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Gonzales: U.S.A. Review Should Have Been "More Rigorous"

The Justice Department has released Alberto Gonzales' written statement for Tuesday's hearing, which was provided today to the Senate Judiciary Committee. We've posted the entire section concerning the U.S. attorneys below.

The statement is long on promises and short on specifics, and Gonzales' narrative for how the firings occurred is a very simple one: he tasked Kyle Sampson with it, had a handful of conversations about it over the course of two years, and then eventually signed off on the firings.

Nevertheless, there are a couple of noteworthy passages.

First, Gonzales says again that (as far as he knows, at least) none of the U.S. attorneys were fired for "improper" reasons -- which would be "in order to impede or speed along particular criminal investigations for illegitimate reasons." But he says that "it is clear to me that I should have done more personally to ensure that the review process was more rigorous." That's an admission that's sure to open him up to some battering from senators on the panel.

Second, he again says that he "misspoke" at a press conference on March 13th when he said "I was not involved in any discussions about what was going on.” That statement, he says, "was too broad." He regrets the confusion, he says.

The entire thing is below....

From Gonzales' written statement for Tuesday's hearing:

First, I will address the issue of the resignations of eight of 93 U.S. Attorneys. I know this is an issue of concern to the Committee, and I want you to know that I share your commitment to bringing all of the facts to light on this matter. I hope we can make great progress on that goal today.

I also want the Committee and those U.S. Attorneys to know how much I appreciate their public service. Each is a fine lawyer and dedicated professional who gave many years of service to the Department. I apologize to them and to their families for allowing this matter to become an unfortunate and undignified public spectacle, and I am sorry for my missteps that have helped to fuel the controversy.

The Justice Department has tried to be forthcoming with the Congress and the American people about the process that led to the resignations. The Department has provided thousands of pages of internal and deliberative documents to the Congress. I consistently and voluntarily have made Justice Department officials available for interviews and hearings on this subject.

I have taken these important steps to provide information for two critical reasons: (1) I have nothing to hide, and (2) I am committed to assuring the Congress and the American public that nothing improper occurred here. The sooner that all the facts are known, the sooner we can all devote our exclusive attention to our important work – work that includes protecting the American people from the dangers of terrorism, violent crime, illegal drugs, and sexual predators. I know that the Committee must be eager to focus on those issues of great importance to the American people as well.

At this point, we can all agree that U.S. Attorneys serve at the pleasure of the President. We further should agree on a definition of what an “improper” reason for the removal of a U.S. Attorney would be. As former Acting Solicitor General and Assistant Attorney General Walter Dellinger has stated, an improper reason would be: “The replacement of one or more U.S. attorneys in order to impede or speed along particular criminal investigations for illegitimate reasons.”

I agree with that. Stated differently, the Department of Justice makes decisions based on the evidence, not whether the target is a Republican or a Democrat.

For the benefit of the Committee as well as for the American people, I would like to be abundantly clear about the decision to request the resignations of eight (of the 93) United States Attorneys – each of whom had served his or her full four-year term of office:

I know that I did not, and would not, ask for a resignation of any individual in order to interfere with or influence a particular prosecution for partisan political gain.

I also have no basis to believe that anyone involved in this process sought the removal of a U.S. Attorney for an improper reason.

These facts have been made clear through the testimony of Justice Department officials who have appeared before the Congress, as well as by the thousands of pages of internal documents that the Department of Justice has released. Based upon the record as I know it, it is unfair and unfounded for anyone to conclude that any U.S. Attorney was removed for an improper reason. Our record in bringing aggressive prosecutions without fear or favor and irrespective of political affiliations – a record I am very proud of – is beyond reproach.

While reasonable people may dispute whether or not the actual reasons for these decisions were sufficient to justify a particular resignation, again, there is no factual basis to support the allegation, as many have made, that these resignations were motivated by improper reasons. As this Committee knows, however, to provide more certainty, I have asked the Justice Department’s Office of Professional Responsibility (OPR) to investigate this matter. Working with the Department’s Office of Inspector General (OIG), these non-partisan professionals will complete their own independent investigation so that the Congress and the American people can be 100 percent assured of the facts.

