Mr. President, I have come here today to talk about the political firings of U.S. attorneys, which I believe raises serious concerns over the administration's encroachment on the Senate's constitutional responsibilities but now I also…
Mr. President, I have come here today to talk about the political firings of U.S. attorneys, which I believe raises serious concerns over the administration's encroachment on the Senate's constitutional responsibilities but now I also believe raises serious concerns over the Attorney General's ability to serve. That is why I come here today to call for Attorney General Alberto Gonzales's resignation.
There has been a lot of attention focused on U.S. attorneys over the last couple of weeks, but this is an issue I have been involved with for the last 9 months. I first realized a problem existed in July of 2006. On February 6, 2007, I testified before the Senate Judiciary Committee. I won't repeat that testimony here, but I will focus on five facts today, and these are undisputed facts. First, based on the e- mails produced by the Department of Justice, this administration set out to fire or replace U.S. attorneys, some without cause and in some cases for suspicious reasons.
Second, this is different from anything done in previous administrations and includes putting a provision in the PATRIOT Act to carry out their scheme.
Third, it started with the White House.
Fourth, it was carried out by the Attorney General.
Fifth, the Attorney General crossed a line by putting politics above the pursuit of justice and has seriously damaged his stature and legacy in the process.
The first of these points is proven by e-mails from the Attorney General's Office and the White House. The fifth
point is evidenced by the Attorney General's statements to me, the Senate Judiciary Committee, and his public statements.
Immediately after the 2004 elections, the White House began a scheme to replace all U.S. attorneys. The Attorney General joined in that plan in early 2005 but recommended to limit the number of U.S. attorneys who would be replaced. During this process, the Attorney General identified U.S. attorneys to sacrifice to the White House demands.
In January 2006, the Attorney General sent a memorandum to the White House detailing obstacles that must be overcome before going forward with the plan. One such obstacle was the Senate. So in March 2006 the Attorney General hatched another scheme to get around Senate confirmation. During the PATRIOT Act reauthorization, the Attorney General, with the apparent purpose of replacing U.S. attorneys, had a provision slipped in during the Senate and House conference to allow the Attorney General indefinite appointment authority.
After this plan came to light, the Attorney General responded by misleading the American people. For example, in press interviews he said the Clinton administration had done something similar. That is not true. In an Attorney General memorandum dated January 9, 2006, it clearly says:
In recent memory, during the Reagan and Clinton
Administrations, Presidents Reagan and Clinton did not--
And that is underlined, did not--
seek to remove and replace U.S. Attorneys they had appointed
whose four-year terms had expired, but instead permitted such
U.S. Attorneys to serve indefinitely under the holdover
provision.
His own chief of staff has contradicted his public justification. Once the decision became apparent that they were going to push out U.S. attorneys--which, by the way, is the term the Attorney General's Office uses in the September 17, 2006, memo to the White House, that they are going to ``push out'' U.S. attorneys--there began a clear and precise method to obfuscate and delay the confirmation process by lying to home State Senators, including me. I know this because I have e-mails that lay out the game plan on how to get around Senator Blanche Lincoln from Arkansas and myself.
I have in my hand a plan to replace certain U.S. attorneys, dated November 15, 2006. This memo gives a five-step plan on how to do this and also how to talk about it.
Step No. 1 has specific talking points. Step No. 2 says to call and to contact Republican Senators. This is an important point. Step No. 2 says the U.S. attorney--on step No. 2--should make these calls. The U.S. attorney says, on December 7: very important U.S. calls and Attorney General calls happen simultaneously. Mike Battle contact the following U.S. attorneys.
So they do that, and I'm sorry, in step No. 1 they contact Jon Kyl, John Ensign, Pete Domenici. And then it says, ``the California political lead, the Michigan political lead, and the Washington political lead.''
Please notice, there are no Democrats who were contacted about this; not even a courtesy call from the White House or the Justice Department. Only calls made to Republicans. If there is not a Democratic Senator in that State it just says ``to the State's political lead.''
Clearly, this was a partisan effort on the part of Justice.
I believe the Attorney General crossed a line when they chose to go the partisan route on U.S. attorneys. Now the Attorney General states that he was unaware of all the details of their plans that were hatched by his chief of staff. I do not believe this for a minute. I know that an e-mail written on December 19, 2006, on how to get around Senator Lincoln and myself is exactly what Attorney General Alberto Gonzales said to me in a telephone conversation.
In fact, by way of background, I had called the White House and the Attorney General to ask them to please nominate a suitable nominee for U.S. attorney in Arkansas. They had canned or pushed out Bud Cummins. They were going to, or were about to, do an interim appointment for Tim Griffin. I asked them to please not do that and please send someone through the confirmation process. If it was Tim Griffin, send him through. I couldn't say I was going to vote for him, but please send him through.
