Congressman Jerrold Nadler (NY-08), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today said reports that Attorney General Alberto Gonzales provided false, misleading and inaccurate statements to Congress make it imperative that he resign his post immediately. Today’s Washington Post reports that Gonzales misled lawmakers in 2005 when he claimed that there had been no cases of civil liberties abuses under the Patriot Act. According to the Post, in the months before he testified before Congress in April 2005 on the Patriot Act’s renewal, Gonzales was informed of numerous violations of the law and administrative rules committed by the FBI.

Congressman Nadler also called for the appointment of a Special Prosecutor to investigate the prima facie case that Gonzales provided false statements to Congress, noting that misleading Congress is a serious crime. Rep. Nadler also said the Special Prosecutor should investigate the apparent criminal violations of law by Attorney General Gonzales and others, including President Bush, by initiating the National Security Agency’s warrantless wiretapping program in violation of the criminal provisions of the Foreign Intelligence Surveillance Act. Rep. Nadler had first called for such an investigation into the wiretapping program in December, 2005.

"Attorney General Gonzales has shown an apparent reckless disregard for the rule of law and a fundamental lack of respect for the oversight responsibilities of Congress," said Rep. Nadler. "The man entrusted with enforcing our nation’s laws must also abide by them – and Mr. Gonzales has apparently failed in that duty. Providing false, misleading or inaccurate statements to Congress is a serious crime, and the man who may have committed those acts cannot be trusted to investigate himself. A Special Prosecutor is necessary to investigate this and the countless other violations of the law apparently committed by this Executive Branch."

"The Attorney General’s resignation is the only step that can help restore our confidence in the Department of Justice," Rep. Nadler added. "Our democracy is harmed when the Executive so blatantly violates our fundamental freedoms. However, if the Attorney General resigns, the Bush Administration is not absolved of its sins. Today’s report by the Washington Post is only the latest example of this Administration’s ongoing campaign to evade, ignore and undermine the Constitution. It’s clear now that this Justice Department is unable to even abide by the wide latitudes of the Patriot Act and serious change – both in the law and the leadership – is needed."

For years, Congressman Nadler has led the opposition to the pernicious elements of the Patriot Act and, specifically, has raised concerns regarding National Security Letters. During the last Congress, he introduced H.R. 2715, the Stop Self-Authorized Secret Searches Act to prevent abuses of the National Security Letter authority. He is expected to reintroduce similar legislation soon.

Rep. Nadler is also holding a series of hearings titled "The Constitution in Crisis: The State of Civil Liberties in America." In these hearings before the Subcommittee, lawmakers are examining the Bush Administration’s policies, actions and programs that threaten Americans’ fundamental constitutional rights and civil liberties.

"This issue will be part of my investigations into this Administration's lawlessness and its violations of the fundamental constitutional rights of all Americans," Rep. Nadler added. "Since this Administration seems intent on ignoring the rule of law, Congress must also revisit the Patriot Act to consider how it can be fixed to better protect our rights and liberties. I am preparing to introduce legislation to help preserve our Constitutional freedoms."