‘He should have been more combative’

The prosecutor purge scandal claimed its fourth resignation late yesterday when Deputy Attorney General Paul McNulty stepped down, citing the financial burden of having two children in college.

Of course, given the circumstances, we know there’s a lot more to it than that. The NYT reports that McNulty, who’d been rumored to have one foot out the door for several weeks now, “had been shaken by the intensity of the storm over the removals and the sometimes sharp personal criticism directed at him from the White House and former Republican allies.”

McNulty blamed himself for failing to resist the dismissal plan when Mr. Sampson brought it to him in October 2006, according to associates. He took one prosecutor off the removal list but acquiesced to the removal of seven others, according to Congressional aides’ accounts of his private testimony to Congress on April 27. […]

Friends of Mr. McNulty said he had tried to be candid about what he knew of the removals. In his private Congressional testimony, Mr. McNulty said he did not realize until later the extensive White House involvement in Mr. Griffin’s appointment or Mr. Sampson’s nearly year-long effort to compile a list.

White House aides complained privately that Mr. McNulty’s testimony gave Democrats a significant opening to demand more testimony from the Justice Department and presidential aides. Several aides said he should have been combative in defending the dismissals.

For me, that’s the key here. The White House (and to a limited extent, Alberto Gonzales) held McNulty responsible for this scandal, almost from the outset. Because he politicized the process? Because he misled lawmakers? No, because he inadvertently told the Senate Judiciary Committee the truth, which was the opposite of what the Bush gang wanted.

When it came to the firing of Bud Cummins in Arkansas, for example, McNulty told senators it was done to make room for a Karl Rove protege, which highlighted a process the Bush gang wanted to keep secret.

During a private interview with Judiciary Committee staffers [Kyle] Sampson said three times in as many minutes that Gonzales was angry with McNulty because he had exposed the White House’s involvement in the firings — had put its role “in the public sphere,” as Sampson phrased it, according to Congressional sources familiar with the interview.

McNulty helped connect the White House to the firings — which in and of itself shouldn’t have been too big a deal, since the White House is supposed to be involved with U.S. Attorney placement. But therein lies the rub: McNulty noted reality and the Bush gang flipped out, making it rather obvious that they wanted to cover something up.

For his part, McNulty appears to have been largely out of the loop on the firings, because Gonzales preferred to bypass senior Justice Department officials and empower junior aides (like Goodling and Sampson) who would be more inclined to advance a partisan agenda. Indeed, McNulty actually tried to prevent at least one of the firings, and came clean with lawmakers about several scandal details.

“It seems ironic that Paul McNulty — who at least tried to level with the committee — goes, while Gonzales, who stonewalled the committee, is still in charge,” Sen. Chuck Schumer (D-N.Y.) said. “This administration owes us a lot better.”

Senate Dems may yet get more of the information they seek. As Tim Grieve noted, “Once he’s off the Justice Department payroll, McNulty may well find himself feeling more comfortable about telling senators what else he knows about his days on Team Gonzales.”

Stay tuned.

Multiple resignations of high level staffers (4??). Significant evasiveness and misdirection by the top guy. Staffers willing to take the 5th to avoid testimony. Immunity grants required. Nah, nothing going on here. All was done above board and within the law. No indication or evidence of any wrongdoing whatsoever.

  • Jon Stewart & Rob Riggle killed last night on The Daily Show. Their clips highlighted what a little weasel Gonzales is, and looked the world to me like an opening to an obstruction of justice case.
    The Dems need to throw a few of these (expletive deleted) in jail, and we’d start getting more of the story.

  • “The Dems need to throw a few of these (expletive deleted) in jail…”

    Nothing like some real world consequences to loosen the tongues of rogues and traitors.

  • But McNulty will be on the payroll at least for several months, or until a replacement can be named, and I think there is going to be a problem finding someone willing to take the job, who is also acceptable to the Senate.

