The Volokh Conspiracy - Transcript of NSA Testimony:

The transcript of the Attorney General's Senate testimony today is available at the Washington Post website in two parts: Part I and Part II.

Perhaps the most interesting aspect of the AG's testimony is his suggestion, made at various places, that there are other classified telecommunications surveillance programs beyond FISA and the NSA program. Gonzales repeatedly limited his remarks to "the program that the President has confirmed," and suggested that some of the press coverage has erroneously reported stories about other programs with this one. Consider this exchange between Gonzales and Senator Schumer:

SCHUMER: It's been reported by multiple news outlets that the former number two man in the Justice Department, the premier terrorism prosecutor, Jim Comey, expressed grave reservations about the NSA program and at least once refused to give it his blessing. Is that true?

GONZALES: Senator, here's the response that I feel that I can give with respect to recent speculation or stories about disagreements.

There has not been any serious disagreement — and I think this is accurate — there has not been any serious disagreement about the program that the president has confirmed. There have been disagreements about other matters regarding operations which I cannot get into.

I will also say...

SCHUMER: But there was some — I'm sorry to cut you off — but there was some dissent within the administration. And Jim Comey did express, at some point — that's all I asked you — some reservations.

GONZALES: The point I want to make is that, to my knowledge, none of the reservations dealt with the program that we're talking about today. They dealt with operational capabilities that we're not talking about today.
. . .

SCHUMER: It's also been reported that the head of the Office of Legal Counsel, Jack Goldsmith, respected lawyer and professor at Harvard Law School, expressed reservations about the program. Is that true?

GONZALES: Senator, rather than going individual by individual, let me just say that I think the differing views that have been the subject of some of these stories did not deal with the program that I'm here testifying about today.

SCHUMER: But you were telling us that none of these people expressed any reservations about the ultimate program, is that right?

GONZALES: Senator, I want to be very careful here, because, of course, I'm here only testifying about what the president has confirmed.

And with respect to what the president has confirmed, I do not believe that these DOJ officials that you're identifying had concerns about this program.

Any thoughts on what other programs might exist?

	[Orin Kerr, February 6, 2006 at 5:15pm] Trackbacks Transcript of NSA Testimony: The transcript of the Attorney General's Senate testimony today is available at the Washington Post website in two parts: Part I and Part II. Perhaps the most interesting aspect of the AG's testimony is his suggestion, made at various places, that there are other classified telecommunications surveillance programs beyond FISA and the NSA program. Gonzales repeatedly limited his remarks to "the program that the President has confirmed," and suggested that some of the press coverage has erroneously reported stories about other programs with this one. Consider this exchange between Gonzales and Senator Schumer: SCHUMER: It's been reported by multiple news outlets that the former number two man in the Justice Department, the premier terrorism prosecutor, Jim Comey, expressed grave reservations about the NSA program and at least once refused to give it his blessing. Is that true? GONZALES: Senator, here's the response that I feel that I can give with respect to recent speculation or stories about disagreements. There has not been any serious disagreement — and I think this is accurate — there has not been any serious disagreement about the program that the president has confirmed. There have been disagreements about other matters regarding operations which I cannot get into. I will also say... SCHUMER: But there was some — I'm sorry to cut you off — but there was some dissent within the administration. And Jim Comey did express, at some point — that's all I asked you — some reservations. GONZALES: The point I want to make is that, to my knowledge, none of the reservations dealt with the program that we're talking about today. They dealt with operational capabilities that we're not talking about today. . . . SCHUMER: It's also been reported that the head of the Office of Legal Counsel, Jack Goldsmith, respected lawyer and professor at Harvard Law School, expressed reservations about the program. Is that true? GONZALES: Senator, rather than going individual by individual, let me just say that I think the differing views that have been the subject of some of these stories did not deal with the program that I'm here testifying about today. SCHUMER: But you were telling us that none of these people expressed any reservations about the ultimate program, is that right? GONZALES: Senator, I want to be very careful here, because, of course, I'm here only testifying about what the president has confirmed. And with respect to what the president has confirmed, I do not believe that these DOJ officials that you're identifying had concerns about this program. Any thoughts on what other programs might exist?