Alberto Gonzales

Monica Goodling: The Power Behind the Throne

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Monica Goodling 5 Monica M Goodling Monica Gooding Alberto Gonzales Above the Law blog.jpgVia the Volokh Conspiracy, we came across this intriguing piece, by Murray Waas for the National Journal, about how Attorney General Alberto Gonzales delegated exceptionally broad powers to his two youthful underlings: D. Kyle Sampson and the Magnificent Monica Goodling.
Here’s the lede:

Attorney General Alberto Gonzales signed a highly confidential order in March 2006 delegating to two of his top aides — who have since resigned because of their central roles in the firings of eight U.S. attorneys — extraordinary authority over the hiring and firing of most non-civil-service employees of the Justice Department….

In the order, Gonzales delegated to his then-chief of staff, D. Kyle Sampson, and his White House liaison “the authority, with the approval of the Attorney General, to take final action in matters pertaining to the appointment, employment, pay, separation, and general administration” of virtually all non-civil-service employees of the Justice Department, including all of the department’s political appointees who do not require Senate confirmation. Monica Goodling became White House liaison in April 2006, the month after Gonzales signed the order.

Professor Orin Kerr’s take:

Remarkable. And assuming this story checks out, it certainly explains why Gonzales seemed so clueless about the U.S. Attorney firings. It seems that Gonzales had taken himself completely out of the loop of all DOJ political appointee hiring. He had delegated that role completely to two 30-somethings, Kyle Sampson and Monica Goodling; his only role was a formality, required just so that OLC would find the practice constitutional.

We take issue with Professor Kerr’s dismissive reference to the Magnificent Monica Goodling as a mere “30-something.” And now that she has been granted immunity, we can’t wait for Goodling to testify before the House Judiciary Committee.
All mysteries will be revealed, and this entire U.S. Attorney mess will be straightened out, after Monica Goodling appears before the House Judiciary Committee in all her radiance. She will dazzle the Committee, as well as the American people, with her command performance, the likes of which have never been seen on Capitol Hill.
Goodling’s crisp and cogent answers to even the most challenging queries from legislators will cause jaws to drop. Her command of both the facts and the law concerning the U.S. Attorney firings will amaze the nation. It will be just like the final courtroom scene in “Legally Blonde,” in which another plucky, underestimated blonde triumphed against all odds.
At the end of her testimony, Rep. John Conyers will publicly apologize to Monica Goodling for dragging her good name through the mud. Faith in the U.S. Department of Justice will be restored. Truth, justice, and the American way will be vindicated.
And then President Bush will dispatch Monica Goodling to Iraq, as head of a special mission designed to fix the debacle over there. There is nothing that our Monica can’t do!!!
Secret Order By Gonzales Delegated Extraordinary Powers To Aides [National Journal]
Did Sampson and Goodling Have Total Control of DOJ Political Hiring? [Volokh Conspiracy]

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Alberto Gonzales Can’t Get No Respect

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Alberto Gonzales 3 Alberto R Gonzales Attorney General Above the Law blog.jpgPoor Alberto Gonzales. Even Romy and Michele had a better time at their reunion. From the AP:

A small group of student protesters, including one wearing a black hood and an orange jumpsuit, heckled Attorney General Alberto Gonzales as he posed with old classmates Saturday during their 25-year Harvard Law School reunion.

“When the photographer was getting everybody set up and having people say ‘cheese,’ the protesters yelled: ‘say torture, instead,”resign’ and ‘I don’t recall,’” said Nate Ela, a protester and third-year student.

Law school spokesman Mike Armini said the impromptu protest was so small that some of those attending the photo shoot did not notice it.

We hate to quibble, but saying “torture” doesn’t make you smile. Your lips end up in a peculiar, puckered position (try it yourself). C’mon, HLSers — couldn’t you have come up with something more clever?
Students Heckle Gonzales at Harvard [Associated Press]

You’re Doing a Fine Job, Gonzo

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Alberto Gonzales 4 Attorney General Alberto R Gonzales Above the Law blog.gif
Apparently the one guy that counts was satisfied with Alberto Gonzales’ testimony before Congress last week. From the New York Times:

President Bush said Monday that the Congressional testimony of Attorney General Alberto R. Gonzales last week, roundly panned by members of both parties, had “increased my confidence in his ability to do the job.”
Speaking during a short question-and-answer session in the Oval Office, Mr. Bush said of Mr. Gonzales’s performance before the Senate Judiciary Committee, “The attorney general went up and gave a very candid assessment, and answered every question he could possibly answer, honestly answer.”