The Committee should also know that, to ensure the independence and integrity of these investigations, and the investigations of congressional committees, I have not spoken with nor reviewed the confidential transcripts of any of the Department of Justice employees interviewed by congressional staff. I state this because, as a result, I may be somewhat limited when it comes to providing you with all of the facts that you may desire. I hope you understand that, to me, it was absolutely essential that the investigative work proceeds in a manner free of any complications by my efforts to prepare for this testimony.

While I firmly believe that these dismissals were appropriate, I have equal conviction that the process by which these U.S. Attorneys were asked to resign could have – and should have – been handled differently.
I made mistakes in not ensuring that these U.S. Attorneys received more dignified treatment. Others within the Department of Justice also made mistakes. As far as I know, these were honest mistakes of perception and judgment and not intentional acts of misconduct. The American public needs to know of the good faith and dedication of those who serve them at the Department of Justice.

As I have stated before, I want to be as crisp and clear as I can be with the Committee about the facts of my involvement in this matter as I recall them.

The Coordination Process

Shortly after the 2004 election and soon after I became Attorney General, my then-deputy-chief-of-staff Kyle Sampson told me that then-Counsel to the President Harriet Miers had inquired about replacing all 93 U.S. Attorneys. Mr. Sampson and I both agreed that replacing all 93 U.S. Attorneys would be disruptive and unwise. However, I believed it would be appropriate and a good management decision to evaluate the U.S. Attorneys and determine the districts where a change may be beneficial to the Department.

I delegated the task of coordinating a review to Mr. Sampson in early 2005. Mr. Sampson is a good man and was a dedicated public servant. I believed that he was the right person (1) to collect insight and opinions, including his own, from Department officials with the most knowledge of U.S. Attorneys and (2) to provide, based on that collective judgment, a consensus recommendation of the Department’s senior leadership on districts that could benefit from a change.

I recall telling Mr. Sampson that I wanted him to consult with appropriate Justice Department senior officials who would have the most relevant knowledge and information about the performance of the U.S. Attorneys. It was to be a group of officials, including the Deputy Attorney General, who were much more knowledgeable than I about the performance of each U.S. Attorney. I also told him to make sure that the White House was kept informed since the U.S. Attorneys are presidential appointees.

Mr. Sampson periodically updated me on the review. As I recall, his updates were brief, relatively few in number, and focused primarily on the review process itself. During those updates, to my knowledge, I did not make decisions about who should or should not be asked to resign.

For instance, I recall two specific instances when Mr. Sampson mentioned to me that Harriet Miers had asked about the status of the Department’s evaluation of U.S. Attorneys.

I also recall Mr. Sampson mentioning Assistant Attorney General Rachel Brand as a possible candidate to be U.S. Attorney if a vacancy were to occur. I am not sure he mentioned a specific district, but it may have been Michigan. I do not recall my response, nor when it happened. But I do recall thinking I did not want to lose Ms. Brand as head of Legal Policy. I also recall Mr. Sampson mentioning career prosecutor Deborah Rhodes for San Diego in the event of a vacancy. I do not recall my response or any other discussion. Nor do I recall the timing of when this was raised with me. Although these names were mentioned to me, I do not recall making any decision, either on or before December 7, 2006, about who should replace the U.S. Attorneys who were asked to resign that day.

Near the end of the process, as I have said many times, Kyle Sampson presented me with the final recommendations, which I approved. I did so because I understood that the recommendations represented the consensus of senior Justice Department officials most knowledgeable about the performance of all 93 U.S. Attorneys. I also remember that, at some point in time, Mr. Sampson explained to me the plan to inform the U.S. Attorneys of my decision.

*******

I believed the process that Mr. Sampson was coordinating would produce the best result by including those senior Justice Department officials with the most knowledge about this matter. As in other areas of the Department’s work – whether creating a plan to combat terrorism or targeting dangerous drugs like methamphetamine – my goal was to improve the performance of the Justice Department. And as in other areas of the Department’s work, I expected a process to be established that would lead to recommendations based on the collective judgment and opinions of those with the most knowledge within the Department.

In hindsight, I would have handled this differently. As a manager, I am aware that decisions involving personnel are some of the most difficult and challenging decisions one can make. United States Attorneys serve at the pleasure of the President, but looking back, it is clear to me that I should have done more personally to ensure that the review process was more rigorous, and that each U.S. Attorney was informed of this decision in a more personal and respectful way.

