Department of Justice

Breaking: Monica’s Lips Are Sealed

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Monica Goodling 2 Alberto Gonzales Above the Law blog.JPG(No, not THAT Monica — it’s a bit late for that, dontcha think?)
Breaking news from Bloomberg:

Monica Goodling, a counsel to U.S. Attorney General Alberto Gonzales who helped coordinate the dismissals of eight U.S. attorneys, will invoke her constitutional right not to answer Senate questions about the firings, her lawyer said.

Goodling, one of four Justice Department officials the agency said could be interviewed by the Senate Judiciary Committee, will invoke her Fifth Amendment privilege not to answer the panel’s questions, John M. Dowd, her lawyer, said in a statement. Dowd said the committee had requested her testimony under oath.

The Associated Press also has a story, available here.
We’re going to play unfrozen caveman legal commentator, and ask: Based on what we currently know about the U.S. Attorney firings, how could Goodling’s testimony expose her to criminal liability, to place her in a position to invoke the Fifth Amendment? What are we missing here?
Here’s what her lawyer, John Dowd, has to say about the matter. From the AP:

The potential for taking the blame for the department’s bungled response “is very real,” Dowd said. “One need look no further than the recent circumstances and proceedings involving Lewis Libby,” he said, a reference to the recent conviction of Vice President Dick Cheney’s former chief of staff in the CIA leak case.

The lesson we took away from the Libby case was: “Don’t lie under oath.”
So doesn’t Dowd’s argument prove too much? What does Goodling have to worry about as long as she testifies truthfully?
P.S. We have nothing against the DOJ or the White House under the current Administration. To paraphrase the classic defense against charges of racism, “Some of our best friends are [Bushies]!!!”
We’re just confused, that’s all. Clearly there were some screw-ups here. But is anyone (aside from Daily Kos types) seriously arguing that the underlying conduct was criminal?
Gonzales Aide Won’t Answer Questions About Prosecutor Firings [Bloomberg]
Gonzales Aide to Invoke Fifth Amendment [Associated Press]

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Morning Docket: 03.26.07

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Alberto Gonzales 2 Attorney General Alberto R Gonzales Above the Law blog.JPG* Feel like putting down a couple hundred on Barack Obama or John Edwards? [Slate]
* Sen. Hagel uses the “i” word. [MSNBC]
* “New U.S. attorneys seem to have partisan records.” [McClatchy via Election Law Blog]
* AG Gonzales feeling more heat from GOP Senators. [How Appealing (linkwrap)]
* Does DVR violate copyright laws? [Law.com]

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Above the Law Hotties: U.S. Attorneys!

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United States Attorneys US Attorneys Above the Law blog.JPGThe scandal surrounding the firing of the eight U.S. Attorneys, while explosive and salacious, has presented us with some challenges. It’s a fast-moving story, and the information just keeps flooding in.
And because it’s such a huge story, the MSM has been covering it like crazy. We asked ourselves: What’s left for ATL to do?
Answer: Sponsor a U.S. Attorneys hotties contest!
Now that our Law Librarian Hotties contest is over, we must find a new group of legal professional hotties to rank. In light of all the public attention recently focused upon United States Attorneys, they’re an excellent subject for our next hotness competition.
Patrick J Fitzgerald 2 Patrick Fitzgerald Pat Fitzgerald Above the Law blog.JPGThere are many reasons to focus on chief federal prosecutors for a hotties contest. They’re clearly public figures, so they don’t present the same privacy concerns as so-called “civilians.” Their photographs are easy to find, because they’re always appearing before media outlets.
And, most importantly, some of them are pretty darn hot. For example, the hunky Patrick Fitzgerald (N.D. Ill.) helped make the Plamegate scandal worth following (with an assist from the scorchingly hot Valerie Plame herself). The apolitical zeal with which Pat Fitzgerald pursued the Scooty Libby prosecution was modern manliness at its best.
Carol Lam 2 Carol C Lam Southern District of California San Diego Yale College Stanford Law School.JPGThere are some fine offerings on the distaff side, too. The elegant Carol Lam (S.D. Cal.), according to her critics, was easy on immigration enforcement. But she’s pretty easy on the eyes, too!
(We could say more about Carol Lam’s hotness, but we won’t, ’cause she kinda looks like our aunt.)
We are now accepting your nominations of hot United States Attorneys. If you’d like to submit an attractive U.S Attorney for consideration, please review the rules and nomination guidelines, which appear after the jump. Thanks!

