It’s become a staple of the Congressional hearings with Alberto Gonzales, the question: Who put the U.S. attorneys’ name on the firing list?
Sen. Dianne Feinstein (D-CA) provided a devastating rundown of the testimony from Justice Department officials, all of them disavowing having selected the names for firing. In response, Gonzales gave his usual response that he’d “approved the list that was given to me.” So, the mystery continues.
Feinstein followed up, asking Gonzales just how many U.S. attorneys he’d fired during his tenure as attorney general. Seeming flustered, Gonzales didn’t know. “There may have been others.” He said that he’d “be happy” to get back to Feinstein with the answer.
FEINSTEIN: All right. I think we’ve taken care of this.
What I’d like to establish, once and for all, is who put the names on the list to fire what are now nine U.S. attorneys.
Since you were here last, we’ve had a number of your top staff appear before us. Kyle Sampson, your former chief of staff, said, “I was the aggregator of input that came in from different sources.”
Paul McNulty said it was presented to me as here is the idea and here are the names of individuals that are being identified.
Jim Comey said, “I was not aware there was any kind of process going on.”
Bill Mercer said, “I didn’t understand there was a list. I didn’t keep a list.”
Mike Battle: “A decision was made to compile a list. It was made by someone. I had no input. Nobody asked for my input.”
Will Moschella: “Since I was not part of that process, I don’t have firsthand knowledge.”
Mike Ellston: “Kyle asked me to give him my thoughts, give him a draft list. I said, sure. I didn’t actually do it. I was very busy.”
Who approved those names?GONZALES: I ultimately approved the list of recommendations that were submitted to me. I accept responsibility.
FEINSTEIN: And how many names did you approve for firing?
GONZALES: I think, on the list that was presented…
FEINSTEIN: Oh, no — total. How many names have you approved for firing?
GONZALES: You mean total, for cause, not for cause?
I’d have to get back to you on that.FEINSTEIN: There were seven on December 7.
GONZALES: Seven on December 7.
FEINSTEIN: We’re now up to nine that we know about. How many — this is important — how many U.S. attorneys did you approve to be summarily fired?
GONZALES: Senator, there may have been others. I would be happy to get back to you with that kind of information about who has left. But I don’t know the answer to your question. But I can certainly find out.
FEINSTEIN: You don’t know, after all we’ve been through, the hearing after hearing after hearing?
GONZALES: Well, in connection with this review process that Mr. Sampson was coordinating, what was presented to me was a list of seven individuals, on December 7. And so those are the seven that I accepted the recommendation to ask for resignation.
FEINSTEIN: That’s right. But those were the ones that were called on December 7 and told to leave by January 15.
GONZALES: Yes.
FEINSTEIN: There were others also asked to resign.
GONZALES: Yes.
FEINSTEIN: And I’m asking what the total number were.GONZALES: Well, certainly, Mr. Cummins was asked to leave. Mr. Graves was asked to leave. I’m not aware, sitting here today, of any other U.S. attorney who was asked to leave, except there were some instances where people were asked to leave, quite frankly, because there was legitimate cause.
FEINSTEIN: So you’re saying these were asked to leave because the cause was not legitimate?
GONZALES: I’m not saying — no, what I’m saying is wrongdoing, misconduct. There may been some — in fact, I’m sure there were others…
FEINSTEIN: What kind of misconduct?
GONZALES: Well, for — and I’m not suggesting any of this conduct happened, but, for example, an inappropriate relationship, taking action where you have a direct conflict of interest, to help out a buddy, making a — you know, those kinds of — something like that, I would say, would constitute misconduct. And there…FEINSTEIN: Were those specific things involved in any U.S. attorney that was terminated?
LEAHY: Good question.
GONZALES: No. With respect to the seven and with respect to Mr. Cummins and with respect to Mr. Graves, I am not aware that — certainly, it wasn’t, in my mind, a problem or basis to accept the recommendation that they be asked to leave.
