April 19, 2007
Liveblogging The Gonzales Hearing
4:52: Schumer to reporters after the committee breaks up for the day: "It's hard to believe after today's peformance the White House would want him to stay on." Only the most partisan critic couldn't feel for Gonzales, who had to endure two long stretches of attacks on his integrity and competence today. Coburn's Q&A session may be especially painful for the administration. Still, earlier today, White House spokeswoman Dana Perino reiterated Bush's declared intention to stick by the AG, saying, "I think the president has full confidence in the attorney general and whenever that changes for any public servant, we'll let you know, and I see no indication of that."
4:45: The New York Times and Yahoo News have photos of the hearing.
4:08: Lawmakers are now asking Gonzales about pet issues -- Specter on FISA, Cardin on voter intimidation -- which indicates all the bases have been well covered. Leahy just called a 10-minute recess. We'll keep an eye on things, but for all intents and purposes the hearing looks to be over.
4:00: In response to questioning from Cardin, Gonzales says he has "nothing to add" about Monica Goodling's role in the affair. Goodling was the top DOJ aide who hired a lawyer and invoked the Fifth Amendment when lawmakers asked to meet with her. She resigned two weeks ago.
3:50: Hatch to the rescue -- "attorney generals do not serve at the pleasure of the Senate"
3:39: Feinstein tells Gonzales in so many words that she does not believe his claim that the White House had nothing to do with the firings. Gonzales has said he did not select the dozens of prosecutors earmarked for possible termination, to which the California Democrat responded, "I may be very slow but I don't understand how this list was compiled." Referring to testimony from DOJ aides on Karl Rove and Harriet Miers' roles in the firings, Feinstein added, "Who selected the people who were put on that list? Somebody had to. A human being had to."
3:30: Under questioning from Leahy, Gonzales reiterates that Bush had absolutely no role in the firings and that he, Gonzales, has now told the committee every detail about his role in the firings
3:17: Rhode Island freshman Sheldon Whitehouse just had a go (was still reeling from Coburn), and next up is Arizona Republican John Kyl, who asks a couple short questions about the firings and then bizarrely veers off topic, asking Gonzales if he will help set up a meeting on funding for crime victims (he will) and then begins talking about Internet gambling regulations. Leahy isn't on camera, but he can't be terribly happy right now.
3:03: WOW. Coburn just said Gonzales should resign.
Coburn: "Why would we not apply the same standards you used to judge these individuals to your performance?"
Gonzales: "Obviously I have a lot of work to do--"
Coburn: "--That's not what I asked you.
Then...
Coburn: "There has to be consequences to accepting responsibility.... My considered opinion is that the exact same standards should be applied to you in how this was handled." Calling Gonzales' handling of the firings "incompetent," Coburn concludes, "I believe you ought to suffer the consequences that others have suffered. The best way to put this behind us is with your resignation."
2:56: Oklahoma Republican Tom Coburn takes Cardin's baton and runs with it. "Why would we not apply the same standards you used to judge these individuals to your performance?" That's a surprisingly harsh question from one of the most conservative lawmakers on the Hill. Gonzales' response is simply that he has learned his lesson.
2:45: Freshman Dem Ben Cardin raised the temperature a notch by demanding an answer for the question of the day: How can Gonzales possibly know no political ulterior motives drove the firings while also claiming he was not part of the decision-making process? The Maryland senator raises his voice while reminding Gonzales that five of the seven U.S. attorneys fired last December were involved in political corruption investigations.
2:40: For those scoffing at today's proceedings as so much sturm und drang, Grassley provides a useful reminder of how we got here. "I'm an equal-opportunity oversight person.... I feel on many occasions this administration has made many efforts to thwart my oversight efforts," he said in opening remarks. Gonzales is correct when he says that this hearing "is not about Alberto Gonzales" -- it's about the Bush administration, and lawmakers on both sides of the political spectrum tiring of the White House's seemingly aggressive brand of politics.
2:35: And they're back -- Grassley's there too -- Leahy walked over to personally offer condolences, by the looks of it, and the Iowa Republican starts things off
2:15: Resumption of the hearing has been pushed back to 2:30, a source says...