    For me, too, the WH and Gonzales being angry about the revelation of WH involvement also telegraphed that there was something seriously wrong with the process and the decisions. Early on, great care was taken to put considerable distance between Bush and the decisions to fire these prosecutors, and only later did someone realize that if this was all supposed to be on the up-and-up, Bush had to be involved – and even more – the firing is an authority that is vested solely in the president, so in order for there not to be seen to have been a usurpation of power, Bush had to come back into the loop.

    All of that makes me suspicious that it was all done after the fact – and I wonder if perhaps Goodling’s testimony and perhaps the testimony of some of the others won’t eventually reveal that to be the case.

    As for McNulty, if he was truly being kept in the dark, I don’t know what light he’ll be able to shed on this, unless it’s to highlight how poorly the DOJ was being run.

    What a mess.

  • Another coward resigns from the Justice Department in disgrace. What an absolutely shameful malaise and mockery of “justice.” Bunch of criminals, the lot of them.

    Impeach. Them. All.

  • “But McNulty will be on the payroll at least for several months, or until a replacement can be named, and I think there is going to be a problem finding someone willing to take the job, who is also acceptable to the Senate.”

    no problem. mcnulty’s replacement will be a recess appt.

  • “Once he’s off the Justice Department payroll, McNulty may well find himself feeling more comfortable about telling senators what else he knows about his days on Team Gonzales.”

    Yeah, well maybe he was fired for not knowing more than he already told? Maybe the WH thinks he knows no more? And he was fired just as a warning to others?

  • Time for special prosecutor Patrick Fitzgerald to put on his super hero uniform and once again seek out that arch villain… “The Sandthower”.

  • While we should be glad that McNulty was forthcoming in his testimony, we should not lose sight of the fact that he is one of the kool-aid drinkers. From today’s Pittsburgh Post-Gazette comes some information on his background.

    A graduate of Baldwin High School, Grove City College and Capitol University School of Law

    Grove City College is a conservative Christian school in western Pennsylvania. This is from the Wikipedia entry on Grove City.

    The school emphasizes a humanities core curriculum, which endorses the Judeo-Christian Western tradition and the free market. While loosely associated with the Presbyterian Church (USA), the college is non-denominational and does not require students to sign a statement of faith, though they are required to attend sixteen chapel services per semester.

    Many students choose Grove City explicitly for its Christian environment and politically conservative humanities curriculum. Grove City ranks second in the Princeton Review’s The Best 361 Colleges 2007 listing of most politically conservative colleges.

    Many of you may be familiar with Grove City because of the 1984 Title IX case which Grove City lost before the US Supreme Court. Again from Wikipedia.

    Under President Dr. Charles S. MacKenzie, the college was the plaintiff-appellee in the landmark U.S. Supreme Court case in 1984, Grove City College v. Bell. The ruling came seven years after the school’s refusal to sign a Title IX compliance form, which would have subjected the entire school to federal regulations, even future ones not yet issued. The court ruled 6-3 that acceptance by students of federal educational grants did fall under the regulatory requirements of Title IX, but limited the application to the school’s financial aid department. Although the college’s materials call this a victory for the school, the Court ruled against it on two out of the three claims it advanced. In 1988, new legislation subjected every department of any educational institution that received federal funding to Title IX requirements. In response, Grove City College pulled out of the Stafford loan program entirely, and established its own loan program in association with PNC Bank. Grove City does not allow its students to accept federal financial aid of any kind, including grants, loans, and scholarships yet heavily influences local politics often determining outcomes beneficial to the campus community.

    Now let’s move on to Capital University School of Law, which I had never heard of until today. It is an evangelical Christian school in Columbus, Ohio. There is no signs of wingnuttiness on its web page, however, it isn’t exactly Yale or Georgetown. Like Regents it is a fourth tier school.
    Then there is McNulty’s work experience to consider.

