Ashcroft Questioned on Double Standard

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Registered: 03-31-2003
Ashcroft Questioned on Double Standard
Sat, 08-07-2004 - 5:39pm
Apparently, the Justice Department has asked federal officials to keep their lips zipped if questioned about the Plame investigation, but encouraged to blab info about the Sandy Berger/National Archives investigation. Rep. Henry A. Waxman would like to know why.

ASHCROFT IS ASKED TO EXPLAIN DEPARTMNET ROLE IN BERGER CASE

By CARL HULSE

Published: August 7, 2004

WASHINGTON, Aug. 6 - A top House Democrat called on Attorney General John Ashcroft on Friday to explain why the Justice Department was letting federal officials cooperate in a Congressional inquiry into the case of Samuel R. Berger despite a current criminal investigation.

The representative, Henry A. Waxman of California, the senior Democrat on the Government Reform Committee, said the department position regarding Mr. Berger, a national security adviser to President Bill Clinton accused of mishandling classified documents, was at odds with how inquiries tied to the Bush administration had been handled.

"For example, in the investigation into the leak of the identity of covert C.I.A. agent Valerie Plame, officials have said repeatedly that they cannot comment because the matter is currently under investigation," Mr. Waxman wrote. He said the policy was "intended to maintain the integrity of the investigation and protect the individuals involved."

The panel chairman, Representative Tom Davis, Republican of Virginia, called on the National Archives and Records Administration this week to provide materials related to Mr. Berger, who has acknowledged improperly removing documents from the archives last year but has said it was inadvertent.

Among the items Mr. Davis sought were internal archives communications about Mr. Berger's actions as well as the documents that granted him access to the classified papers while he prepared for an appearance before the Sept. 11 commission.

"The unauthorized removal of such documents raises serious questions as to N.A.R.A. procedures and policies in place to protect such important records and raises specific questions as to whether the 9/11 commission received all relevant requested documents," Mr. Davis wrote in a letter on Wednesday.

Mr. Davis's determination to investigate the Berger case has created a dispute with Mr. Waxman and other Democrats. They accuse the chairman and the House Republican leadership of applying a double standard since they have rejected Democrats' calls to look into the disclosure of Ms. Plame's identity and other matters related to Iraq.

Mr. Davis and his allies reject the assertion of unfairness. A committee spokesman said the investigation of Mr. Berger's handling of the classified documents went beyond the criminal aspect into questions of security at the archives, a matter under the panel's jurisdiction.

"We are collecting information," the spokesman, Robert White, said. "If we feel a hearing is necessary, we will have one."

In his letter to the Justice Department, Mr. Waxman said the House committee staff was initially told by prosecutors and archives officials that they could not provide details of the case because of the investigation. But he said more senior department officials reversed that position after being asked to intervene by Republican committee aides.

Mr. Waxman said archives officials were scheduled to be questioned by House investigators on Wednesday and had been told they were "in no way constrained" from talking about the details with lawmakers or their aides. Mr. Waxman asked Mr. Ashcroft to explain why the prosecutors were overruled and whether he would "similarly 'clear' " officials to discuss other cases, like Ms. Plame's.

Mark Corallo, a spokesman for the Justice Department, said he could say nothing about the letter from Mr. Waxman other than "we will review Congressman Waxman's letter as we do all Congressional requests."