Inslaw’s owners. Despite this, the owners provided the PIS with the names of 30 people who had information relevant to the investigation in December 1988. Therefore, Richardson concludes that the only solution is for the department to appoint an independent counsel. [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Elliot Richardson, Inslaw, Inc., Public Integrity Section, Richard Thornburgh

Timeline Tags: Inslaw and PROMIS

A US District Court rules that Attorney General Richard Thornburgh does not have to appoint a special prosecutor in the Inslaw affair. Inslaw’s attorney Elliot Richardson had filed the case because of a dispute with the Justice Department over allegations that the department had stolen a version of the PROMIS database and search application from the company. However, the court rules against Inslaw, stating that a prosecutor’s decision not to investigate—“no matter how indefensible”—cannot be corrected by any court. [Wired News, 3/1993]

Entity Tags: US Department of Justice, Inslaw, Inc., Elliot Richardson, Richard Thornburgh

Timeline Tags: Inslaw and PROMIS

The House Subcommittee on Economic and Commercial Law holds a hearing about the failure of Attorney General Richard Thornburgh to provide full access to all documents and records about the Inslaw case. At the hearing, Inslaw owner William Hamilton and its attorney Elliot Richardson air their complaints about an alleged criminal conspiracy in the Justice Department’s handling of a contract with Inslaw and its alleged theft of an enhanced version of the PROMIS application. Steven Ross, the general counsel to the clerk of the US House of Representatives, refutes the Justice Department’s rationale for withholding documents related to possible wrongdoing by its officials involved with the Inslaw contract. In addition, Government Accountability Office representatives describe deficiencies in the Justice Department’s Information Resources Management Office and its administration of data processing contracts.
Bason's Allegations - Judge George Bason, a bankruptcy judge who had found in favor of Inslaw in a dispute with the department (see September 28, 1987), testifies that he believes his failure to be reappointed as bankruptcy judge was the result of improper influence on the court selection process by the department because of his findings. Bason cites information provided to him by a reporter (see May 1988) and negative statements about him by departmental employees (see June 19, 1987 and June 1987 or Shortly After). After investigating these allegations, the committee will find: “The committee could not substantiate Judge Bason’s allegations. If the Department of Justice had influence over the process, it was subtle, to say the least.” Bason will point out that Norma Johnson, the judge who chaired the meeting at which he was not reappointed (see December 15, 1987), had previously worked with departmental official Stuart Schiffer, who was involved in the Inslaw case. However, the committee will comment that it has “no information that Judge Johnson talked to Mr. Schiffer about Inslaw, Judge Bason, or the bankruptcy judge selection process.”
Thornburgh's Reaction - Following this hearing, Thornburgh agrees to cooperate with the subcommittee, but then fails to provide it with several documents it wants. [US Congress, 9/10/1992]

Entity Tags: Steven Ross, William Hamilton, Richard Thornburgh, Government Accountability Office, Elliot Richardson, George Bason, House Subcommittee on Economic and Commercial Law

Timeline Tags: Inslaw and PROMIS

Inslaw counsel Elliot Richardson writes to Justice Department special counsel Judge Nicholas Bua urging further investigation into the death of reporter Daniel Casolaro (see August 10, 1991). Richardson writes: “During the three days preceding his [Casolaro’s] death he told four friends in the course of four different telephone conversations that he was about to go to West Virginia to meet someone from whom he was confident of receiving definitive proof of what had happened to the PROMIS software and to Inslaw. There is no apparent reason why Casolaro would have lied to those four friends, nor is there any apparent reason why his friends would deliberately and concertedly misrepresent what he said to them. It is not likely, on the other hand, that Casolaro had unrealistic expectations either toward the significance of the evidence he anticipated receiving or toward the prospect that it would be delivered. He had, after all, been on the Inslaw case for one year, and he was bound to know as well as any other of the investigative reporters then pursuing it that promises of hard evidence had often been made and just as often disappointed. In the light of these facts, the key question is, with whom was Danny Casolaro expecting to meet and with whom did he meet?” [US Congress, 9/10/1992]

Entity Tags: Elliot Richardson, Nicholas Bua, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