The December 19, 2006, memo is very enlightening. It is from Kyle Sampson, chief of staff to Alberto Gonzales. It is to Christopher G. Oprison, apparently at the White House. Again, this is from the chief of staff of the Attorney General.
My thoughts: 1. I think we should gum this to death: ask
the Senators--
And they are talking about Senator Lincoln and myself--
ask the Senators to give Tim a chance, meet with him, give
him some time in office to see how he performs, etc. If they
ultimately say ``no, never'' (and the longer we can
forestall that the better), then we can tell them we'll
look for other candidates, ask them for recommendations,
evaluate the recommendations, interview their candidates,
and otherwise run out the clock.
This is an e-mail from the Attorney General's chief of staff to the White House.
All of this should be done in ``good faith'' of course.
When they put ``good faith'' in quotes, that tells me they are going in bad faith. They are not going in good faith, but they are giving the appearance of good faith in order to run out the clock.
No. 2 says:
Officially, Tim is the U.S. Attorney and will identify
himself as such on pleadings and other official documents. I
think it's fine for us to refer to him as an ``interim U.S.
Attorney'' in talking points, with the understanding that by
``interim U.S. Attorney'' we mean [Attorney General]
appointed, (as opposed to Presidentially-appointed and Senate
confirmed) U.S. Attorney.
No. 3:
Overall, I think we should take the temperature way down--
our guy is in there so the status quo is good for us. Ask for
them to consider him; note that he is qualified and doing a
good job whenever asked . . .
Here, again, they are telling him to tell us that he is doing a good job whenever asked. He hadn't been in office but 1 day when this thing was written. So, again, they are setting up a deception on the front end.
. . . pledge to desire a Senate-confirmed U.S. attorney; and
otherwise hunker down.
No. 4:
The only thing really at risk here is a repeal of the AG's
appointment authority.
You bet your life that is what is at risk because we are going to have that vote later today or tomorrow or Monday or Tuesday or at some point, and absolutely that is what is at risk because I think the Senate should change that law and should take that provision out of the PATRIOT Act, that they snuck in in the dark hours in a conference.
We intend to have DOJ legislative affairs people on notice
to work hard to preserve this (House members won't care about
this; all we really need is for one Senator to object to
language being added to legislative vehicles that are moving
through). There is some risk that we'll lose the authority,
but if we don't ever exercise it then what's the point of
having it? (I'm not 100 percent sure that Tim was the guy on
which to test drive this authority, but know that getting him
appointed was important to Harriet, Karl, etc.
I could spend all day talking about this memo. But, basically, in here they say that the Attorney General is going to tell us, Senator Lincoln and me, about six or seven things, and they did every single one of them. This is the playbook. They say ask the Senators to give him a chance. Attorney General Gonzales did ask me that. Meet with him. He asked me to, and I did. Give him some time in office. He asked for that, even though usually people don't get a little test drive before they get appointed. He asked me--they wanted to delay, just run out the clock.
At one point he said if I am not happy they will interview other candidates that I am interested in. They also mentioned for me to consider him and to look at him in a way that he is doing a good job.
Here, again, every single thing in this memo was done. Again, this is the playbook. This is why I feel lied to. The truth is, I was lied to because I was told that the Attorney General--and he not only said it to me, he said it to the Senate Judiciary Committee and he said it to the world--the Attorney General wanted a Senate-confirmed U.S. attorney in every slot. That is absolutely not true in Arkansas based on this e- mail from the Justice Department.
I assure you when they put ``good faith'' in quotes that means they are not proceeding in good faith. They didn't proceed in good faith with me, and that is one of the reasons I think Attorney General Gonzales should resign immediately. I do not think he has the credibility to run that department anymore.
Let me tell you this. I was one of six Democratic Senators who supported Attorney General Gonzales' nomination and confirmation. I supported the PATRIOT Act. Not all Democrats did. I have worked closely with this Attorney General. I have always tried to deal with them and reach out to them and have a constructive, positive relationship. I believe that is what the people in Arkansas want me to do, and that is exactly what I have done.
But on this issue, Attorney General Gonzales has broken faith with me, he has broken faith with the Senate, and he has broken faith with the people of Arkansas. When an Attorney General of this country, who I believe should be held to a higher standard--not a political standard but a high standard of integrity because he should be all about justice, not politics; he should be all about justice--when the Attorney General lies to a United States Senator, I think it is time for that Attorney General to go.
Again, he not only lied to me as a person, but when he lied to me, he lied to the Senate, and he lied to the people I represent. For that reason I am asking him and demanding that he resign today.
I thank the Senator.