I also want to address suggestions that I intentionally made false statements about my involvement in this process. These suggestions have been personally very painful to me. I have always sought the truth. I never sought to mislead or deceive the Congress or the American people about my role in this matter. I do acknowledge however that at times I have been less than precise with my words when discussing the resignations.

For example, I misspoke at a press conference on March 13th when I said that I “was not involved in any discussions about what was going on.” That statement was too broad. At that same press conference, I made clear that I was aware of the process; I said that “I knew my chief of staff was involved in the process of determining who were the weak performers. Where were the districts around the country where we could do better for the people in that district, and that’s what I knew.” Of course, I knew about the process because of, at a minimum, these discussions with Mr. Sampson. Thus, my statement about “discussions” was imprecise and overbroad, but it certainly was not in anyway an attempt to mislead the American people.

I certainly understand why these statements generated confusion, and I regret that. I have tried to clarify my words in later interviews with the media, and will be happy to answer any further questions the Committee may have today about those statements.

It is said that actions speak louder than words. And my actions in this matter do indeed show that I have
endeavored to be forthcoming with the Congress and the American people.

I am dedicated to correcting both the management missteps and the ensuing public confusion that now surrounds what should have been a benign situation. For example:

In recent weeks I have met personally with more than 70 U.S. Attorneys around the country to hear their concerns and discuss ways to improve communication and coordination between their offices and Main Justice.
These discussions have been frank, and good ideas are coming out, including ways to improve communication between the Department and their offices so that every United States Attorney can know whether their performance is at the level expected by the Attorney General and the Deputy Attorney General. Additionally, I have asked the members of the Attorney General’s Advisory Committee of United States Attorneys to present to me recommendations on formal and informal steps that we can take to improve communication.

During these meetings I am also sharing with the U.S. Attorney community several key messages that I wish to also share with the Committee:

First, the process of selecting U.S. Attorneys to be asked to resign, while not improper, should have been more rigorous and should have been completed in a much shorter period of time.

Second, every U.S. Attorney who was asked to resign – Dan Bogden, Margaret Chiara, Paul Charlton, David Iglesias, Carol Lam, John McKay, Kevin Ryan, and Bud Cummins – served honorably, and they and their families made sacrifices in the name of public service. The Justice Department owes them more respect than they were shown. In some cases, Department leaders should have worked with them to make improvements where they were needed. In all cases, I should have communicated the concerns more effectively, and I should have informed them of my decisions in a more dignified manner. This process could have been handled much better and for that I want to apologize publicly.

And third, I am also telling our 93 U.S. Attorneys that I look forward to working with them to pursue the great goals of our Department in the weeks and months to come. I have told them that I expected all of them to continue to do their jobs in the way they deem best and without any improper interference from anyone. Likewise, in those offices where U.S. Attorneys have recently departed, I emphasized the need to continue to aggressively investigate and prosecute all matters – sensitive or otherwise – currently being handled by those offices.

I wish to extend that sentiment to the Committee as well. During the past two years, we have made great strides in securing our country from terrorism, protecting our neighborhoods from gangs and drugs, shielding our children from predators and pedophiles, and protecting the public trust by prosecuting public corruption. Recent events must not deter us from our mission. I ask the Committee to join me in that commitment and that re-dedication.

We must ensure that all the facts surrounding the situation are brought to full light. It is my sincere hope that today’s hearing brings us closer to a clearing of the air on the eight resignations.

That is why I intend to stay here as long as it takes to answer all of the questions the Committee may have about my involvement in this matter. I want this Committee to be satisfied, to be fully reassured, that nothing improper was done. I want the American people to be reassured of the same.


41 Comments

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"Second, he again says that he "misspoke" at a press conference"

Misspoke = lying. He lied to Congress and he should be prosecuted for his lie. I am getting really tired of all the neocon trolls saying that he did nothing wrong, that it is the president's privilege to fire a US Attorney whenever he wants. But if he is firing them to prevent them from prosecuting a Republic, that becomes obstruction of justice which, I do believe, is a crime. The Bush crime family is imploding. More to come tomorrow....

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I guess Abu forgot about the email Kyle sent on January 9, 2005 in response to a question from Karl. A couple of relevant sections:

Subject: RE: Question from Karl Rove

Judge and I discussed briefly a couple of weeks ago.

