April 16, 2007

Gonzales’ Last Stand: Analyzing His Prepared Testimony

A review of U.S. Attorney General Alberto Gonzales’ 25-pages of prepared testimony slated for tomorrow’s Senate Judiciary Committee hearing paints a portrait of America’s top prosecutor determined to make his last stand.

Gonzlaes’ own words show that he’s in a desperate situation right now. The fact that his statement is so lengthy shows that he is doing everything possible to take time away from the Committee, and divert attention to topics for which he can either try and claim success (terror-related convictions), or for which the public may be less likely to criticize him (e.g., prosecuting pedophiles and sexual predators).

The Attorney General is asserting a “Cool Hand Luke” defense: that if he’s guilty of anything, it’s only a failure to communicate effectively with the U.S. Attorneys under his charge. He acknowledges that “in all cases, I should have communicated [the DOJ’s] concerns [to prosecutors who were fired] more effectively, and I should have informed them of my decisions in a more dignified manner.”

Lack of dignity is not a federal offense. Giving false testimony is, however. As Ranking Senate Judiciary Committee Member Sen. Arlen Specter emphasized on ABC’s meet the press yesterday, if Gonzales fails to testify truthfully about his knowledge and role in the prosecutors’ firings, he could face up to five years in in jail for lying under oath. Even the Justice Department’s U.S. Attorney’s Manual gives detailed background information on prosecuting people accused of giving false testimony under oath.

The Attorney General almost certainly will not be able to read from his entire prepared testimony. Doing so would take precious time away from the Committee and intent on getting to the bottom of the firings debacle. It would also give Gonzales a certain degree control over the proceedings. The Committee will never let this happen.

The overwhelming majority of issues covered by Gonzales in his statement are simply attempts at diverting attention from the subject at hand. The average American is probably less likely to care about the Attorney General’s discussion of gang violence, domestic violence, intellectual property crimes, and Native American law enforcement issues. Today’s Washington Post-ABC News poll shows that they simply don’t trust Gonzales’ ability to tell the truth. When he says he’s done “nothing improper,” they don’t believe him.

Not since the days of Watergate when former President Nixon tried, unsuccessfully, to tell America: “I am not a crook,” will serious attention be paid to Gonzales statements. The public, lawyers, and politicians of every persuasion will be watching.

April 12, 2007

Houston Law Firms Wait To See If Gonzales Jumps From Ship

A report from Houston TV station KHOU suggests that U.S. Attorney General Alberto Gonzales may very well end up in the Southern Texas city if he leaves the Department of Justice as a result of the controversy over federal prosecutors.

Gonzales visited Houston two weeks ago to speak at a press conference on the DOJ’s anti-child predator ad campaign, and also spoke at the Houston Hispanic Chamber of Commerce.

While there, he said that he is “look[ing] forward to the day I can return to Houston.”

Rocky Rhodes, a professor at the South Texas College of Law told KHOU reporter Dave Fehling that most Texas law firms would fight to hire Gonzales after he leaves the federal government.

“Instant name recognition, and that’s a big key,” Rhodes said.

April 3, 2007

Pres. Bush Dodges Reporter’s Question About Loyalty Requirement of U.S. Attorney

President Bush dodged question by Washington Post reporter Peter Baker about how loyalty plays a part in evaluating and firing U.S. attorneys.  It’s a variation on the “loyal Bushies” test raised by Kyle Sampson, the Attorney General’s former Chief of Staff.

Here is Baker’s question:

Sir, your administration evaluated all 93 U.S. attorneys, in part on the basis of loyalty. That was one of the criteria that was used. What role should loyalty to you play in the evaluation of those charged with administering justice and enforcing the law.

Not surprisingly, President Bush dodged answering it, but continued the White House line that he had every right to fire them:

[T]he eight U.S. attorneys, they serve at my pleasure, they have served four-year terms, and we have every right to replace them.

Or as White House Deputy Press Secretary Dana Perino put it, they didn’t “keep the President’s pleasure.”

April 1, 2007

Bush: Gonzales “Has My Full Confidence”

President Bush told reporters at Camp David today that embattled U.S. Attorney General still had his enthusiastic support:

“Attorney General Gonzales is an honorable and honest man, and he has my full confidence.    He is providing documents for Congress to find the truth. He will testify in front of Congress, and he will tell the truth…I will remind you, there is no credible evidence that there has been any wrongdoing.”

Bush has remained steadfast in standing by his lawman, despite GOP and Democratics calls for Gonzales’ resignation.