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No, We Won’t Use the Gone-Zales Pun

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alberto gonzales alberto r gonzales attorney general.JPG(Not because Alberto Gonzales is looking secure in his position as Attorney General, but because everyone else — the WSJ Law Blog, the Legal Times — has used it already.)
In the past hour or so, the Justice Department released about 3,000 pages worth of documents relating to the U.S. Attorneys firing fiasco. The documents were sent over to Capitol Hill, quickly and in non-chronological order (which the Dems may complain about; but hey, don’t look a gift horse in the mouth). It appears that some of these documents may relate to the specific reasons for firing the dismissed U.S. Attorneys — a belated attempt by the DOJ to explain, in more satisfying and greater detail, why exactly these eight federal prosecutors were canned.
Another interesting rumor going around: If AG Gonzales steps down, one possible replacement is Homeland Security Secretary Michael Chertoff — former assistant U.S. Attorney General, and former U.S. Attorney for the District of New Jersey (and the only U.S. Attorney not replaced immediately by President Clinton when he cashiered almost all of the U.S. Attorneys upon taking office).
The whole situation is very fluid. Stay tuned…

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Who Should Be the Next Attorney General?

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Patrick J Fitzgerald Patrick Fitzgerald Pat Fitzgerald Above the Law blog.jpgYeah, we know: Attorney General Alberto Gonzales remains in office.* But his days are looking numbered. He’s received the kiss of death — a presidential expression of “confidence” — and even some Republicans are calling for his resignation.
So we have to ask:

If Alberto Gonzales steps (or gets pushed) aside, who should take his place as Attorney General?

We’re rooting for Shanetta Cutlar. But if she doesn’t get tapped, Andrew Cohen floats this interesting idea.
Right now, Patrick Fitzgerald is most well-known for his (successful) work on the Scooter Libby case. This may preclude his selection as AG, given the political hot potato that it turned into — and the embarrassment it caused for the Bush Administration.
But let’s not forget that, setting aside the Libby case, Fitzgerald has the background that one would normally seek in an Attorney General. He’s the U.S. Attorney for the Northern District of Illinois (Chicago), one of the nation’s most prestigious prosecutor’s offices, and he has some serious additional credentials.
After graduating from one of our nation’s finest high schools (shameless plug for our alma mater), Pat Fitzgerald went on to Amherst College and Harvard Law School. Before taking over as the U.S. Attorney for the Northern District, he was a line prosecutor in the legendary Southern District of New York. As an AUSA in the SDNY, he worked on some major prosecutions, including the trials of Omar Abdel Rahman and Ramzi Yousef. He has been praised for his work as U.S. Attorney in Chicago.
Thoughts? Nominating Fitzgerald as AG might be kinda crazy, but kinda brilliant. It would change the story line big time, in a way that the White House might welcome.
(Some other random names we’ve heard as possible AG candidates: former Deputy Attorney General James B. Comey; SEC Chairman Christopher Cox; and Judge Laurence H. Silberman, of the D.C. Circuit.)
* It’s a rainy Friday afternoon, not much is going on, and people aren’t paying attention to the news. If you’d like to step down, Mr. Attorney General, there are still several hours of prime resignation time available to you.
The Case for Attorney General Patrick Fitzgerald [Washington Post / Bench Conference]

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Shanetta Cutlar: Viva La Diva!

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Ty Clevenger, a former attorney in the Special Litigation Section (“SPL”) of the Justice Department’s Civil Rights Division, is the one who got the ball rolling with respect to colorful anecdotes about Shanetta Cutlar, the charismatic and strong-willed chief of the Section.
Clevenger sent a letter to Deputy Attorney General Paul McNulty raising concerns about Cutlar’s leadership of SPL. Shortly thereafter, Clevenger was effectively fired by Cutlar the next day.
As for Clevenger’s letter, the DAG assigned it to Wan J. Kim, Assistant Attorney General for the Civil Rights Division, for a response. Earlier this month, Clevenger received the following from Wan Kim:
Wan Kim Wan J Kim Ty Clevenger letter Above the Law blog.JPG
Letters to McDonald’s, complaining about insufficient mintiness in Shamrock Shakes,* receive responses evincing greater concern.
Now we understand why Shanetta Cutlar was comfortable enough in her position to wear a tiara to a recent meeting of DOJ section chiefs. We predict she will remain in power at SPL long after Attorney General Alberto Gonzales has left the building (which may not be saying much — but you get our point).
* Yes, Shamrock Shakes are back! We enjoyed one in Miami earlier this week.

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Shanetta Cutlar: Will We See Her on C-SPAN?

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Shanetta Cutlar 2 Shanetta Y Cutlar Shanetta Brown Cutlar DOJ SPL Special Litigation Section Civil Rights Division.jpgSome of you have wondered about the drop-off in ATL coverage of our favorite DOJ diva: Shanetta Y. Cutlar, Chief of the Special Litigation Section at the U.S. Department of Justice (“SPL”). Cutlar has been previously described in these pages as “deliciously imperious” and “a great diva,” and we’ve published a number of colorful stories about her.
We haven’t written much about Shanetta Cutlar lately because we haven’t gotten many new tips about her. Perhaps she’s keeping a low profile these days?
Fortunately, more grist for the SYC mill may be on its way, courtesy of Capitol Hill. From a tipster:

House Judiciary has an oversight hearing for Civil Rights next week. Not sure what day, but I’m trying to find out. I think SPL may be discussed.