    Mr. McNulty is a longtime GOP loyalist who was spokesman for House Judiciary Committee Republicans during the 1998 impeachment of then-President Bill Clinton and later directed the transition team for the new Bush administration’s Justice Department.

    Earlier this year, he scaled back tough department tactics that aimed to curb corporate fraud after the Enron-era scandals. The so-called “McNulty Memo” limited prosecutors’ ability to obtain confidential data from corporations without first receiving written approval from the department.

    It has been said that McNulty has a good relationship with Schumer which is why McNulty was forthcoming. This relationship was likely forged when Schumer served on the House Judiciary Committee and McNulty was the committee’s Republican spokesman. This raises the question of whether Schumer tricked a rather dim bulb into being truthful.

    So although McNulty came clean during his appearance before the Senate Judiciary Committee, he is still a wingnut from a fourth tier law school with an important job in the Bush justice department. If he hadn’t come clean he would simply be another example of all that is wrong with the Bush DOJ.

  • McNulty may be one of the few in the upper echelon of the DOJ to tell truthful statements or shows hints of conscience, but he is not innocent of creating a more partisan DOJ. McNulty was the guy who changed the DOJ’s Summer Law intern program and new lawyer recruitment program into the Young Bushie Club (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/27/AR2007042702190.html). He’s just not as good a liar as the others. McNulty is as guilty as anyone in criminalizing political neutrality in government.

  • If the Bush “strategy” pattern continues, we should soon see the announcement of new Attorney General, Paul Wolfowitz. Then, new world bank president, “Fredo” Gonzales. Everything about these “hearings” has amazed me, especially the transparency of Bush and Gonzales contempt for Congress. Gonzales testimony was rife with “I don’t recall”, which translates as a middle finger to all of us. Then Bush is proud that Gonzales testimony “did not reveal anything new.” How much more clearly could he say “it’s a successful cover up”?

  • Hey, you elitists. There’s nothing wrong with going to a fourth tier school. A lot of smart students without money behind them end up in these schools. Not everyone feels confident in taking on the major loans to go to a first tier school. And from my observation of the product, first tier schools are over-rated. Bush graduated from Yale.

    It isn’t where you go to school; it’s what you do after graduating. Most of the Bushies simply don’t have the experience to do the jobs they were hired for.

  • Jessica- is not that the schools are fourth tier that bothers me.. it more that they are harvested from the madrasas of the Christian right.

  • [Gobbles popcorn like…popcorn.]

    Mwahahaa. Look at the funny rats. They run, they fight over items big enough to cover their fat arses, they squeal in fright, they turn on one another as they attempt to escape the USS WhitePanic. I haven’t had so much fun watching rodents scatter turds of fear since the last big ReThuglicon scandal.

    citing the financial burden of having two children in college.

    Eh? He has two kids in college so he’s quitting his job?

    Yeah, that makes as much sense as anything else this mAdmin does.

  • Jessica, I think it is fair to say that the typical grad of Harvard Law, Yale or Georgetown are smart, high achieving individual who are well prepared for the complex jobs and demanding jobs in the DOJ. The typical grad of a fourth tier school may be smart but is unlikely to be high achieving and is well prepared for a small town practice or to serve as a school board solicitor. The problem with the Bush DOJ is that they hire atypical first tier grads and typical fourth tier grads.

    Frankly, I admire a first rate mind regardless of credentials, but it is difficult to judge the quality of persons mind without spending time with them in length discussions. Hence credentials and background become important for judging public figures. If that makes me an elitist, then I have no problem with being an elitist.

  • Rege,

    I also think it’s fair to say that the typical grad of Harvard, Yale or Georgetown comes from an affluent family with good connections.

    To automatically prefer these grads just perpetuates the two Americas.

    For someone who is the first in their family to graduate from college, going to any law school is a sign of great ambition.

  • Eh? He has two kids in college so he’s quitting his job? — TAIO, @15

    He’s been looking for a private sector job for a while. Private sector pays better than federals

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