Today’s WaPo reports AG Gonzalez was briefed on incidents where the FBI had used its expanded powers to acquire information it was not entitled to have. Six days later, on April 27, 2005, he testified to Congress that "“There has not been one verified case of civil liberties abuse.”
In response, Rep. Jerry Nadler (D-NY) is demanding the appointment of a special prosecutor to investigate.
Issues for debate:
Was Gonzalez’ statement perjury or not? (He is very good at weaselwording – witness this exchange between Gonzalez and Nadler in a hearing in April 2006.)
Is appointment of a special prosecutor appropriate?
(The Independent Counsel statute expired in 1999. Patrick Fitzgerald investigated the Plame affair as a “special counsel” under a DoJ regulation – see here.)