...snip...

3. As an operational matter, we would like to replace 15-20 percent of the current U.S. Attorneys -- the underperforming ones. (This is a rough guess; we might want to consider doing performance evaluations after Judge comes on board.)

...snip...

That said, if Karl thinks there would be the political will to do it, then so do I.

It looks like "Judge" (who is obviously Abu himself) forgot he discussed Karl Rove's question with Kyle Sampson and now only remembers that Harriet Miers was asking this question. Well, that session sure should be interesting to watch.

And ha-ha! My code is "blood" which is what I picture will be from Abu after his day in front of the Congress.

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The review of USAs was very rigorous and consisted of one qualification, which was, could these USAs be counted on to be loyal to the Bush administration, the GOP and the other crooks and liars carving up our nation for their own benefit.

This is like the 10nt smoking gun, any one of which should be grounds for impeachment of Bush, the neocons and the GOP.

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Mr Gonzales - based on your definition of "improper" when will your office investigate Heather Wilson and Domenici?

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One of the words used in relation to the attorneys is "underperforming." Here, again, we have an AG who is apparently underperforming. Underperforming in his management of the Justice Department. Even if we find nothing outwardly nefarious in the USA Replacement Project, at a minimum, the installation of inexperienced, green lawyers into high offices within the DOJ shows us that Abu, and the Bush administration, value party credentials over experience and dedication to the good of the country. Let's not forget Brownie. We have a whole DOJ full of Brownies, in over their heads. Or, like Goodling, weaned on Pat Robertson christopolitics, and willing to overlook questionable ethics requests for "the greater good." And, by the way, easy to be used by RoveCo, which is what happened here, in my estimation.

Code: Story.

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I can't wait to hear them ask Gonzalez about the revelations in the Albo Journal article.

"Did Domenici ask you to fire Iglesias? Did you refuse? What changed after October 15?"

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V\As former Acting Solicitor General and Assistant Attorney General Walter Dellinger has stated, an improper reason would be: “The replacement of one or more U.S. attorneys in order to impede or speed along particular criminal investigations for illegitimate reasons.”

Or (I think he'd have to admit) punishing a USA who failed to bend to pressure to "impede or speed along etc". Which, given what we know about the Iglesias situation, is *exactly* what happened. We can be pretty sure that Lam was dismissed to end the investigation into the administration (and more documents will shed more light), but at this point there is no reasonable alternative explanation for the canning of Iglesias (at least, one that takes into account all of the evidence).

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Why the need for recess appointments?

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In other words, the only improper reason to remove a U.S. attorney is:

“The replacement of one or more U.S. attorneys in order to impede or speed along particular criminal investigations for illegitimate reasons.”

and unless you can prove that we did that you should just shut up, even though we can't (or won't) actually tell you why these particular U. S. attorneys were removed.

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In his final paragraphs Gonzales expresses his "sincere hope" that the hearings " will bring us closer to a clearing of the air on the eight resignations" . Is he having a laugh??? If he considers the 8 "resigned", I hate to think what has happen to any USA attorney fired by the DOJ.

I love the bit where he "specifically" asks Sansom
to keep DAG McNulty and the White House in the loop. And Gonzales also ropes in Harriet Miers s being an interested party in the progress of the 'evaluations'.

Message to the faithful:
Lil Al aint going down on his lonesome!!!!!!!!boat

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Except for the all of the facts contadicting Fredo's rose-colored (and mostly not applicable) point of view everything seems honkey-dory in Bush-world:

1. Studies show that investigations are pursued against Democrats about three to four times more often than against registered Republicans.

2. Investigations against and convictions of more affluent (and statistcally white prepetators) crimes are WAY DOWN.

3. Prosectution of crimes that supress voter turn-out are WAY UP (and apparently made-up).

4. Prosectution of crimes traditionally perpettated by minorities are way up.

5. Corporations and folk that can afford to purchase for justice are getting while the common man hides beneath his bed praying that the evil (insert your favorite boogeyman her) does not come to get him.

6. Privacy Rights are all a shambles unless the e-mail originated in the presently Orwellian named White House.

7. And hey! One or two of the three or four 'tay-er-er' convictions might actually stick if openned up to judicial review.

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READ Jesselyn Radack's book "The Canary in the Coalmine; Blowing the Whistle in the Case of 'American Taliban' John Walker Lindh".