Really, Prez? Because what we saw in the hearings was someone who either has the memory of a raisin or is a liar on the scale of James Frey. Either way, these are not characteristics of the ideal head of the Department of Justice.
Is the President showing the same kind of support that he showed for Donald Rumsfeld right before he was sent packing? There are some important differences, of course, in the two cases. Rumsfeld’s performance was directly related to the war in Iraq, which many perceived to be the driving issue in the November election that handed Congress to the Democrats; Gonzales, on the other hand, seems to mostly have a terrible memory and bad sense of PR when it comes to handling a situation in which many feel that nothing wrong was actually done. Also, and perhaps more importantly, there is now not very much time left in the Bush Administration; there may not therefore be the political will to force him out, replace him, and then have to replace the replacement within a fairly short period of time.
Still, not getting rid of him and making the above comments are two different things. So I say again, really President Bush?

The Alberto Gonzales Deathwatch: What Do You Think?

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Alberto Gonzales 4 Attorney General Alberto R Gonzales Above the Law blog.gifToday is Friday, the favorite day of the week for high-profile government officials to announce their departures. E.g., Sandra Day O’Connor; Monica Goodling; Cully Stimson.
Might Alberto Gonzales resign as Attorney General today? We doubt it. Coming on the heels of yesterday’s Senate Judiciary Committee testimony, where AGAG took a real beating, it would look too reactive. It would be much more likely for some other DOJ official — e.g., Deputy Attorney General Paul McNulty — to step down late this afternoon.
But a Gonzales departure is probably more likely now than ever. Over at Slate, the needle on the “Gonzo-Meter” — which measures the chance of an Alberto Gonzales departure — has moved farther to the right. The Slate folks explain:

We are bumping the meter up to 95. It may take the attorney general a few days to recognize that he did not exactly pull off a rout. But if the president was indeed waiting for his boy to turn this thing around today, the president must have been sorely disappointed. If anything, Gonzales probably lost support today. And if he persuaded even a single soul of his great competence, we’ll eat our meter.

Time for an ATL reader poll:


Gonzo-Meter: Al, You’re Not Helping [Slate]

Alberto Gonzales: The Morning After

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Alberto Gonzales 3 Alberto R Gonzales Attorney General Above the Law blog.jpgAttorney General Alberto Gonzales made a make-or-break appearance yesterday before the Senate Judiciary Committee. We covered his SJC testimony extensively. See here, here, and here.
If the Gonzales testimony were a Broadway show, today would be the morning after opening night, when the all-powerful Ben Brantley theatre critics weigh in. And based on the reviews (see links below), the Al Gonzales Show is the biggest disaster since Dracula the Musical. Will someone please drive a stake through the heart of AGAG’s tenure?
As you know, we love drama, and we love surprises. We were secretly hoping that Gonzales — who has never been a great public speaker (we’ve seen him) — would deliver a bravura performance, one that would resurrect his career, leaving his critics stunned and speechless. We were looking for a home run, a tour de force like Clarence Thomas’s Senate testimony, as described by Camille Paglia:

Make no mistake: it was not a White House conspiracy that saved this nomination. It was Clarence Thomas himself. After eight hours of Hill’s testimony, he was driven as low as any man could be. But step by step, with sober, measured phrases, he regained his position and turned the momentum against his accusers. It was one of the most powerful moments I have ever witnessed on television. Giving birth to himself, Thomas reenacted his own credo of self-made man.

But Alberto Gonzales is no Clarence Thomas — and his days as AG are numbered. Gonzales isn’t Spanish for “Souter”; it’s Spanish for “toast.”
Al, the President’s Man [Slate.com]
On a Very Hot Seat With Little Cover and Less Support [New York Times]
Gonzales Rejects Call for His Ouster [Associated Press]
Senators Chastise Gonzales at Hearing [Washington Post]
Gonzales Says He Didn’t Know Why Two Were Fired [Washington Post]
Roughed Up on the Hill [Washington Post]

Alberto Gonzales: The Grilling Resumes (Part 3)

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Alberto Gonzales 3 Attorney General Alberto R Gonzales Alberto Gonzalez Above the Law blog.jpgWe’re getting underway again, with the testimony of Attorney General Alberto Gonzales before the Senate Judiciary Committee. Some random audience member just shouted out: “Hi Senator Kyl!”
2:39: Sen. Chuck Grassley (R-Iowa), who missed much of the morning session due to a funeral, is leading off the afternoon questioning. He reads a brief introductory statement (and barely looks up from his notes). Grassley gloats over how the DOJ tried to prevent a witness from testifying before the Senate Finance Committee, on which he also serves, but got slapped down by the courts.
(Wow, that accent is REALLY Midwestern. Anyone wanna go to the mal?)
2:49: Sen. Ben Cardin (D-MD) wants to know what safeguards were in place to prevent improper political considerations from entering into the process re: which U.S. Attorneys to fire. He’s very animated, angry — he frequently raises his voice.
AGAG says that he relied upon people he trusted — and repeatedly mentions the Deputy Attorney General, Paul McNulty, and the big role the DAG played in this process. It seems to us that Gonzales wants to make McNulty the fall guy.
(Not a bad idea — McNulty is leaving the DOJ soon, anyway).
3:02: OMG, Sen. Tom Coburn (R-OK) — a Republican, and a conservative one at that — just ripped AGAG a new one. Several new ones, actually. Some quotes:

“You should be judged by the same standards as these U.S. attorneys were judged, and suffer the same consequences.”

