SMRs and AMRs

Tuesday, July 09, 2013

Questions for the F.B.I. Nominee

By COLEEN ROWLEY, NYT

APPLE VALLEY, Minn. — WHEN President Obama nominated James B. Comey to lead the F.B.I., he lauded Mr. Comey as someone who understands the challenge of “striking a balance” between security and privacy, and had been “prepared to give up a job he loved rather than be part of something he felt was fundamentally wrong.”

High praise, but was it deserved? We may find out today, when the Senate Judiciary Committee holds a hearing on his confirmation.

Mr. Comey’s reputation for courage and probity rests largely on a dramatic episode in March 2004 when he and the current F.B.I. director, Robert S. Mueller III, tried to squelch the George W. Bush administration’s warrantless wiretapping program. But that was just one night in the 20 months that Mr. Comey served as deputy attorney general.

And while it was not the only time he expressed reservations, Mr. Comey apparently did eventually sign off on most of the worst of the Bush administration’s legal abuses and questionable interpretations of federal and international law. He ultimately approved the C.I.A.’s list of “enhanced interrogation” techniques, including waterboarding, which experts on international law consider a form of torture. He defended holding an American citizen, Jose Padilla, without charges for more than three years as an “enemy combatant,” and subjecting him to interrogation without counsel to obtain information from him. (Mr. Padilla was ultimately convicted of terrorism charges in civilian court.)

Mr. Mueller and Mr. Comey famously thwarted efforts by two Bush officials, Alberto R. Gonzales and Andrew H. Card Jr., to pressure a hospitalized Attorney General John Ashcroft to sign off on Mr. Bush’s warrantless monitoring order after the Justice Department found it illegal. But within days, Mr. Mueller and Mr. Comey, having threatened to resign, spoke with Mr. Bush. Whatever assurances the president may have given them are not (and may never be) known — but we know that the surveillance program continued, perhaps with modification, and certainly without further public dissent from Mr. Mueller and Mr. Comey.

(More here.)

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