Jesselyn Radack worked int he PROA (Professional Office of Responsibility) in the EHTICS department. The PROA is completely partison now that they've cut out and fired any dissenters!

In today's WAPO, Gonzalez has called upon the PROA to investigate the purges.

He says, "I have nevertheless asked the Justice Department's Office of Professional Responsibility to further investigate this matter. Working with the department's Office of Inspector General, these nonpartisan professionals will complete their own independent investigation so that Congress and the American people can be 100 percent assured of what I believe and what the investigation thus far has shown: that nothing improper occurred."

He wants us to believe we can trust the DOJ-PROA. BEFORE you even THINK of trusting them, READ JESSELYN RADACKS BOOK and read why she BLEW the whistle in the torture case while in front of the cameras Ashcroft was saying, "We are protecting his civil rights...." (paraphrased).

I'm serious! READ the whole book and find out how the PROA covered up her emails from a court order, attacked her for speaking the truth to Newsweek, and put her on the no-fly list.

http://www.patriotictruthteller.net

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Sorry for the caps but this latest ploy by Gonzalez is another scam! And most people don't even have a clue on how polluted the PRAO is under the Bush administration.

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Does anyone else see a contradiction here?

In question is Paragraph 9 and first sentence of paragrah 10 versus the first sentence of paragraph 12.

Paragraph 9 and 10:

"I also have no basis to believe that anyone involved in this process sought the removal of a U.S. Attorney for an improper reason.

These facts have been made clear through the testimony of Justice Department officials who have appeared before the Congress..."

Paragraph 12:

"The Committee should also know that, to ensure the independence and integrity of these investigations, and the investigations of congressional committees, I have not spoken with nor reviewed the confidential transcripts of any of the Department of Justice employees interviewed by congressional staff.

How can he state something is proved based on testimony before Congress then state he has not spoken with or reviewed transcripts of interviewed staff?

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The AG still cannot explain why any US Atty was fired. No one can explain. Consensus??? Is that the reason, a concensus was reached, but why? No one, under oath or otherwise, has yet to explain why any one US Atty was fired.

Iglesias - It was alleged that he didn't prosecute enough voter fraud cases, and that he was an absentee landlord. 1. He was selected by the DOJ to lead a symposioum on how to properly investigate Voter Fraud because he had prior lead such a task force. 2. He was absent because of his Naval Reserve duties, and 'serving at the pleasure of the president' not withstanding, is not a legally fireable offence.

Don't these people know, that with mass media, internet, etc... the truth will ALWAYS come out, that it's only a matter of time, and it's better to acknowledge reality, then to try to consistently cover things up. Do they really think the american people are this fucking stupid.

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The roadmap for his testimony:

"... I have not spoken with nor reviewed the confidential transcripts of any of the Department of Justice employees interviewed by congressional staff. I state this because, as a result, I may be somewhat limited when it comes to providing you with all of the facts that you may desire. "

That's his license to answer everything with "I don't recall" (Senator Schumer notwithstanding) or "that was handled by staff" and he's not privy to what they did. Heckuva defense.

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Shorter Gonzo: "Ok, so I lied, again. But I'm telling the truth now, maybe. And I didn't do anything wrong--at the very most, I screwed around while my handpicked lieutenants did something wrong, but you can't prove that, so fuck all y'all."

Security code: snake

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OK. I'm getting a bit confused/impatient. What exactly can happen here? When will we see special prosecutors? Indictments? Trials? Convictions?

Will any of this lead to that? Right now it's all "he said/she said" and "I misspoke..." "I was not in charge..." "Pleasure of the President.." 9/11, blah, blah, blah..

The Repubs keep insisting there's no criminality. "There's no scandal here," said Sen. Jon Kyl, an Arizona Republican, on CNN's "Late Edition." Kyl said the potentially missing e-mails, sent through Republican Party accounts, were duplicates of messages already released.

We KNOW this administration lacks any ethical standards whatsoever. That's a given. I find it frustrating that while the "coverups" potentially snag a few people, the "crimes" go unpunished.

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"Sorry for the caps but this latest ploy by Gonzalez is another scam! And most people don't even have a clue on how polluted the PRAO is under the Bush administration."

