Aboard the Bush Plane [on the flight home to Texas]

At the Daily Beast, Mark McKinnon writes:

Exclusive for The Daily BeastIn a Daily Beast exclusive, a former Bush advisor files his account—and his photos—from aboard the former president’s flight back to Texas.

Knowing it would be impossible to get out of the city Tuesday morning, many of us arrived Monday night at the very funky Econo Lodge by Air Force Andrews Base. The Blair House it was not. But good to be humbled on the way out.

We jumped in a van in the morning and watched Obama’s inaugural address from the lobby at Andrews. The group of 100 or so watching, of which 100 percent were George Bush supporters, all offered their enthusiastic applause for the new commander in chief. Not to say there weren’t some critical reviews of the speech, complaints about taking unnecessary shots, and grousing about borrowed ideas, but there was an absence of malice one normally sees among the constituencies of the vanquished.

And then we all boarded the plane. Among the passengers,

longtime Bush family, friends, and staffers included the former president’s mother and father and daughters Jenna and Barbara, Karl Rove, Karen Hughes, Dan Bartlett, Josh Bolten, Joel Kaplan, Jared Weinstein, Mike Meece, Andy Card, Don and Susie Evans, Blake Gottesman, Clay and Ann Johnson, Ed Gillespie, Barry Jackson, Joe Hagin, Israel Hernandez, Jeanne Johnson Phillips, Margaret Spellings, Alberto Gonzales, Brad Freeman, Jim and Debbie Francis, and Roland and Lois Betts.



“Grateful.”

That’s the word expressed not just by former President Bush, but his staff, as well, on the last flight home aboard on what any other day of the last eight years would have been Air Force One, but today was Special Air Mission 28000.

I can only imagine the blogosphere lighting up with what will be some version of “good riddance.” But while I expected the president’s mood to be defiant, bitter, defensive, or vengeful toward his critics, he was anything but. As he toured the cabin of the airplane throughout the flight, visiting with old friends, family, and staffers, he was filled with equanimity, grace, and a generosity of spirit.

Bush has gotten to know Obama during this transition period and he has a pretty good gut for people. His gut tells him Obama has what it takes to be a successful leader.

And while I’m reluctant to quote the president directly from private conversations, I think I can fairly report that he feels a genuine warmth for President Obama. He admires his sense of family, his relaxed and easygoing nature, and his character. He has gotten to know him during this transition period and he has a pretty good gut for people. His gut tells him Obama has what it takes to be a successful leader. Not yet tested. Not yet proved he is willing to make difficult and unpopular decisions. But the potential is clearly there.

And it’s nice to see that while some partisans have yet to sheath their swords, Obama too has warmed to President Bush during this period of peaceful, diplomatic, and graceful transition. He now believes, as does anyone who knows President Bush, that he is a “good guy” and that “he made the best decisions that he could at times under some very difficult circumstances.”

I also know the Obama team has deeply appreciated the degree to which President Bush and his staff went out of their way to make for a smooth transition.



President Bush acknowledged that before Obama was even sworn in today, he knew his life had changed when his usual morning papers failed to be delivered at the White House.

About midflight, everyone gathered with President Bush in the conference room to view a moving and emotional 22-minute video produced by Scott Sforza and edited by Laura Crawford that included administration highlights and personal messages and thank-yous from staff and Cabinet members.

Mrs. Bush strolled the aisles thanking friends and staffers. The president’s father, with his walking stick, hobbled through, as well, with a familiar glint in his eye and smile at the corner of his lips. Wife Barbara padded around behind him, ever ready with a witty riposte to any and all. Karl Rove was in his usual seat in the conference room, challenging Joe Hagin and Blake Gottesman to a game of cards. And winning. Insisting they autograph the final score. And I was snapping pictures all along, inspiring Josh Bolten to declare me a “tourist.” Which I happily admitted I was and have been all along.

