The scandal unraveling around US Attorney General Alberto Gonzales looks set to further tarnish President Bush’s image amid allegations of political interference in the administration of justice, misleading Congress, abuse of the Patriot Act and political profiling at the Department of Justice.
The political career of Mr Gonzales hangs in the balance as a growing chorus of Democrats, and so far one Republican, call for his resignation. Mr Gonzales has so far refused to step down.
Senator John Sununu (R-N.H.) became the first Congressional Republican to call for the dismissal of Mr Gonzales. “I think the President should replace him,” Senator Sununu told the Associated Press, hours after President Bush expressed confidence in Mr Gonzales.
“I do have confidence in Attorney General Al Gonzales,” President Bush said in Mexico. “I talked to him this morning, and we talked about his need to go up to Capitol Hill and make it very clear why the Justice Department made the decisions it made. And he's right. Mistakes were made. And I’m frankly not happy about it, because there is a lot of confusion over what really has been a customary practice by the presidents.”
However, while it has been a “customary practice” for incoming US Presidents to install new US attorneys across the board upon taking office, the firing of eight serving federal prosecutors by the President who appointed them is unprecedented. According to the Congressional Research Service, out of 486 US attorneys confirmed since 1981, only three have been forced out under similar circumstances.
Senator Chuck Schumer (D-N.Y.) is one of the Congressional Democrats leading the charge to demand that Mr Gonzales either resign or be fired. Senator Schumer recently detailed six ‘falsehoods’ communicated to Congress by Mr Gonzales and Department of Justice officials:
1.Department of Justice officials initially claimed that seven of the eight US attorneys were fired for performance reasons – it has now been acknowledged that they had recently received ‘glowing’ performance evaluations.
2.Mr Gonzales said that he would “never, ever make a change for political reasons” – yet there is mounting evidence that the firings were political punishments for prosecutors perceived to be “too light on Democrats or too tough on Republicans”.
3.Mr Gonzales stated that the scandal was “just an overblown personnel matter” – however, Mr Schumer says that “far from being a low-level personnel matter, this was a longstanding plan to exact political vendettas or to make political pay-offs”.
4.Congress was told that the White House was not involved in firings – yet emails released this week reveal that White House Counsel Harriet Miers (who resigned in January) had communicated extensively with Mr Gonzales’ Chief of Staff, Kyle Sampson (who resigned on Monday), in the lead up to the firings.
5.Congress was assured that President Bush’s top political advisor Karl Rove had no involvement in getting his protégé, Timothy Griffin, appointed US attorney in Arkansas – whereas one of Mr Sampson’s emails states: “Getting him, Griffin, appointed was important to Harriet, Karl, etc”.
6.Congress was told that the Patriot Act needed to be amended to “fix a legal loophole” for national security reasons, and Mr Gonzales recently told the Senate Judiciary Committee that the new provision (inserted in 2005) would not be used outside the intended emergency circumstances – however, one of Mr Sampson’s emails revealed that the Department of Justice intended to use the provision to bypass Senate confirmation to install US attorneys to replace those recently fired.
Senator Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee and a former US attorney, told PBS’s NewsHour that the conduct of the Department of Justice “smacks” of political interference and he plans to hold hearings to get to the bottom of the affair. “First of all, I want to find the facts. Then I want us to go back to the way they’re supposed to do it, that is, nominate a US attorney,” said Senator Leahy. “They come to the Senate for confirmation, and we get a chance to see whether this person is free of political motivations, but will work as a prosecutor should.”
Referring to the little-known provision in the Patriot Act, Senator Leahy added, “Here they were trying to use a loophole in the law to fire a number of people, put other people in; [this] sends a chilling effect among the US attorneys, but it also hurts the integrity and the independence of the US attorneys. People have to understand, this has hurt law enforcement, from the top all the way down, to see this kind of political interference.”
Senator Darrell Issa (R-Calif.), who serves on the House Judiciary Committee agreed, “Well, I certainly can explain that this kind of gamesmanship was not the intent under the Patriot Act that gave certain emergency powers.”
The political workings behind the purge are highlighted in Mr Sampson’s emails. In one email, he recommends retaining US attorneys “who have … exhibited loyalty to the president and attorney general”; in another, he argues that the Patriot Act should be used so that “We can get, one, our preferred person appointed and, two, do it far faster and more efficiently at less political cost to the White House.”
Democrats have also claimed that federal prosecutors were pressured to serve as political attack dogs for the White House – they claim that the fired attorneys were punished for failing to pursue cases against Democrats and succeeding in investigations of Republicans. Several of the attorneys have told Congress that they were subjected to improper pressure by Republicans regarding pending cases.
