Emerging details about the history of the government's domestic surveillance program, combined with a close look at the transcript of Attorney General Alberto Gonzales' testimony this week, may explain supposed discrepancies in what the attorney general said.
Democrats today called for a special prosecutor to look at whether Mr. Gonzales perjured himself in his testimony on Tuesday before the Senate Judiciary Committee.
It appears that the Terrorist Surveillance Program under dispute in 2004, and under question in Mr. Gonzales' testimony, was broader and wider than the program that is now in effect.
Sen. Dianne Feinstein, California Democrat, she thinks such a scenario is likely.
"I do believe they had a broader program," she said in an interview Tuesday.
President Bush in December 2005, 18 months after the internal disagreement over the TSP, publicly revealed that the National Security Agency was monitoring calls from suspected terrorists made to and from U.S. phone numbers.
But James Comey, the former Deputy Attorney General, told Congress in May that the TPS, at President Bush's direction, was pared down and revised in 2004 after the disagreement.
That revision was made 18 months before the president disclosed the program. That means there were likely other intelligence-gathering and surveillance measures in place in 2004 that were eliminated after the disagreement.
Those measures would no longer have been operative when the president announced the program 18 months later.
Mr. Comey was acting attorney general in March 2004, after Attorney General John Ashcroft was incapacitated in intensive care after an emergency gallbladder surgery and transferred his powers to Mr. Comey.
Mr. Comey objected to some part of the TSP on legal grounds, and on March 10, 2004, Mr. Gonzales visited Mr. Ashcroft in the hospital to see if he would take back his powers and reauthorize the intelligence-gathering activities.
Mr. Ashcroft refused, but the next day, March 11, 2004, the White House went forward with the program anyway.
Mr. Comey then decided to resign, but was persuaded to stay through the weekend.
Mr. Comey said he and FBI Director Robert Mueller went to the White House on March 12, 2004, for a regular briefing.
"As I was leaving, the president asked to speak to me, took me in his study, and we had a one-on-one meeting for about 15 minutes, again which I will not go into the substance of. There was a very full exchange," Mr. Comey said. "And at the end of that meeting, at my urging, he met with Director Mueller, who was waiting for me downstairs. He met with Director Mueller, again, privately, just the two of them. And then after those two sessions, we had his direction to do the right thing."
"We had the president's direction to do what we believed, what the Justice Department believed was necessary to put this matter on a footing where we could certify to its legality. And so we then set out to do that, and we did that," Mr. Comey said.
Justice Department spokesman Brian Roehrkasse confirmed that the TSP was pared down in 2004 from its original form.
"The disagreement that occurred in March 2004 concerned the legal basis for intelligence activities that have not been publicly disclosed and that remain highly classified," Mr. Roehrkasse said.
Mr. Gonzales, in his testimony this week, skirted a very fine line in denying that the 2004 disagreement was related to the TSP program.
Mr. Gonzales said the disagreement "was not about the Terrorist Surveillance Program that the president announced to the American people."
Mr. Gonzales also said, "The president confirmed the existence of one set of intelligence activities. ... Mr. Comey was talking about a disagreement that existed with respect to other intelligence activities."
Mr. Gonzales made several statements to this effect, also saying that "the dissent was not about the Terrorist Surveillance Program that the president confirmed."
The attorney general did make one questionable statement that was not clarified like all his other statements, under intense questioning from Sen. Chuck Schumer, New York Democrat.
"The disagreement on the 10th was about other intelligence activities," Mr. Gonzales, indicating that it was not the TSP that "the president had confirmed."
But Mr. Schumer pressed hard.
"Not about the TSP. Yes or no?" Mr. Schumer said.
"The disagreement -- the reason we had to go to the hospital had to do with other intelligence activities," Mr. Gonzales replied.
"Not the TSP? If you say it's about other, that implies not. Now say it or not," Mr. Schumer said.
"It was not. It was about other intelligence activities," Mr. Gonzales said.
-- Jon Ward, White House correspondent, The Washington Times