And from another source:

The “scandal” of the firing of the US Attys will be the camel’s nose — a way to have full blown congressional hearings on DOJ, especially Civil Rights.

Oooh, exciting! We do hope that the House and Senate Judiciary Committees start sniffing around the Special Litigation Section. Maybe Chuck Schumer will become our truffle pig, unearthing tasty morsels about Shanetta Cutlar and her reign over SPL.
If you have any info about the upcoming oversight hearing — or, for that matter, any updates on what Shanetta Cutlar has been up to lately — please email us. Thanks.
Earlier: Prior ATL coverage of Shanetta Cutlar (scroll down)

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Kyle Sampson Has A Streaky Three-Point Shot

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D Kyle Sampson Kyle Sampson Kyle D Sampson Kyle Samson Above the Law blog.jpgThe U.S. Attorneys firing scandal has claimed its first victim (other than the fired U.S. Attorneys): D. Kyle Sampson
Sampson, who served as chief of staff to Attorney General Alberto Gonzales, tendered his resignation on Monday. It was reported that Sampson failed to keep AG Gonzales and other top Justice Department officials in the loop about his discussions with former White House Counsel Harriet Miers concerning possible U.S. Attorney firings.
An interesting profile of Sampson, written by Eric Lipton, appeared in yesterday’s New York Times. It includes good detail about Sampson’s meteoric rise through conservative legal circles, as well as some backstory about Sampson’s own desire to serve as U.S. Attorney for Utah.
It’s a serious and sober portrait. If you’re in the mood for something on the lighter side, replete with discussion of Sampson’s skills on the basketball court, check out what we received from a helpful tipster. It appears after the jump.

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The U.S. Attorneys Controversy: What About Eumi Choi?

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Golden Gate Bridge San Francisco Eumi Choi Eumi Choi Above the Law.jpgOne of the eight fired U.S. Attorneys was Kevin Ryan, of the Northern District of California (San Francisco). As noted by the Legal Pad, his firing appears to be one of the less high-profile or controversial ones.
But it’s important to us, since it raises a question about our favorite federal prosecutor:

WHAT’S GOING ON WITH THE FABULOUS EUMI CHOI?

Eumi Choi served as First Assistant U.S. Attorney under Kevin Ryan. As noted here, a previous paean to her, Choi is “a tough, smart, no-nonsense prosecutrix.”
We’re not the only ones wondering about Choi’s fate. Again, from the Legal Pad:

What’s the deal with Eumi Choi, the No. 2 to ousted U.S. Attorney Kevin Ryan?

We’re hearing that the first assistant U.S. attorney has been sent down to be a line prosecutor. Not surprising, given that a new U.S. attorney such as recently appointed interim Scott Schools usually shakes up the top, especially in an office where prosecutors have frequently complained about management.

But Choi didn’t have much to say today when asked whether her job description had changed. She said she’d talk with office spokesman Luke Macaulay about getting us an answer.

This post was from March 5, and we see no subsequent posts about Choi over at the Legal Pad. So does anyone know what Choi is up to these days?
Is it true that she has been demoted? If so, we condemn such a move. Why are people so afraid of strong leadership?
And what about Choi’s search for private sector employment — is it still ongoing? Back in January, The Recorder reported that Choi “has had her resume floating around Silicon Valley for weeks.”
If you have any information about Eumi Choi and what she’s up to these days, please email us. Thanks.
Shred of Truth to Demotion of Ryan’s Sidekick? [Legal Pad]
E-Mails Paint Picture of Ryan’s Firing [Legal Pad]
Direction of Apple Probe Clouded by Shakeups in U.S. Attorney’s Office [The Recorder]
Earlier: How Yummy Is Eumi?
What Part of “Fabulous” Do You Not Understand?

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Alberto Gonzales: Now He’s Really In Trouble

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He’s getting lectured on ethics and accountability by our favorite former First Lady:
Hillary Clinton Alberto Gonzales Above the Law blog.jpg
Of course, Hillary Clinton was accused of similar conduct — firing public servants to make way for cronies — in the Travelgate scandal. But there’s a critical difference between them: Hillary is delicious, and Alberto Gonzales is not.
Update: Oh yeah, the situations differ in other respects, too. But the deliciousness differential is the most important factor by far.
Random aside: Before he took the podium at yesterday’s news conference, Attorney General Gonzales gave a peck on the cheek to a striking blonde woman. We believe that the kissed colleague was Alice Fisher, the diva-licious queen of the DOJ’s Criminal Division, but we’re not sure. If you know for certain, please confirm.
EXCLUSIVE: Hillary Clinton Calls for Gonzales’ Resignation [ABC News]

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