Watching Fitzgerald watch the White House

It took longer than it should have, but in 2003, then-Attorney General John Ashcroft recused himself from any involvement in Patrick Fitzgerald’s Plame investigation. Before he was confirmed by the Senate, Alberto Gonzales vowed to do the same. Deputy Attorney General James Comey, therefore, has been the Justice Department official to whom Fitzgerald answers, and to his credit, Comey has taken a hands-off approach.

Comey, however, is heading off to a lucrative gig at Lockheed Martin. To whom will Fitzgerald report now? Well, that could be a small problem.

Comey was the only official overseeing special counsel Patrick Fitzgerald’s leak investigation. With Attorney General Alberto Gonzales recused, department officials say they are still trying to resolve whom Fitzgerald will now report to. Associate Attorney General Robert McCallum is “likely” to be named as acting deputy A.G., a DOJ official who asked not to be identified because of the sensitivity of the matter tells Newsweek.

But McCallum may be seen as having his own conflicts: he is an old friend of President Bush’s and a member of his Skull and Bones class at Yale. One question: how much authority Comey’s successor will have over Fitzgerald.

And quite a question that is. Steve Soto explained a while back that McCallum, a former tobacco industry lawyer, has a colorful conservative background, in addition to his close ties to the president.

There are still plenty of uncertainties here. McCallum has not officially been tapped to replace Comey and McCallum may feel it necessary to recuse himself from the Plame probe.

Still, the situation is disconcerting, to say the least. We may soon have a close Bush ally overseeing the federal criminal investigation into the Bush White House. Insert joke about foxes and henhouses here.

Don’t know if it’s true but someone somewhere (maybe over at Kos) said that deputy AG requires senate confirmation. That may or may not be of some comfort.

  • I’m sure people will continue to find themselves availed of “lucrative” job offers as long as it has the potential to create problems for Fitzgerald.

    That’s how the machine works.

  • smiley,

    First, the “good news” is that McCallum’s job as an Assistant Attorney General for the Civil Division within the Department of Justice DOES require Senate Confirmation: see this http://www.appointee.brookings.org/resourcecenter/journalismguide.pdf for a guide to the Presidential Appointment Process prepared by the Brookings Institution and funded by the Pew Charitable Trusts. The “bad newsâ€?? He was ALREADY CONFIRMED in that position by the Senate on August 3, 2001: see page five of the Brookings Institution’s “Confirmation Scorecardâ€? for Bush appointees requiring Senate confirmation http://www.appointee.brookings.org/resourcecenter/countdowna.pdf .
    Should McCallum or some other person within the DoJ that is “in charge of� the Fitzgerald investigation gets a promotion or a new appointment that requires Senate confirmation, only then would the Senators – especially the Dems on the Judiciary Committee (the one with jurisdiction regarding DoJ appointments – get a crack at that person and their ideas on how that oversight function should be carried out.

    As for the political consequences should McCallum in fact is named to oversee Fitzgerald’s work, we can expect him to be actively hostile to that investigation. Just look at McCallum’s willingness to sabotage the DoJ’s career attorneys handling the recent RICO action against big tobacco: McCallum used his authority to cut the requested damage award by over 90% AND sought to either prevent or seriously change proposed testimony by the government’s own expert witnesses. In almost any context other than BushWorld, those actions would be called “malpractice,� “subornation of perjury,� and “obstruction of justice.�

    God help us. And we just might get that help should Bush commit a slow-motion political suicide by being foolish AND (of course) arrogant enough to force a Saturday Night Massacre Redux (for those of you too young or uniformed to remember the first “Saturday Night Massacre,� just Google that term, or Google “Archibald Cox� + “October 20, 1973�). Have fun!!

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