President Bush personally intervenes in a Justice Department attempt to investigate the NSA’s domestic surveillance program (see May 9, 2006), refusing to grant the Justice Department’s investigators routine security clearances so they can proceed with the investigation. Bush’s intervention is later admitted by Attorney General Alberto Gonzales in testimony before the Senate Judiciary Committee on July 18, 2006. Bush’s action to block the granting of clearances to the Justice Department’s Office of Professional Responsibility (OPR) is unprecedented, and astonishes many legal experts. As a result of his decision, the OPR has no choice but to drop the investigation (see May 9, 2006). The OPR investigation would not have determined whether the surveillance program was illegal or unconstitutional; rather, the office would have investigated “allegations of misconduct involving department attorneys that relate to the exercise of their authority to investigate, litigate, or provide legal advice,” according to the office’s policies and procedures. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006; National Journal, 3/15/2007]
Stopping Gonzales from Being Investigated - The press later learns that had the probe gone forward, Gonzales himself would have been a prime target of inquiry. It is unclear if Bush knows the OPR investigation would have focused on Gonzales. The probe would have focused on Gonzales’s role in authorizing the eavesdropping program while he was White House counsel, as well as his subsequent oversight of the program as attorney general. Before Bush shuts down the probe, OPR investigators were preparing to question two crucial witnesses—Jack Goldsmith, the former chief of the Justice Department’s Office of Legal Counsel, and James A. Baker, the counsel for the department’s Office of Intelligence Policy and Review. Both Goldsmith and Baker had raised questions about the propriety and legality of numerous aspects of the wiretapping program. The OPR would have also examined documents detailing Gonzales’s participation in the program. [National Journal, 3/15/2007]
OPR Chief Counsel Protests Decision - Upon Gonzales’s admission of Bush’s action, OPR chief counsel H. Marshall Jarrett responds: “Since its creation some 31 years ago, OPR has conducted many highly sensitive investigations involving executive branch programs and has obtained access to information classified at the highest levels. In all those years, OPR has never been prevented from initiating or pursuing an investigation.” Jarrett notes in other memos that clearances had previously been granted to lawyers and agents from the Justice Department and the FBI who were assigned to investigate the original leak of the NSA program’s existence to the media. He also writes that numerous other investigators and officials, including members of Congress and the members of a federal civil liberties board, had been granted access to or been briefed on the program. On March 21, he will write to Gonzales’s deputy, “In contrast, our repeated requests for access to classified information about the NSA program have not been granted.” Gonzales will defend the president’s decicion by saying, in a letter to Judiciary Committee Chairman Arlen Specter (R-PA), that Bush “decided that protecting the secrecy and security of the program requires that a strict limit be placed on the number of persons granted access to information about the program for non-operational reasons. Every additional security clearance that is granted for the [program] increases the risk that national security might be compromised.” In other words, granting the OPR investigators routine security clearances, as has been done countless times in the last three decades as well as in the instances noted by Jarrett, would have jeopardized national security, according to Gonzales’s reasoning. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006] “It is very difficult to understand why OPR was not given clearance so they could conduct their investigation,” Specter will say. “Many other lawyers in the Department of Justice had clearance.” [Boston Globe, 7/19/2006]
OPR Investigators Seeking Information Already in Justice Department's Possession - The questions surrounding the refusal to grant security clearances deepen when it is learned that the OPR investigators were only seeking information and documents relating to the NSA’s surveillance program that were already in the Justice Department’s possession, according to two senior government officials. The only classified information that OPR investigators were seeking was what had already been given to former Attorney General John Ashcroft, Gonzales, and other department attorneys in their original approval and advice on the program, the two senior government officials say. OPR’s request was limited to documents such as internal Justice Department communications and legal opinions, and didn’t extend to secrets that are the sole domain of other agencies. [National Journal, 5/29/2006]
OPR No; Private Citizens Yes - Jarrett will also note in his March 21 letter that, while Bush refused security clearances to OPR investigators, five “private individuals” who serve on Bush’s “Privacy and Civil Liberties Oversight Board have been briefed on the NSA program and have been granted authorization to receive the clearances in question.” Private citizens, especially those who serve only part-time on governmental panels, have traditionally been considered higher security risks than full-time government employees, who can lose their jobs or even be prosecuted for leaking to the press. Jarrett says that in contrast to the private individuals on Bush’s advisory board, OPR’s “repeated requests for access to classified information about the NSA have not been granted. As a result, this office, which is charged with monitoring the integrity of the department’s attorneys and with ensuring that the highest standards of professional ethics are maintained, has been precluded from performing its duties.” Michael Shaheen, who headed the OPR from its inception until 1997, will say that his staff “never, ever was denied a clearance” and that OPR under his leadership had conducted numerous investigations involving the activities of various attorneys general. “No attorney general has ever said no to me,” Shaheen says. [National Journal, 7/18/2006]
Inquiry Opened - The Justice Department’s inspector general, Glenn Fine, will open a preliminary inquiry into how the FBI has used the NSA’s surveillance data, which has often been obtained without judicial warrants and is considered by many legal experts to be illegal. Representative Maurice Hinchey (D-NY), who led the Congressional calls for an investigation of the NSA, says Bush’s decision is an example of “an administration that thinks it doesn’t have to follow the law.” [Washington Post, 7/19/2006] “We can’t have a president acting in a dictatorial fashion,” he says. [USA Today, 7/18/2006]
'Abusing' Their Offices? - Bruce Fein, a Republican constitutional lawyer who served in Ronald Reagan’s Justice Department, compares Gonzales unfavorably to Elliot Richardson, who resigned in 1973 rather than obey then-President Nixon’s order to fire Watergate special prosecutor Archibald Cox. “If he was like Elliot Richardson, he’d say, ‘Mr. President, I quit,’” Fein observes. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] In 2007, law professor and legal ethics expert Charles Wolfram will say that if Gonzales did not inform the president that he might be a target of the OPR investigation, then he ill-served Bush and abused “the discretion of his office” for his own benefit. However, Wolfram will continue, if Gonzales did inform Bush that the probe might harm Gonzales, then “both [men] are abusing the discretion of their offices.” [National Journal, 3/15/2007]
Defending Bush's Decision - Bush officials dismiss the attempted investigation, and the criticisms by Fein, Hinchey, and others, as politically motivated. White House press secretary Tony Snow says the NSA wiretapping program is adequately supervised by internal oversight procedures, including periodic reviews by Gonzales. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] “The Office of Professional Responsibility was not the proper venue for conducting that,” Snow says. He adds that Bush’s denial of the security clearances is warranted because “in the case of a highly classified program, you need to keep the number of people to it tight for reasons of national security, and that was what he did.” [National Journal, 3/15/2007]

Entity Tags: Maurice Hinchey, John Ashcroft, James Baker, Michael Shaheen, US Department of Justice, Office of Professional Responsibility, National Security Agency, Ronald Reagan, Jack Goldsmith, H. Marshall Jarrett, Elliot Richardson, George W. Bush, Alberto R. Gonzales, Archibald Cox, Glenn Fine, Arlen Specter, Charles Wolfram, Bruce Fein, Federal Bureau of Investigation, Senate Judiciary Committee, Tony Snow

Timeline Tags: Civil Liberties

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