So much for an independent DoJ

April 20, 2007

Late in the day yesterday, after hours of hearings, Alberto Gonzales faced some fascinating questions from Sen. Sheldon Whitehouse (D-R.I.). It’s a shame it was largely lost in the shuffle, because one of their exchanges was of particular interest.

Whitehouse began by finding some common ground with Gonzales. “I assume that we can agree with the proposition that in the enforcement of the laws the Department of Justice should be independent,” Whitehouse said. “Yes, sir,” Gonzales responded. “Can we also agree that one of the institutions of government that the Department of Justice needs to be independent from, in the enforcement of the laws is the White House?” Whitehouse asked. “No question about it, Senator,” Gonzales said.

“And, indeed, over long history there have been concerns about influence from the White House to the Department of Justice, and people, indeed members of this committee, have expressed concern about the White House-Justice connection over many years. Is that not also correct?” Whitehouse asked. “I think that’s a legitimate concern,” Gonzales responded. “I think that’s very important.”

As Slate’s Dahlia Lithwick explained, that’s when it got interesting.

One of the finest moments comes when Sen. Sheldon Whitehouse, D-R.I., busts out a big, big chart. Which happens after almost everyone has gone home. The chart compares the Clinton protocol for appropriate contacts between the White House and the DoJ on pending criminal cases with the Bush protocol. According to Whitehouse, the Clinton protocol authorized just four folks at the White House to chat with three folks at Justice. The chart had four boxes talking to three boxes.

Out comes the Bush protocol, and now 417 different people at the White House have contacts about pending criminal cases with 30-some people at Justice. You can just see zillions of small boxes nattering back and forth. It seems that just about everyone in the White House, including the guys in the mailroom, had a vote on ongoing criminal matters.

Sen. Pat Leahy, D-Vt., calls this “the most astounding thing” he’s seen in 32 years.

As Kevin Drum asked, “Gee, I wonder why the Bush White House feels the need to exercise such tight control over the Justice Department’s handling of criminal cases? Hmmm. Any ideas?”

TP has the video. Take a look; it’s hilarious.

Well, I might disagree with the “hilarious” part, but it certainly was illuminating in a pretty stark way. If nothing else, it makes it nearly impossible to believe that the DOJ was not well on the way to becoming an active political arm of the White House. It started at the top, and was working its way down the chain, in a coordinated effort to ensure the GOP hold on power.

It is truly beyond comprehension that we have a president whose ramblings are nearly incoherent, a vice president who has lost complete touch with reality, an Attorney General whose obsequiousness is exceeded only by his incompetence, and we are willing to accept this because the alternatives might not even be able to make it over the low bar set by these people.

  • Gonzales: “No question about it, Senator. If you’re talking about prosecuting someone in the White House, yes, we should be independent from them when we’re making those kind of decisions.”

    Justice should be independent from the whitehouse no matter who they’re prosecuting.

    What a douchebag.

  • “What a douchebag.” About sums it up.

    I wonder if there is a box that allows Karl, in his role as political arm of the WH, to speak to Justice.

  • I’d be curious to know AG’s response after seeing the chart. Anyone have a link to the complete transcript?

    I would also have liked Whitehouse to have had a chart showing similar for Bush I and Reagan. I’m betting that their charts would have looked like the Clinton chart.

  • This is completely misleading because, you see, under the unitary executive the entire executive branch lies in the bosom of the President and so there is only a single person in both the White House and Justice Department combined that is allowed to talk about pending cases.

  • In fact, that wasn’t really Alberto Gonzales testifying at the the hearing yesterday, but an undifferentiated mass of the executive bosom.

  • Only a mean-spirited individual would want Lady Justice to remain blind. Dont forget Bush is compassionate.

  • Actually, he evaded that point as well, and when appearing to agree, instead made a slightly different point. I dont have a transcript, but what he was saying was something to the tune of ” the DOJ should be independent when investigating the white house” not, the DOJ should be independent in performing its function with minimal interference from the WH, and no political interference.

    Did anyone catch his exact response?

  • Got it :

    WHITEHOUSE (not the White House): Can we also agree that one of the institutions of government that the Department of Justice needs to be independent from, in the enforcement of the laws is the White House?

    GONZALES: No question about it, Senator. If you’re talking about prosecuting someone in the White House, yes, we should be independent from them when we’re making those kind of decisions.

    That’s NOT what the question was about at all. I would have jumped on him for that answer, but WHITEHOUSE was so caught up with making a point he didnt even notice.

    ugh…

  • I should read all the other comments first…RacerX beat me to it.

    ugh again. Back to my day job.

  • If USAs serve at “the pleasure of the president” why are potentially 500 people involved in the decision-making process? This is like one of those bad jokes about how many people it takes to change a lightbulb.

  • Aha! So Clinton did it too. The chart shows numerous contacts between the DOJ and the Clinton WH. It’s just a matter of degree with the current administration.

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