“Mistakes were made, and mistakes should have consequences.”

“[T]his was handled incompetently… Communication was atrocious.”

“The best way to put this all behind us is your resignation,” so we can “start with a clean slate.”

“I like you as a man, as an individual, but mistakes have consequences.”

OUCH. OUCH OUCH. Alberto Gonzales = pinata.
If this is what a Republican has to say, wait ’til the Democrats are up to bat next….
4:08: Sorry, our attention wandered… Lots of questioning about matters not related to the U.S. Attorney firings (because this is, after all, technically a general DOJ oversight hearing). E.g., Sen. Kyl asking about offshore gambling outfits; Sen. Specter asking about whether there’s any federal law enforcement angle to the Virginia Tech shootings.
Now, a ten-minute recess.
Earlier: Alberto Gonzales: In the Hot Seat (Part 2)
Alberto Gonzales: In the Hot Seat (Part 1)

Alberto Gonzales: In the Hot Seat (Part 2)

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Alberto Gonzales 2 Attorney General Alberto R Gonzales Above the Law blog.jpgWe’re picking up with where we left off, in our liveblogging of Attorney General Alberto Gonzales’s testimony before the Senate Judiciary Committee.
10:50: Sen. Herb. Kohl is REALLY going after AGAG. He cites poll data showing that approximately half of the American public wants Gonzales to resign.
Kohl is in essence asking: Why are you still here? He suggests to Gonzales that these poll results matter, because American people’s perceptions of the DOJ and whether justice is being done are very important.
Gonzales has a good line here: “You’re right, Senator. This is not about Alberto Gonzales.” He then says it’s about the work the DOJ is doing (to “protect our children,” of course).
11:00: Sen. Orrin Hatch (R-UT) tosses a bunch of softballs in AGAG’s direction. He’s the most friendly questioner of the morning thus far. He also notes that some time ago, a Democratic senator predicted that Gonzales would be gone as AG within a week. “And yet here you are, still Attorney General, a month later. And I’m glad to see that.”
11:08: Sen. Dianne Feinstein (D-CA) is up now. Her lilac blazer stands out in the sea of dark suits.
Feinstein tries to zero in on the precise extent of Gonzales’s involvement. Great line: “Who was the Decider?”
We love ourselves some DiFi!
Okay, time for a 10-minute recess — the first of the morning.
And now we’re back. More discussion, after the jump.

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Alberto Gonzales: In the Hot Seat (Part 1)

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Alberto Gonzales Attorney General Alberto R Gonzales Above the Law blog.JPGWe’re liveblogging Attorney General Alberto Gonzales’s desperate fight for his political life testimony before the Senate Judiciary Committee, which is just getting underway. Our commentary will be added continuously to this post (until we eventually migrate to a new post). So just refresh your browser for the latest.
9:35: Sen. Patrick Leahy (D-VT), SJC Chairman, has been reading a lengthy introductory statement. It’s way harsh on AlGo.
(Nice tie, Senator Leahy — alternating mint and forest green stripes. And a crisp white shirt — not a button-down-collar, thankfully. Politicians dress so much better than judges.)
9:41: Leahy gets in a dig about the White House being content to turn U.S. Attorney’s Offices into outposts of the Bush Administration.
The camera cuts to Gonzales, whose lower lip juts out defiantly — and he shakes his head vigorously, to show disagreement with Leahy’s statement. Will the famously mild-mannered Gonzales actually display some cojones?
More discussion after the jump.

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Rachel Brand: The Prom Queen Stays Out of Trouble

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Rachel Brand Rachel L Brand Above the Law blog.jpgThe U.S. Attorney firing scandal rolls on. The WSJ Law Blog has a good linkwrap, highlighing the latest developments.
Attorney General Alberto Gonzales is frantically preparing for his make-or-break testimony before the Senate Judiciary Committee tomorrow. Remember the musical montage in Back to School, in which Rodney Dangerfield is shown cramming for his final exams — studying while eating, while on the treadmill, while getting a massage? We imagine Gonzales’s preparation for his SJC testimony has been a lot like that.
Anyway, here’s the development that excited us the most recently: how the fantabulous Rachel Brand — Assistant Attorney General for the Office of Legal Policy, a rising star in conservative legal circles, and the reigning Prom Queen of the Federalist Society — narrowly escaped being dragged into this whole mess.
Recently released emails show that Brand was considered as a possible replacement for one of the ousted U.S. Attorneys. From the New York Times:

Rachel L. Brand, by her own admission, has never prosecuted so much as a traffic case. But in January 2006, when Justice Department officials began to discuss removing some United States attorneys, Ms. Brand was proposed as the top federal prosecutor in the Western District of Michigan, an e-mail message released on Friday shows.