Don't worry. At this point, I think the safe assumption is that every Executive Branch has been sufficiently packed with overgrown Jesus-campers or unqualified Brownie-style hacks as to never deserve the benefit of the doubt.

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I am sorry but this is just pathetic. All I can say is once again he is saying, just like Kyle Sampson, that he did not do anything wrong while sticking exactly to the plan laid out in their incriminating emails. The plan - stick to talking about the 'process' and never talk about the reasons these people USA's were chosen for firing. This group brings new meaning to the word chutzpah!

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US Attorneys, barring a few jobs at Main Justice, are THE most important political - and patronage - appointments the Attorney General makes. Doing it right is critical to the administration of federal criminal law and the enforcement of federal civil rights THROUGHOUT THE UNITED STATES.

Not even an incompetent Attorney General would fail to pay close attention to changing a large number of US Attorneys, certainly not after a close election that required the President, for the first time in his sober career, to work with an opposition legislature. (Texas doesn't count: Southern Democrat is a contradiction in terms and the legislature meets only every other year.)

Staffing the ranks of US Attorneys is a delicate balancing act. It is a mix of getting the right talent to do the job; getting talent placed so as to enhance its future utility; taking into consideration local needs and histories; acknowledging the Senate's power and patronage; and responding to the mix of criminal and civil rights issues facing each jurisdiction. From Kansas wheat fields to the Chicago Loop, from South Florida to Southern California and the Great Lakes.

I believe that Mr. Gonzales "tasked" this most essential of senior management responsibilities to his White House minder - the guy considered a stand-in for Karl Rove, Kyle Sampson - because he knew that the White House was controlling these appointments and would not look kindly on his input. He was an autopen, there for a signature.

I think that pretty much sums up why the White House put Mr. Gonzales at the Justice Department in the first place. Because even such a limited, loyal partisan like John Ashcroft wouldn't blindly play along with their electoral games.

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Is the fact that Gonzo remains in his job indicative of a death-wish on the part of the Bush regime, or that they fear he won't fall elegantly on his sword? This is truly remarkable incompetence. How can even the Bush faithful retain respect for the president. Are they all on hallucinatory drugs?

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2 things:

1.It;s interesting to lspot the key denial pattern used by all the gang in their various hearing statements.....
gee I am so sorry, mistakes, , unintentional behaviors, misinterpreted actions, heh heh heh,
don'tcha see I am really just a harmless stumble bum who wants to cooperate and clear up this unfortunate misunderstanding, so we can all just put this behind us and focus on the REALLY REALY important matters of running this agency/country/program....
( and pretty please do not look at the PATTERN of these incidents and excuses..please)

2. The most interesting interview at Law.com that Josh pointed to yesterday suggests maybe Gonzo was correct one score..if issues are indeed managed by dept. concensus ( and some of the e-mails suggest this)
then top down decisions by Gonzo may not have been done in the firings..

just saying.....

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How to address our failed policy in the Middle East?

Is impeaching Bush and Cheney the answer? Place your vote and join the discussion if you like.

http://www.dailykos.com/storyonly/2007/4/15/125413/065

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Enough! I mean it, enough already! There are so many lies and half-truths in Gonzales' statement that I am appalled at and for this man. My God, how pathetic does he think the U.S. Congress is? Does he really believe that this repetition of NOTHING will satisfy the American people that he has not broken the law, both consistently and enthusiastically? For the love of God and country, resign, Gonzales. Put yourself and the American people whom you purport to work for out of the misery, sadness, pain, and humiliation you've bestowed upon us all. I pray for your soul - you certainly are going to need it for the trangressions against humanity you've committed.

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"US Attorneys, barring a few jobs at Main Justice, are THE most important political - and patronage - appointments the Attorney General makes. Doing it right is critical to the administration of federal criminal law and the enforcement of federal civil rights THROUGHOUT THE UNITED STATES.

Not even an incompetent Attorney General would fail to pay close attention to changing a large number of US Attorneys"

---------------

Totally agree. And someone like DiFi or Schumer needs to say that explicitly and passionately on Tuesday in terms that fit into a soundbite that can be rolled out on every news program other than FoxNews. With the kicker to the comment that if the an AG isn't willing to take an active roll in the firing and highing of 10% of the country's USAs, he's neither competent nor worthy of the office.

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The man is a joke. He needs to go. Now.

