GONZO DID CLAIM EXECUTIVE PRIVILEGE

Josh Marshall notes that "TPM Reader GK suggests that with a closer viewing of the testimony Gonzales actually does implicitly invoke executive privilege." and GK seems to be correct:

SEN. SCHUMER: Okay. Let me ask you this. Who sent you to the hospital?
ATTY. GEN. GONZALES: Senator, what I can say is we'd had a very important meeting at the White House over one of the most --
SEN. SCHUMER: I didn't ask that. I didn't ask for -- would you discuss the meeting --
ATTY. GEN. GONZALES: I'm answering your question, Senator --
SEN. SCHUMER: Who sent you?
ATTY. GEN. GONZALES: If I could.
SEN. SCHUMER: Did anyone tell you to go?
ATTY. GEN. GONZALES: It was one of the most important programs for the United States. It was important -- it had been authorized by the president. I'll just say that the chief of staffs of the president of the United States and the counsel of the president of the United States when to the hospital on behalf of the president of the United States.
SEN. SCHUMER: Did the president ask you to go?
ATTY. GEN. GONZALES: We were there on behalf of the president of the United States.
SEN. SCHUMER: I didn't ask you that.
ATTY. GEN. GONZALES: I can't --
SEN. SCHUMER: Did the president ask you to go?
ATTY. GEN. GONZALES: Senator, we were there on behalf of the president of the United States.
SEN. SCHUMER: Why can't you answer that question?
ATTY. GEN. GONZALES: That's the answer that I can give you, Senator.
SEN. SCHUMER: Well, can you explain to me why you can't answer it directly?
ATTY. GEN. GONZALES: Senator, again, we were there on an important program for this president -- on behalf of the president of the United States.
SEN. SCHUMER: Did you talk to the president about it beforehand?
ATTY. GEN. GONZALES: Senator, obviously there were a lot of discussions that happened during that period of time. This involved one of the president's premiere programs --
SEN. SCHUMER: I understand. But sir, you're before this committee -- you are before this committee. You're supposed to answer questions. You've not claimed any privilege. I don't think there is any here. And I asked you a question and you refuse to answer it.
ATTY. GEN. GONZALES: Senator, if --
SEN. SCHUMER: Why?
ATTY. GEN. GONZALES: I'll go -- if I can answer the question --
SEN. SCHUMER: Well, you did that --
ATTY. GEN. GONZALES: I will answer the question.
SEN. SCHUMER: I know, but could you tell me why you can't answer this question?
ATTY. GEN. GONZALES: Senator, because -- again, this relates to activities that existed when I was in the White House. And because of that, with respect to your specific questions, I will go back and see whether or not I can answer the question.

SOURCE:
Federal News Service
July 24, 2007 Tuesday
SECTION: CAPITOL HILL HEARING
LENGTH: 34041 words
HEADLINE: HEARING OF THE SENATE JUDICIARY COMMITTEE; SUBJECT: OVERSIGHT OF THE U.S. DEPARTMENT OF JUSTICE;
CHAIRED BY: SENATOR PATRICK LEAHY (D-VT);
WITNESS: ATTORNEY GENERAL ALBERTO GONZALES;
LOCATION: 226 DIRKSEN SENATE OFFICE BUILDING, WASHINGTON, D.C.