There was a lot of talk of old days and old times. About how eight years had flown by. About how children had grown. There was no high-fiving or celebration. And no weeping or whining. Just a quiet and friendly exchange of hugs between longtime colleagues and friends who had traveled a lot of miles together and weathered a lot storms.

And in the end, we all were simply grateful for the incredible ride.

As vice chairman of Public Strategies and president of Maverick Media, Mark McKinnon has helped meet strategic challenges for candidates, causes, and individuals, including George W. Bush, John McCain, Governor Ann Richards, Charlie Wilson, Lance Armstrong, and Bono. McKinnon is co-chair of Arts & Labs, a collaboration between technology and creative communities that have embraced today’s rich internet environment to deliver innovative and creative digital products to consumers.

UPDATE On The Use of RNC E-Mail Accounts by White House Officials

The House Committee on Oversight and Government Reform reports:

The Oversight Committee has been investigating whether White House officials violated the Presidential Records Act by using e-mail accounts maintained by the Republican National Committee and the Bush Cheney ‘04 campaign for official White House communications. This interim staff report provides a summary of the evidence the Committee has received to date, along with recommendations for next steps in the investigation.

The information the Committee has received in the investigation reveals:

The number of White House officials given RNC e-mail accounts is higher than previously disclosed. In March 2007, White House spokesperson Dana Perino said that only a “handful of officials” had RNC e-mail accounts. In later statements, her estimate rose to “50 over the course of the administration.” In fact, the Committee has learned from the RNC that at least 88 White House officials had RNC e-mail accounts. The officials with RNC e-mail accounts include Karl Rove, the President’s senior advisor; Andrew Card, the former White House Chief of Staff; Ken Mehlman, the former White House Director of Political Affairs; and many other officials in the Office of Political Affairs, the Office of Communications, and the Office of the Vice President.

White House officials made extensive use of their RNC e-mail accounts. The RNC has preserved 140,216 e-mails sent or received by Karl Rove. Over half of these e-mails (75,374) were sent to or received from individuals using official “.gov” e-mail accounts. Other heavy users of RNC e-mail accounts include former White House Director of Political Affairs Sara Taylor (66,018 e-mails) and Deputy Director of Political Affairs Scott Jennings (35,198 e-mails). These e-mail accounts were used by White House officials for official purposes, such as communicating with federal agencies about federal appointments and policies.

There has been extensive destruction of the e-mails of White House officials by the RNC. Of the 88 White House officials who received RNC e-mail accounts, the RNC has preserved no e-mails for 51 officials. In a deposition, Susan Ralston, Mr. Rove’s former executive assistant, testified that many of the White House officials for whom the RNC has no e-mail records were regular users of their RNC e-mail accounts. Although the RNC has preserved no e-mail records for Ken Mehlman, the former Director of Political Affairs, Ms. Ralston testified that Mr. Mehlman used his account “frequently, daily.” In addition, there are major gaps in the e-mail records of the 37 White House officials for whom the RNC did preserve e-mails. The RNC has preserved only 130 e-mails sent to Mr. Rove during President Bush’s first term and no e-mails sent by Mr. Rove prior to November 2003. For many other White House officials, the RNC has no e-mails from before the fall of 2006.

There is evidence that the Office of White House Counsel under Alberto Gonzales may have known that White House officials were using RNC e-mail accounts for official business, but took no action to preserve these presidential records. In her deposition, Ms. Ralston testified that she searched Mr. Rove’s RNC e-mail account in response to an Enron-related investigation in 2001 and the investigation of Special Prosecutor Patrick Fitzgerald later in the Administration. According to Ms. Ralston, the White House Counsel’s office knew about these e-mails because “all of the documents we collected were then turned over to the White House Counsel’s office.” There is no evidence, however, that White House Counsel Gonzales initiated any action to ensure the preservation of the e-mail records that were destroyed by the RNC.

The Presidential Records Act requires the President to “take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented … and maintained as Presidential records.” To implement this legal requirement, the White House Counsel issued clear written policies in February 2001 instructing White House staff to use only the official White House e-mail system for official communications and to retain any official e-mails they received on a nongovernmental account.