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How to address our failed policy in the Middle East?

Is impeaching Bush and Cheney the answer? Place your vote and join the discussion if you like.

http://www.dailykos.com/storyonly/2007/4/15/125413/065

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The AG is insisting on making it so that the only way a US Attorney can be improperly canned is if the deciders (if it can be figured out who the deciders are) were trying to impede or speed up a criminal investigation for illegitimate reasons. The AG insists that did not happen. Simply firing a US Attorney for not pursuing an investigation - well, what does that have to do with impeding or speeding up an investigation, right? Pressuring USA's in general to prosecute doesn't apply either because the AG's office had no specific target in mind, right? They've already proven that Lam's dismissal was all about immigration - so questions about her are irrelevant, her firing had nothing to do with Dusty Foggo and Co. But I digress, it's really comical how narrowly he construes "improper" and how he will hold to that definition till his dying day, and beyond. He'll even argue it with St. Peter most likely.

code=canvas

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"At this point, we can all agree that U.S. Attorneys serve at the pleasure of the President."


Okay, they explain why the AG was allowed to fire them. Hmmm??? Still waiting for an answer....

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"I have not spoken with nor reviewed the confidential transcripts of any of the Department of Justice employees interviewed by congressional staff. I state this because, as a result, I may be somewhat limited when it comes to providing you with all of the facts that you may desire."

Right. And if you believe that, I have a beautiful ocean front bungalow right here in Phoenix to sell you. Cheap!

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"We further should agree on a definition of what an “improper” reason for the removal of a U.S. Attorney would be."

Maybe we should, but we don't. I believe the firing of the court-appointed interim United States Attorney (the only true Presidential firing) was highly improper, as were the actions leading up to it.

The attorney general asked the first interim USA to resign is position prior to the 120 term limit, so that he could make another 120 interim appointment. This was questionably legal, at best, especially since the courts were prepared to make an appointment in the absense of a Presidential nomination.

When the courts and the AG both went ahead with appointments, the President simply fired the courts' choice and recess appointed the AG's choice.

That sounds improper to me. How about you?

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Short version:

"US Attorneys, barring a few jobs at Main Justice, are THE most important...appointments the Attorney General makes....[They are] critical to the administration of federal criminal law and the enforcement of federal civil rights THROUGHOUT THE UNITED STATES.

[snip]

"I believe that Mr. Gonzales "tasked" this most essential of senior management responsibilities to his White House minder...because he knew that the White House was controlling these appointments.... He was an autopen, there for a signature."

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"the only improper reason to remove a U.S. attorney is:

“The replacement of one or more U.S. attorneys in order to impede or speed along particular criminal investigations for illegitimate reasons.”"

That is like saying that if your reasons are legit, it is ok to speed or impede!
What are the LEGITIMATE reasons to speed or impede criminal investigations?
They will be claiming that the reason were legit, but that misses the point.

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The "undignified spectacle" language comes right out of a letter (the first I think) from Kyle Sampson's lawyer to Senate Judiciary.

A new GOP TP, I reckon.

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Marple:

I think that Abu G is saying that he has not read the transcripts of the behind-closed-door interviews of DoJ personnel that have been conducted by Congressional staffers. He is therefore admitting that he has read the public testimony of McNulty, Moschella and Sampson, or has at least been "informed" of the substance of their remarks.

For him to point to that public testimony and the documents dumped thus far as "evidence" that the firings were proper is either the height of arrogance, or the height of stupidity -- or both.

The man is just too stupid to be Attorney General. Not even Ed Meese was this stupid.

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Pffft.

I've been working on this for weeks and still can't tell you why they've been fired.

Therefore they weren't fired for improper reasons.

Try again.

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improper - “The replacement of one or more U.S. attorneys in order to impede or speed along particular criminal investigations for illegitimate reasons.”

It's interesting to note that one of the examples "Where Judges Discussed Appointing or Attempted to Appoint Unacceptable Candidates" came from 1987 in Southern District of West Virginia, and it revolved around efforts "to impede or speed along particular criminal investigations for illegitimate reasons."

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"While I firmly believe that these dismissals were appropriate"


Okay, so we've established that these were in fact "dismissals". Now, where is the Presidential order?

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I'm so proud! Gonzo used a post of mine here as an outline for his prepared testimony.

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