1:09: There's something to be said about the discomfiting spectacle of the nation's chief prosecutor singing for his supper, and there will likely be more of it when the rest of the committee gets a crack at Gonzales in less than an hour. Only he and Bush know why they are digging in their heels despite the bipartisan calls for Gonzales to step down. Maybe the administration has determined a resignation or firing of that magnitude would be more politically damaging in the long run. Gonzales is a close friend of the president -- former Defense Secretary Donald Rumsfeld was not -- which means there is a personal cost involved for both men as well. Not to mention stepping down would mean an ignominious end to the tenure of the nation's first-ever Hispanic attorney general, and lasting marks on both men's legacies.
Conservative blog Captain's Quarters and liberal blog TPM Muckraker are also following today's proceedings. Slate has a list of questions for Gonzales and is tracking which ones get answered.
12:50: Cindy Sheehan is among those in the Bronx cheer section, C-SPAN says.
12:38: Recess again -- and the protesters are loudly labeling Gonzales a "liar"
12:27: Any evidence that Gonzales ordered the firings specifically because the attorneys weren't "loyal Bushies" would likely have surfaced by now. The hearing has less the tenor of "what did you know and when did you know it" than "what kind of shop are you running?" -- a question, by the way, that quite a few conservatives are also asking of Gonzales. Illinois Dem Richard Durbin just pressed the AG for answers on why Patrick Fitzgerald was put on the "questionable" list as the Chicago-based prosecutor was pursuing a case against former Cheney chief of staff I. Lewis "Scooter" Libby. Gonzales says that he recused himself from all Libby-related matters, but that he would have had "serious questions" about investigating Fitzgerald's job performance. Which begs the question: Why didn't his most trusted aides?
12:26: Gonzales pleads the case for keeping his job yet again, and South Carolina's Lindsey Graham agrees that Gonzales has "done some good things"
12:16: Schumer has just finished a second stab at grilling Gonzales, and Leahy points out that the Senate recently stripped DOJ of the power to hire and fire prosecutors at whim when the PATRIOT ACT was reauthorized last month -- meaning, there are now a number of federal prosecutors' offices with vacancies at the top. Responds Gonzales: "We want to continue working with the Senate."
12:04: Some notes: Leahy had some inspired moments of frustration as the ranking Democrat on the committee back when Republicans were running the show. But it doesn't look as if his stress levels have changed at all -- he is clearly gunning for Gonzales in a big way, promising that today's hearing won't be the end of the AG's ordeal. Then he tells the spectators in the room to keep it down again.
11:53: Sessions is up, and he makes note of what is turning out to be a recurring theme in this hearing -- there is quite a bit Gonzales "does not recall" about significant DOJ matters -- Gonzales repeats that phrase yet again when asked about a Nov. 27, 2006, meeting he had with top aides about the firings, saying that everything he does know about that day he knows from his aides' testimony and his office calendar -- Sessions: "I am concerned about your recollection, really. It was not that long ago. That is troubling to me."
11:43: The potential political landmine that is the Georgia Thompson case surfaces for the first time -- Gonzales says he will "be happy to consider" asking DOJ's Office of Professional Responsibility to investigate the case, per Democrat Russ Feingold's request (Thompson's political corruption conviction was overturned two weeks ago by a three-judge panel that slammed the government's case against the Democratic aide as "beyond thin." Questions have surfaced about Wisconsin-based U.S. Attorney Steven Biskupic's role in that prosecution.)
11:34: Cornyn reminds everyone that under President Bill Clinton, former AG Janet Reno fired all 93 federal prosecutors shortly after taking office in 1993 -- he indicates that the current flap could have been prevented had DOJ better explained to the attorneys that they were being let go not because of performance but because the administration wanted to give those posts to someone else
11:31: Fellow Texan John Cornyn's turn -- the normally steadfast Bush ally repeats some prior criticisms of how Gonzales handled the firings, then gives AG the opportunity to list the things that should have been done differently -- Gonzales promises better communication and a "more structured and rigorous" review process in the future
11:30: Protesters -- Code Pink? -- yelling things at the AG -- everyone's back for continuation, Leahy is scolding the gallery
11:18: Recess time!