The evidence obtained by the Committee indicates that White House officials used their RNC e-mail accounts in a manner that circumvented these requirements. At this point in the investigation, it is not possible to determine precisely how many presidential records may have been destroyed by the RNC. Given the heavy reliance by White House officials on RNC e-mail accounts, the high rank of the White House officials involved, and the large quantity of missing e-mails, the potential violation of the Presidential Records Act may be extensive.

There are several next steps that should be pursued in the investigation into the use of RNC e-mail accounts by White House officials. First, the records of federal agencies should be examined to assess whether they may contain some of the White House e-mails that have been destroyed by the RNC. The Committee has already written to 25 federal agencies to inquire about the e-mail records they may have retained from White House officials who used RNC and Bush Cheney ’04 e-mail accounts. Preliminary responses from the agencies indicate that they may have preserved official communications that were destroyed by the RNC.

Second, the Committee should investigate what former White House Counsel Alberto Gonzales knew about the use of political e-mail accounts by White House officials. If Susan Ralston’s testimony to the Committee is accurate, there is evidence that Mr. Gonzales or counsels working in his office knew in 2001 that Karl Rove was using his RNC e-mail account to communicate about official business, but took no action to preserve Mr. Rove’s official communications.

Third, the Committee may need to issue compulsory process to obtain the cooperation of the Bush Cheney ’04 campaign. The campaign has informed the Committee that it provided e-mail accounts to 11 White House officials, but the campaign has unjustifiably refused to provide the Committee with basic information about these accounts, such as the identity of the White House officials and the number of e-mails that have been preserved.


Documents and Links
• Investigation of Possible Violations of the Presidential Records Act [.pdf]
• Deposition of Susan Ralston [.pdf]
• Errata Sheet for Deposition of Susan Ralston [.pdf]

Comey Testifies, "Bush Assured Me He'd Do The Right Thing On Warrantless Wiretaps "

CNN reports:
Former Deputy Attorney General James Comey Tuesday disclosed new information Tuesday concerning attempts by the White House to get Justice Department approval for the National Security Agency's domestic surveillance program.

Comey also said he had considered resigning after disagreements about the surveillance program.

Calling it "the most difficult time in my period of life," Comey discussed publicly for the first time a hospital visit then-White House chief of staff Andrew Card and then-White House Counsel Alberto Gonzales made to Attorney General John Ashcroft on March 10, 2004.

Ashcroft had become sick the week before, and Comey had been designated the acting attorney general.

Comey refused to say publicly that the White House officials came to the hospital to discuss the NSA program. However, government officials previously confirmed to CNN that Comey had "vigorously opposed" aspects of the surveillance program and refused to sign off on its continued use, prompting Card and Gonzales to make the hospital visit.

Comey's revelations came before the Senate Judiciary Committee as part of its investigation into the firing of eight U.S. attorneys last year.

In his testimony Tuesday, Comey recounted Ashcroft's wife calling a Justice Department official that night informing her Card and Gonzales were on their way to see him. She had banned all outside phone calls and visitors, Comey said.

He immediately headed to the hospital and soon after he got there, the White House officials entered. He said Ashcroft, who had been weak from gall bladder surgery, "very strongly expressed himself" regarding his objections to a classified program, but added that his views didn't matter because he was, temporarily, not the attorney general.

'An effort to take advantage of a very sick man'

Comey said Card and Gonzales then left the hospital room without acknowledging him.

"I was very upset. I was angry. I thought I had just witnessed an effort to take advantage of a very sick man who did not have the powers of the attorney general because they had been transferred to me. I thought he had conducted himself -- and I said to the attorney general -- in a way that demonstrated a strength that I had never seen before, but still I thought it was improper," Comey told the committee.

Comey told the committee that he and Ashcroft the week before had determined the classified program he declined to name Tuesday should not be authorized and had communicated that to the White House.