A recent study appears to confirm the practice of ‘political profiling’ and further concludes that the practice is unprecedented at the Department of Justice. Professors Donald Shields (University of Missouri, St Louis) and John Cragan (Illinois State University) found that, out of 375 candidates and elected public officials investigated during the years 2001-2006, a total of 298 (80%) were Democrats, compared to only 67 Republicans and 10 Independents.
Professors Shields and Cragan concluded that the Bush administration’s practice of political profiling has gone almost unnoticed because the cases and statistics have been localized. Their report calls for new federal laws to create a national registry of federal investigations of elected officials by party affiliation, to eliminate what they consider a political abuse of power.
Although no determinations have yet been made regarding claims of legal wrongdoing – for example, those relating to false statements made to Congress by Department of Justice officials – the latest scandal is clearly unwelcome by an increasingly beleaguered President Bush.
Critics of the Bush administration will no doubt attempt to use the emerging evidence to reinforce claims that there is a pattern of the administration playing politics – with the intelligence used to make the case for war in Iraq, with scientific research produced by US experts on climate change, and now with the federal administration of justice for its own partisan objectives.
As the White House once again swings into damage control – this time to explain the circumstances behind the firing of eight serving US attorneys – US Attorney General Alberto Gonzales may soon find that his grip on his own office is hopelessly tenuous.
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Written by Murtazin
on 4/17/2007
All, Bayou Buzz's software seems to have trouble displaying our posts in the order in which we made them. Also, displaying them in reverse order is nice if you want to see easily what's new, but bad for reading from the start. So I've tried a little remedy: In case anyone's still reading this fine thread, I've created a sort of archive of the original article plus all the comments by Paul, Sharon, and me. (I've left out the others as mostly unrelated or too snarky.) Let me know if you have any objections. You can also email me at kim@kimmccall.org if you make any other posts you want me to include right away. Thanks,
Kim
Written by Kim McCall
on 3/20/2007
Regarding your apparent belief that "Bush should ... be able to take whatever actions the Constitution gives him": As noted above, it might be illegal, if done for the wrong reasons. Also, it seems wrong if it could easily destroy both the independence of the prosecutors and the public's confidence in that independence. Subverting justice for the political convenience of the Republican Party and pretending to want Sentate confirmation while planning to bypass it are just plain unethical and deserve to be condemned by all fair-minded people.
Written by Kim McCall
on 3/20/2007
Sharon, Please be more careful about the crucial distinction between "legal" and "proper." An action can be technically legal but highly improper. Please at least admit that firing a political appointee may be perfectly proper in one circumstance, and perfectly improper, unethical, and even illegal in another. It seems to be accepted as proper for a president of one party to do it when taking over from a president of another. But if a president does it to one of his own appointees, in order to delay or obstruct a prosecution, or in order to send an intimidating message to other prosecutors, then it is both outrageously improper and destructive of the ends of justice. It is probably even illegal (see 18 U.S.C. sect. 1512(c)). Now that we've settled that, I hope, let me again implore you to answer the questions I asked a couple posts ago: Was it a good (morally respectable, not just technically legal) idea for the Bush White House to orchestrate the firing of several Bush-appointed US Attorneys who resisted pressure to politicize their prosecutorial agenda? Did it serve the ends of Justice in our country? Please, no more changing the subject or whining about possible other bad actors.
Written by Kim McCall
on 3/20/2007
That's right, Audrey. No conservative ever has a single original thought. We all get our info from Rush Limbaugh. You make too many assumptions. I listen to Rush sometimes. I don't always agree with him. I like Charles Krauthammer, Star Parker, and Kathleen Parker. I don't always agree wih them. I also listen to the other side by Begalia, Matthews, and the like. They sometimes make valid points but Matthews is so full of hate he is called the "spitter". To them any Republican Administration is corrupt and dangerous. What hypocrits they were when Reagan died especially the alphabet networks. I am sure that all will be well after the 2008 election. America will be loved by all and led by our intellectual betters. Utopia is right around the corner.
Written by Sharon
on 3/17/2007
I finally figured it out!! Sharon and Paul Marchand probably listen to the Mr. Mis-Information talk show host, Big Mouth, no credibility Rush Limbaugh....I daresay they are so brain washed they probably record his worthless radio show so that they can listen to his empty of intelligence raving and ranting just before they go to bed at night.... Get a life...Rush is really not worth even your time of the day.
I enjoyed those of you who were informed on the facts telling Sharon what she did not take the time out to research. In this case Gonzales was wrong, and he does need to be replaced. You cannot authorize this type of important job without staying on top of matters...In his interview, it was obvious by his "high pitched feminine sounding tones" that he was either lying and/or under extreme stress explaining often
in contradictory statements why and what had happened.
