In sum, congressional Democrats knew about the program and knew that the dissent of the Justice Department's senior leadership in 2004 was not about warrantless surveillance. They knew that if they postured that the dissent was about warrantless surveillance, Gonzales — not an adept communicator — would not be able to rebut them in a public hearing because the details of the dispute were classified.  Congressional Democrats also knew that President Bush agreed to make changes in the program in March 2004 to assuage DOJ's concerns, and they knew that the program activities continued thereafter for a year-and-a-half (i.e., until the Times blew part of the program) without incident and with bipartisan congressional leadership continuing to be briefed.

The politicizing of the nation's security that went on here was shameful.