Comey said some time after the hospital visit he got a call from Card, who was very upset, asking him to come to the White House. He responded that after what he had seen, he would not meet with White House officials without a witness and said he wanted to bring Solicitor General Ted Olson.

Later that night, Comey said, he did go to the White House, but he said the issue was not resolved then.

Program authorized without Justice Department approval

Comey said the program was reauthorized the next day without a Justice Department signature, and he then prepared a letter of resignation. However, he said he did not hand that letter in because the Justice Department's chief of staff asked him to delay it until Ashcroft could also resign.

Card told CNN he had no comment on the information.

Ashcroft turned in his resignation in November 2004; Comey announced his resignation in March 2005.

The former deputy attorney general then told the committee about separate meetings he and FBI Director Robert Mueller had on March 12, 2004, with President Bush. Comey met with the president first, he said, but would not disclose what was said during their meeting.

After Mueller's session with President Bush, Mueller told Comey the president had given them "direction to do the right thing," Comey said Tuesday. "We could certify its legality and then set out to do that," he said, in reference to altering the NSA program so that it satisfied the Justice Department's requirements for legality.

Attorney General Gonzales has been accused of removing the U.S. attorneys because of partisan concerns that they were either not doing enough to prosecute Democrats on voter fraud charges or doing too much in pressing corruption charges against Republicans. The White House denied the charges.

Gonzales has appeared before the Senate and House Judiciary committees as members of Congress investigate the accusations.

Tony Snow Defends Bush Administration Pressuring Hospitalized Ashcroft On Warrantless Wiretaps Certification

The AP reports:
President Bush's warrantless wiretapping program was so questionable that a top Justice Department official refused for a time to reauthorize it, sparking a standoff with top White House officials that culminated at the bedside of an ailing attorney general, a Senate panel was told Tuesday.

Former Deputy Attorney General James Comey told the Senate Judiciary Committee that he refused to recertify the program because Attorney General John Ashcroft had reservations about its legality just before falling ill with pancreatitis in March 2004.

The White House, Comey said, recertified the program without the Justice Department's signoff, allowing it to operate for about three weeks without concurrence on whether it was legal. Comey, Ashcroft, FBI Director Robert Mueller and other Justice Department officials at one point considered resigning, Comey said.

"I couldn't stay, if the administration was going to engage in conduct that the Department of Justice had said had no legal basis," Comey told the panel.

A day after the March 10, 2004 incident at Ashcroft's hospital bedside, President Bush ordered changes to the program to accommodate the Justice Department's concerns. Ashcroft signed the presidential order to recertify the program about three weeks later.

But that resolution came after a dramatic confrontation between Comey, the acting attorney general during Ashcroft's absence, and a White House team that included Bush's then-counsel, Alberto Gonzales, and former White House Chief of Staff Andy Card, Comey said. Gonzales later succeeded Ashcroft as attorney general.

Senior government officials had expressed concerns about whether the National Security Agency, which administered the warrantless eavesdropping program, had the proper oversight in place. Other concerns included whether any president possessed the legal and constitutional authority to authorize the program as it operated at the time.

Comey testified Tuesday that when he refused to certify the program, Gonzales and Card headed to Ashcroft's sick bed in the intensive care unit at George Washington University Hospital.

When Gonzales appealed to Ashcroft, the ailing attorney general lifted his head off the pillow and in straightforward terms described his views of the program, Comey said. Then he pointed out that Comey, not Ashcroft, held the powers of the attorney general at that moment.

Gonzales and Card then left the hospital room, Comey said.

"I was angry," Comey told the panel. "I thought I had just witnessed an effort to take advantage of a very sick man who did not have the powers of the attorney general."

Comey's testimony revived one of the Bush administration's most bitter internal fights just as Gonzales appeared less under siege about the firings of several U.S. attorneys last year. As Bush has stood solidly by his longtime counselor's side; calls for Gonzales' resignation have waned in recent weeks.

Asked about Comey's testimony, White House press secretary Tony Snow said he didn't know anything about the conversation at Ashcroft's bedside. But he defended the program.