Just another example of the infamous Bush vendetta system at work, and as 2008 rolls along....watch out for much more of the same!
Written by Audrey George
on 3/17/2007
I finally figured it out!! Sharon and Paul Marchand probably listen to the Mr. Mis-Information talk show host, Big Mouth, no credibility Rush Limbaugh....I daresay they are so brain washed they probably record his worthless radio show so that they can listen to his empty of intelligence raving and ranting just before they go to bed at night.... Get a life...Rush is really not worth even your time of the day.
I enjoyed those of you who were informed on the facts telling Sharon what she did not take the time out to research. In this case Gonzales was wrong, and he does need to be replaced. You cannot authorize this type of important job without staying on top of matters...In his interview, it was obvious by his "high pitched feminine sounding tones" that he was either lying and/or under extreme stress explaining often
in contradictory statements why and what had happened.
Just another example of the infamous Bush vendetta system at work, and as 2008 rolls along....watch out for much more of the same!
Written by Audrey George
on 3/17/2007
If I am whining by pointing out the double standard using similar actions by both Presidents, so be it.
Written by Sharon
on 3/16/2007
Well, Mr. Marchand, you might try actually reading the article. Bush, like Clinton and Reagan before him, had already replaced nearly all 93 US Attorneys back when he came in. Then six years later, in an unprecedented move, he fired 8 of his own appointees, apparently because they (or most of them) refused to pursue unfounded partisan charges. Clinton never did anything of the sort. In the interest of justice, US Attorneys need to do their job without fear of political recrimination. Bush (or is it just Rove?) has tried to convert the justice system into an arm of the Republican Party, and that is unAmerican and unforgivable.
Written by Kim McCall
on 3/16/2007
Written by
on 3/16/2007
Kim, you need to get your facts straight. Clinton's dismissal of every US Attorney save 1 (now Secretary Chernof) was unprecedented. So was the firing of the White House Travel Office employees who had worked for several Presidents of both parties. So was his last day in office when he cut a deal with independent counsel Robert Ray that let him off the hook for criminal prsecution in several matters. Some call this a subversion of justice. He did however have the power to do this.
President Bush has the same executive powers.
President Bush did not fire all US Attorney or all of any Clinton appointees in any part of the government. Karl Rove works for Bush. It is his JOB to advise the President. Gonzales does not work for Bush and IMHO has been entirely too timid in going after people like Berger who obviously committed several crimes. Rep. Jefferson should at the very least be on trial by now. Corruption is not limited to one side. Prosecutions and sentences seem to be quite tilted. Republicans go to jail. Democrats order their staffs to make the necessary corrections to their disclosures.
Political appointees are political appointees. They serve at the "pleasure of the President". By nature this is political. They can be fired or asked to resign at any time for no reason at all. Those are the facts.
Written by Sharon
on 3/16/2007
Very interesting "facts," Sharon.
I'm not sure exactly why everybody on the right keeps comparing Bush's ethics to Clinton's (which they criticized so heavily at the time) but here we go anyway. You claim that Clinton's firing of 92 US Attorneys was unprecedented. I have here a Washington Post article that says that "Ronald Reagan replaced every sitting U.S. Attorney when he appointed his first Attorney General." (Google it.) You are entitled to your own opinions, but not to your own facts.
I was not happy with the firing of the Travel Office staff, but this hardly affected the future of justice in the US, and I fail to see how it is remotely relevant to the current discussion.
I don't know why you think a presidential pardon of a possible criminal is "unprecedented," but my point, in responding to marchand, was that firing a lot of US Attorneys in an effort to make the rest of them act like an arm of the president's party is unprecedented.
You claim that "President Bush did not fire all US Attorney (sic)." Again, you don't get to make up your own "facts." What I said was "Bush ... replaced nearly all 93 US Attorneys back when he came in." Are you denying this????? I think Rove himself said as much about a week ago. (http://www.tpmmuckraker.com/archives/002711.php)
You mention a couple of possibly bad Democrats (Berger and Jefferson). How is this relevant??? Did I claim all corruption was Republican?? I didn't, and I believe no such thing!!
You mention the "fact" that "[Political appointees] can be fired or asked to resign at any time for no reason at all." I don't deny this fact. I simply claim that firing them for a really awful reason (like not pursuing unfounded charges of voter fraud) perverts the mission and destroys the credibility of the Justice Department, sets a horrible (and unAmerican) precedent, and should be condemned by EVERYONE, especially conservatives, who are supposed to value the rule of law rather than of men. Having the legal right to do something terrible doesn't make it the right thing to do. It's still terrible and perverts justice in the US. And that's a fact worth chewing on.