In the end, Ms. Brand, who heads the Office of Legal Policy in the department, decided that she did not want the position and was not nominated to succeed Margaret M. Chiara, then the top prosecutor for the district. Ms. Chiara was later ousted.

In declining to be considered, Rachel Brand showed the excellent judgment that has taken her so far, so fast. Had Rachel Brand replaced Margaret Chiara, she would have been the victim of a mainstream media pile-on. The New York Times editorial board would have derided her as a Bush Administration political hack with no prosecutorial experience (albeit a hack with impeccable academic credentials, including Harvard Law School and a Supreme Court clerkship with Justice Kennedy — no Monica Goodling, she).
We’re glad to see that Rachel Brand has managed to steer clear of this whole mess, with her excellent reputation intact, and her dazzling career prospects undimmed by this controversy. Go Rachel!!!
Political Résumé, Not Court, Stood Out for a Contender [New York Times]
The U.S. Attorney Mess: A Monday Morning Roundup [WSJ Law Blog]

Morning Docket: 04.10.07

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* Coke sues film makers for showing Jesus drinking a Coke and saying, “My God, what a testimonial.” [BLT]
* Dean Ken Starr visits HLS for a reenactment of Dred Scott arguments. [CNN]
* Howard K. Stern hires Lin Wood in Anna Nicole Smith case. [CNN]
* AG Gonzales avoids e-mail altogether… Should you? [ABA Journal]
* Or just get a secret e-mail server. [Wonkette]

Breaking: Jesus Wasn’t the Only One Who Was Sacrificed Today

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Monica Goodling 5a Monica M Goodling Monica Gooding Alberto Gonzales Above the Law blog.JPGIt’s Good Friday — the Friday before a big holiday weekend. And we all know what that means: a high-profile resignation, timed in an attempt to avoid the news cycle.
Today we bid a fond farewell to the fabulous Monica M. Goodling. As de to Attorney General Alberto Gonzales, Monica Goodling helped coordinate the controversial firings of eight United States attorneys. When called upon to testify about the matter before Congress, she invoked the Fifth Amendment privilege against self-incrimination.
Oh, Monica — you will be missed. Long after you disappear from the newspaper headlines, you will live on in our hearts. We will always carry a torch for you.
Like so many great blonde icons — Marilyn Monroe, Lady Diana Spencer, Anna Nicole Smith — you left us before your time. So it is fitting and proper that we quote from these lyrics, as we mark your passing from the halls of justice:

Marilyn Monroe Norma Jean Above the Law Blog.jpgAnd it seems to me, you lived your life
Like a candle in the wind
Never knowing who to cling to
When the rain set in
And I would have liked to have known you
But I was just a kid
Your candle burned out long before
Your legend ever did

Eternal rest grant unto the Justice Department career of Monica Goodling, O Lord. And let perpetual light shine upon it. May it rest in peace. May her DOJ career, and the careers of all the faithful departed, rest in peace. Amen.
Gonzales Aide Goodling Resigns [Associated Press]
Top Gonzales Aide Monica Goodling Resigns [Washington Post]
Gonzales Aide Who Refused to Testify Resigns [New York Times]
Earlier: Prior ATL coverage of Monica Goodling (scroll down)

Possible Replacements for Alberto Gonzales

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Alberto Gonzales 2 Attorney General Alberto R Gonzales Above the Law blog.JPGAttorney General Alberto Gonzales may be slightly more secure in his position these days than in the recent past, when it was looking like “Gonzales” was Spanish for “canned.” But he’s not out of the woods yet — which is why speculation about possible successors continues.
Ben Wittes, writing for TNR Online, has some excellent insights. His overall take:

[B]etween a sinking administration that still demands loyalty above all else and congressional Democrats keen on using their new oversight powers, finding a candidate who satisfies both sides will be hard. The next attorney general must be someone acceptable enough to Democrats not just to get confirmed but to tamp down the fire Gonzales has witlessly set.

But he must also be enough of a conservative to satisfy the White House. And he needs a reputation for probity and moral seriousness sufficient to speak to the public and to Congress with the respect that Gonzales obviously lacks. It’s a tall order–a pinch so tight that it squeezes out almost all of the names being bandied about in public.

Wittes then marches through various possible nominees. Discussion continues, after the jump.

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