"Because he had an appendectomy, his brain didn't work?" Snow said of Ashcroft. "Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it's vital for national security and furthermore has been reformed in a bipartisan way."

Dean Boyd, a Justice Department spokesman, said he couldn't comment on "internal discussions that may or may have not taken place concerning classified intelligence activities." But he said the program succeeded in helping detect and prevent terrorist attacks and was always subject to rigorous oversight and review.

Democrats pounced on Comey's testimony as evidence of what they say is Gonzales' tendency to put loyalty to Bush ahead of most everything - including Justice's tradition of independence from the politics of the White House.

"What happened in that hospital room crystallized Mr. Gonzales' view about the rule of law: that he holds it in minimum low regard," said Sen. Chuck Schumer, D-N.Y.

Under questioning by Sen. Arlen Specter, R-Pa., Comey said he was not threatened by Vice President Dick Cheney or other White House officials who disagreed with him on the legality of the eavesdropping program.

Comey recalled that after the bedside incident he started to offer his resignation and was persuaded to wait a few days until Ashcroft could resign with him. "Mr. Ashcroft's chief of staff asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me," Comey said.

On March 12 at their daily briefing of the president, Bush asked Comey and Mueller for separate private conversations on Justice's concerns about the eavesdropping program. There, Comey said, Bush agreed 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," Comey said of the period after those private meetings. "We did that."

Through a spokeswoman, Ashcroft refused to comment. Mueller did not immediately respond to requests for comment.

White House Pressured Ashcroft On Warrantless Wiretaps

Former Deputy James Comey Says Program Implemented Despite Objections

^{Former Deputy Attorney General James Comey waits to testify on Capitol Hill in Washington, Tuesday, May 15, 2007, before the Senate Judiciary Committee hearing regarding the fired prosecutors. (AP Photo/Susan Walsh)}

The Washington Post reports:
The White House three years ago briefly implemented a classified program, parts of which the Justice Department found to be illegal, overriding the objections of top department officials after failing to get a seriously ill attorney general John D. Ashcroft to sign off on it from his hospital bed, Ashcroft's former deputy told a Senate panel today.

Former deputy attorney general James B. Comey testified under oath that Alberto R. Gonzales and Andrew H. Card Jr., at the time President Bush's White House counsel and chief of staff respectively, went to see Ashcroft in intensive care at George Washington University Hospital in March 2004 in an effort to "do an end run" around Comey, who was then acting attorney general, and obtain recertification of the highly sensitive program. Under the presidential directive then in effect, the legality of the program was to be certified by the Justice Department every 45 days.

Comey declined to identify the program, but members of the Senate Judiciary Committee indicated at today's hearing that it was the National Security Agency's controversial warrantless eavesdropping effort that the White House called the "terrorist surveillance program."

The secret program was authorized by Bush shortly after the Sept. 11, 2001, terrorist attacks to monitor communications between suspects abroad and persons in the United States without obtaining warrants from a special court under provisions of the Foreign Intelligence Surveillance Act. The program came to light in late 2005.

In January, Gonzales, who succeeded Ashcroft as attorney general in February 2005, informed the Senate that Bush would not reauthorize the program but would submit electronic surveillance requests for approval by the Foreign Intelligence Surveillance Court.

In his testimony today, Comey described publicly for the first time the tense confrontation between the White House and the Justice Department over the program in 2004, a dispute that he said was settled when Bush was confronted with the imminent prospect of mass resignations, including those of Ashcroft and Comey.

He said he had been angered by the visit of Gonzales and Card to Ashcroft's hospital room after the Justice Department had refused to recertify the program for reasons that he declined to explain publicly.

"I was very upset," Comey told the committee. "I was angry. I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me."

The testimony appeared to add more fuel to calls for the resignation of Gonzales, who is under fire for the controversial dismissals last year of nine U.S. attorneys. At today's hearing, Sen. Arlen Specter (R-Pa.), the only Republican present, joined Democrats in saying he was troubled by the testimony and that he thought Gonzales should step down.