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“There were a panorama of responses… the net result “ loss of credibility

Senate Committee on The Judiciary Hearing

The “Department of Justice Oversight 4/19/07 Hearing - afternoon Session

Republican Iowa Senator Charles Grassley stated -”oversight is a core responsibility for me.

He read all his remarks and questions from notes and barely looked up.

AG Gonzales in response to Senator Grassley’s questioning stated – “I should have gone back to look at documents and my calendar before I made my statements on Mar 13th.”

This was a direct contradiction to statements AG Gonzales made in the morning session when he stated that he always prepares for hearings and press conferences. AG Gonzales seemed to speak in third person narrative, as if someone else was in charge at the Justice Dept. in many of his responses.

Democrat Maryland Senator Ben Cardin questioned AG Gonzales about “Confidence in the Process…“would you make this same decision again the same way?”… AG Gonzales responded –“I relied in particular to the Deputy Attorney General”

Republican Oklahoma Senator Tom Coburn in question to AG Gonzales“Bud Cummings – poor performance is that correct?” AG Gonzales replied - “thats a different situation” Senator Coburn interrupts- “I don’t want to talk about a different situation”.

Senator Coburn -”the damage has been significant – including to Bud Cummings”

AG Gonzales’ rely to Coburn’s question about Cummings performance - “as a legal matter, they are NOT entitled to an explanation of their performance.”

Senator Coburn - “why would we not use the same standards to judge your performance that was used in these attorney’s dismissals?”

Senator Coburn –“The confidence of U.S. Attorneys has been damaged” …”I believe there are consequences… “The best way to put this behind us – is your resignation”… “a clean slate to restore the confidence is necessary!”

Democrat RI Senator Sheldon Whitehouse – “The legal system is controlled within structures”and there are two areas I agree with you – “U.S. Attorneys serve at the pleasure of the President, and there is a tradition of Independence of U.S. Attorneys.”

Senator Whitehouse - “Improper seems to be the target word” referring to AG Gonzales repeated use of the term.

Senator Whitehouse – “The issue of structure is the way justice is administered in the United States”

Republican Arizona Senator John Kyl - “I applaud your office” and then Senator Kyl went on to then spend his allocated time discussing Internet gambling.

Chairman Leahy question to AG Gonzales–“which of your 5 different testimonys or press statements can we go to the bank with?”

Democrat California Senator Dianne Feinstein – “Maybe I’m slow, but I still don’t understand how this list was compiled – 10% of the total U.S. Attorneys… who selected the people that were put on”THE LIST”… Nobody knows… we still don’t know”.

Senator Feinstein asked the question about AG Gonzales knowledge of 3 page plan distributed at Dec 10th meeting by Kyle Sampson in which Alberto Gonzales was present.

AG Gonzales response – I don’t recall the meeting or the document.

Republican Utah Senator Orin Hatch - “How many times do you have to be flagellated?”

Democrat Maryland Senator Benjamin Cardin’s question to AG Gonzales – “What is your knowledge of Monica Goodling?”

AG Gonzales– “let me just say this, in the documents I have seen (meaning previous testimony transcripts by others), - I do not have any independent knowledge of what is in the documents.”

Democrat RI Senator Sheldon Whitehouse – The structure of the administration of justice is in itself a safe guard – President Clinton’s “Protocol” had approx 8 people total (shows large graph chart), with regular inside knowledge of on-going Justice Dept cases. Senator Whitehouse shows second graph chart and G.W. Bush “Protocol” in which Whitehouse’s staff claims there are 417 people within the Bush White House and 30+ people at The Department of Justice that have regular inside knowledge of on-going Justice Dept. cases.

Senator Whitehouse’s comment to AG Gonzales - “National security aside - that concerns me.”

AG Gonzales response - “I agree with you”

Senator Whitehouse comments – When U.S. Attorney McKay was summoned to the Bush White House, he was met by Harriet Meirs, who greeted him with – his mishandling of the voter fraud case he was currently involved with. “How did she get the necessary information to make a professional judgement call on this on-going investigation?”

Senator Whitehouse runs out of time and respectfully requests a few more minutes and Chairman Leahy and Senator Schumer, whose turn it is next for questioning agree to allow Senator Whitehouse more time.

Senator Whitehouse comments– since the Office of Professional Responsibility (OPR) only investigates professional conduct of Attorneys as Attorneys, and does not investigate disciplinary activity or political influence and never makes reports public- “why the OPR to investigate the D.O.J ?”

AG Gonzales replies“ “I think that is a fair question. The Office of Inspector General (OIG) should probably investigate.”

Democrat New York Senator Chuck Schumer– “The Burden of Proof – you have not met… there are over 100 questions you answered - I don’t know or I can’t recall… I urge you to step down.

AG Gonzales replies” “The Burden of Proof is on you senator - who is making the accusations.”

Senator Schumer - That would be true if this was a criminal trial. The Attorney General is held to a higher standard. The Burden of Proof lies with the person who did the firings”

Ranking Republican Pennsylvania Senator Arlen Specter“ “I think you were as forthcoming as you could be “credibility has been damaged”… “there were a panorama of responses… “the net result“ loss of credibility… “we have got about as far as we can go with this”… “we haven’t really gotten answers”… “I am not going to make the recommendation for your resignation – I want to leave it up to you and the President

Chairman Leahy“This is NOT a day that makes me happy at all.” With that final closing remark he adjourned the hearing at 4:52 ET.

During Chairman Leahy’s closing remarks the epiphany came – Attorney General Alberto Gonzales was never able to make the adequate transition from being the White House Counsel to that of being the Attorney General of the United States.