Written by Kim McCall
on 3/16/2007
Sharon, why don't you give all the Clinton-related whining a rest and address the following question: Was it a good (morally respectable, not just technically legal) idea for the Bush White House to orchestrate the firing of several Bush-appointed US Attorneys who resisted pressure to politicize their prosecutorial agenda? Did it serve the ends of Justice in our country? Secondly, when I talked about respecting the rule of law, I didn't mean to imply that these firings themselves violated any law, but that they served to politicize Justice, to intimidate other Attorneys into following a partisan agenda. That is contrary the the concept of the rule of law, and it's reprehensible in the extreme.
Written by
on 3/16/2007
I'm just trying to get away from the "double standard" issue, about which we'll probably never agree, to focus on the real issue at stake here. Any chance that you could address that? Thanks, Kim
Written by Kim McCall
on 3/16/2007
The double standard is the issue. It is either legal to fire political appointees or not. If it is proper for a Democratic President; why is it a scandal for a Republican President. If Schumer can write a letter to a US Attorney demanding an explanation about the progress of a case he is interested in; then why is it improper for a Republican Senator to contact a US attorney concerning a case he is interested in? You are right. We probably will never agree. Guess Paul,Red & I are just too dumb to understand why Bush should not be able to take whatever actions the Constitution gives him. Guess we just feel that the Bush bashing has gone too far and we see a huge double standard. We probaly all wonder what it would take to make people understand that there is work to do in Washington, DC that is more important than "gotcha".
Written by
on 3/16/2007
Guess we all can find "facts" to support our points of view. I did "google", factcheck, among others and find the term "unprecedented" used by many. I am aware that Bush replaced most of the US Attorneys over time. My main point is that again the Bush Administration is and has been held to a different standard in all that they do. You probably do not agree with that (surpise) but the left and the MSM seem to believe that the same powers granted the POTUS are different for Bush than Clinton in particular. The relevance of the Travel Office is to that point. This firing was also legal, political, and had no apparent reason except for wanting to have "their people" in that office. Hardly seems fair on any account. Conservatives believe in the rule of law. No law was broken here. They serve at the "pleasure of the POTUS". Bill Clinton made a deal with the US attorney investigating HIM for possible crimes before leaving office that guaranteed him no procecution. (You can google that) THAT is the misuse of the Justice Department. I never said that Clinton could not pardon anybody he wishes. That is also powers granted him under the Constitution and he exercised them legally regardless of how any of us feel about those he pardoned before leaving office. Bush also has that power though I am sure all hell would break out if Bush pardons Libby.
Written by Sharon
on 3/16/2007
Actually it's Congressman Issa. Both California Senators are Democrats and Issa isn't one of them.
Written by David Tatelman
on 3/15/2007
The politics of fear and intimidation are powerful persuasive weapons and the Bush administration uses it with impunity. As long as we, the citizens, abandon all our common senses and allow politicians to lead us, we are condoning all their actions, however illegal such actions might be. Bush has nothing to offer the American people but fear and destruction. It is not surprising that he runs amok with his ill conceived plans.
Written by Enceef
on 3/15/2007
Duh, let's see:
Clinton, immediately after his inauguration, fires 93 US Attorneys, ALL obviously political. No matter what crucial cases they are working.
Fired. Period.
Bush, over a 2 - year period, fires 8. There may have been some politics in this, with a mixture of cause.
The Baton Rouge Advocate, as well as the usual despicable media, is calling BUSH's actions a "scandal" (see Advocate, 2A, March 14, as an example).
This is the same ridiculous perversion of scale we saw with the magnifying of Abu Ghraib (while the headchoppers were simultaneously active, but THAT was no problem).
Also, Mueller and Gonzales are held over the flame for going overboard with national security. When we get an n-bomb in Wilmington Delaware we will wish they had been MORE assertive. But, of course the usual fault-finding media will wonder why didn't somebody "do something".
Written by paul marchand
on 3/15/2007
Quite correct. Thank you, Mr Tatelman.
Written by Elaine McKewon
on 3/15/2007
I think this author needs to check his facts. Most Presidents don't fire all US attorneys when taking office. In fact it is unusual. It is not uncommon for some to be replaced from time to time during the President's term. And Politics in D.C.? How unusual is that. These were Bush appointees. They serve at "his pleasure" and he can "fire" them at his pleasure. As projected, the next too years will be filled with investigations and electioneering. So much for getting more done. Seems to me that it is the same old "gotya game" that is most important to these elected officials on both sides.
Written by Sharon
on 3/15/2007
could you write your next column about janet reno and the clintons, call it waco and white water, where are all those dismissed ags now. lewis carroll must have made an impression on you