COMEY:
---snip---
I got out of the car and ran up -- literally ran up the stairs with my security detail.
SCHUMER: What was your concern? You were in obviously a huge hurry.
COMEY: I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that.
SCHUMER: Right,
OK. COMEY: I was worried about him, frankly.
And so I raced to the hospital room, entered. And Mrs. Ashcroft was standing by the hospital bed, Mr. Ashcroft was lying down in the bed, the room was darkened. And I immediately began speaking to him, trying to orient him as to time and place, and try to see if he could focus on what was happening, and it wasn't clear to me that he could. He seemed pretty bad off.
SCHUMER: At that point it was you, Mrs. Ashcroft and the attorney general and maybe medical personnel in the room. No other Justice Department or government officials.
COMEY:
Just the three of us at that point.
I tried to see if I could help him get oriented. As I said, it wasn't clear that I had succeeded.
I went out in the hallway.
Spoke to Director Mueller by phone. He was on his way. I handed the phone to the head of the security detail and Director Mueller instructed the FBI agents present not to allow me to be removed from the room under any cir stances. And I went back in the room.
I was shortly joined by the head of the Office of Legal Counsel assistant attorney general, Jack Goldsmith, and a senior staffer of mine who had worked on this matter, an associate deputy attorney general.
So the three of us Justice Department people went in the room. I sat down...
SCHUMER: Just give us the names of the two other people.
COMEY:
Jack Goldsmith, who was the assistant attorney general, and Patrick Philbin, who was associate deputy attorney general.
I sat down in an armchair by the head of the attorney general's bed. The two other Justice Department people stood behind me. And Mrs. Ashcroft stood by the bed holding her husband's arm. And we waited.
And it was only a matter of minutes that the door opened and in walked
Mr. Gonzales, carrying an envelope, and Mr. Card. They came over and stood by the bed. They greeted the attorney general very briefly. And then Mr. Gonzales began to discuss why they were there -- to seek his approval for a matter, and explained what the matter was -- which I will not do.
And Attorney General Ashcroft then stunned me. He lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me -- drawn from the hour-long meeting we'd had a week earlier -- and in very strong terms expressed himself, and then laid his head back down on the pillow, seemed spent, and said to them, "But that doesn't matter, because I'm not the attorney general."
SCHUMER: But he expressed his reluctance or he would not sign the statement that they -- give the authorization that they had asked, is that right?
COMEY: Yes.
And as he laid back down, he said, "But that doesn't matter, because I'm not the attorney general. There is the attorney general," and he pointed to me, and I was just to his left. The two men did not acknowledge me. They turned and walked from the room. And within just a few moments after that, Director Mueller arrived. I told him quickly what had happened. He had a brief -- a memorable brief exchange with the attorney general and then we went outside in the hallway.
SCHUMER: OK.
Now, just a few more points on that meeting.
First, am I correct that it was Mr. Gonzales who did just about all of the talking, Mr. Card said very little?
COMEY: Yes, sir.
SCHUMER: OK. And they made it clear that there was in this envelope an authorization that they hoped Mr. Ashcroft -- Attorney General Ashcroft would sign.
COMEY: In substance. I don't know exactly the words, but it was clear that's what the envelope was.