Yes - it's remarkable.
Specter: On looking at conressional intent re use of force, whether COngress intended for that resolution to carry authorization for this electronic surveillance, you said that is not something we would likely get. If this is something you couldn't likely get, then how can you say that Congress gave that authority?
Gonzales: In that press conference, I clarified that statement. The consensus was in a meeting that legislation couldn't be obtained without compromising the program.
Leahy: I think you are violating express provisions of the Act. When the admin. came to the conclusion that the congressional resolution authorizing military force against AQ where we hoped to actually catch OBL, where you came to the conclusion that it authorized warrantless wiretapping within the US. Did you reach that ocnclusion before the Senate passed authorization of military force?
Gonzales: The program was used after COngress authorized military force.
Leahy: So your answer is you didn't come to that conclusions before Sept. 14, 2001. Are you aware of anyone in the admin. who came to that conclusion before 9/14/01.
Gonzales: I have no knowledge of that.
Leahy: Did you come to the conclusion that you had to have this warrantless wiretapping to protect us before the president signed the resolution on 9/18/01?
Gonzales: We came to a conclusion that the president had the authority shortly after the congress signed resolution.
The NSA did not commence acativities before the president gave his authorization. He was advised by lawyers in admin. that he had the authority.
Leahy: So the president didn't use this until Congress gave authorization of force?
Gonzales: The NSA has other authorities. The NSA did not commence electronic surveillance that I'm discussing today until after the authorization of force was signed.
Leahy: You were WH counsel. After Ashcroft met with us,...
Gonzales: I don't know.