11:09: Asked about a list of "questionable" U.S. attorneys DOJ compiled, Gonzales admits he didn't look at any of their performance reviews -- Feinstein then reads a long list of Lam's accomplishments, noting she was "ranked one of the top 10 prosecutors in the country"
11:05: Calif. Democrat Dianne Feinstein is up -- asks "whose idea" it was to write into the PATRIOT ACT a provision allowing AG to hire and fire U.S. attorneys at will without consulting the committee -- Gonzales says he doesn't "have a recollection" of how that happened but that he personally does not want interference in personnel matters
10:57: Utah's Orrin Hatch, a reliably friendly presence for embattled Republicans who appear before the committee, is up -- asks Gonzales if he regularly makes decisions as AG based on polls -- Gonzales, not surprisingly, says he does not
10:53: Asked to explain why he should keep his job, Gonzales points out the numerous Republicans convicted by DOJ, adding that the department allowed former Rep. Bob Ney to enter a guilty plea on corruption charges weeks before the midterm elections rather than after -- Kohl responds with poll statistics indicating a majority of Americans believe the firings were improper (Check today's Poll Track (subscription) for a new poll about Gonzales at noon EDT)
10:51: Democrat Herb Kohl of Wisconsin is up -- after a couple of questions he begins reading a prepared statement laying into Gonzales
10:36: Brownback's turn, and he is asking Gonzales to explain the rationale behind each of the eight attorneys' firings -- on Nevada's Daniel Bogden, Gonzales says that "in hindsight" the decision to fire Bogden was "the closest call," admitting he didn't know anything about the prosecutor's job performance when the AG signed off on firing him -- Gonzales says Bogden was ultimately fired so DOJ could bring "new energy" into that office
10:35: Leahy said Republican Charles Grassley is absent due to a funeral
10:34: Kennedy asks how DOJ arrived at decision to fire San Diego's Lam -- Gonzales says "Lam is a wonderful prosecutor" but he had "genuine concerns about" her record on gun and immigration prosecutions (Lam's firing drew attention b/c she led the corruption probe into former Rep. Randy "Duke" Cunningham, a Republican)
10:26: Kennedy's turn -- Gonzales says he didn't have the most information about the attorneys' job performance and that he tasked Sampson, his former top aide, to engage in a review -- says that the firing recommendations represented "the consensus view of the senior leadership of" DOJ, leading Kennedy to ask how Gonzales could possibly know that the attorneys "weren't removed for improper reasons"
10:18: Did someone say something about this not being a game of "gotcha?"
Specter: "Is it fair to say you had only limited involvement in the process?"
Gonzales: I had knowledge there was a process going on --"
Specter: "--Were you involved in it?"
Gonzales: "I was involved in the process, to a limited extent. Yes sir."
Some time later...
Specter: "Weren't you involved in the evaluation of Bud Cummings, as Kyle Sampson testified?"
Gonzales: "I have no recollection about that, but I assume it is true."
10:14: Specter's turn, and things quickly turn snippy.
Specter: "I know you are prepared for this hearing--"
Gonzales: "--I prepare for every hearing, senator."
Specter: "Were you prepared for the press conferences?"
Gonzales: "I never said I was prepared -- I said I was prepared for every hearing."
Specter: "I don't think you're going to win a debate about your preparation."
10:11: Things are getting testy -- Leahy is asking about testimony provided by DOJ official William Mercer, who testified that Gonzales was involved in the decision to fire Carol Lam
10:08: Leahy is questioning. Gonzales says that New Mexico Sen. Pete Domenici never asked DOJ to fire former prosecutor David Iglesias
10:07: Watching on C-SPAN's Web site.
10:06: FOX cuts away. Boo.
10:05: FOX is still on it. Whew.
10:04: C-SPAN cuts away from the hearing, prompting much wailing in the newsroom
10:02: "U.S. attorneys serve at the pleasure of the president" -- (here we go again)
9:59: "Each of the eight U.S. attorneys deserved better," Gonzales says. "I regret how they were treated and apologize... for allowing this matter to become an undignified public spectacle" -- says he is no liar but "should have been more precise"
9:57: -- Gonzales takes the oath -- opens with words about the Virginia Tech massacre -- tells the committee he looks "forward to future achievements" -- ie, keeping his job
9:54: Republican Jeff Sessions is up -- tells Gonzales "I believe, frankly, you should have said no" to the firings, but adds, "You are a good person and I think that will show through"
9:53: Schumer acknowledges there's no smoking gun in this case, much less a violation of the law, but "when there is no cogent explanation for most of the firings... what are we to think?" He continues, "The circumstantial evidence is substantial and growing and the burden is on the attorney general to refute it"
9:51: Democrat Charles Schumer is up -- tells Gonzales "I hope we don't get meandering answers that take up time but don't answer the question" -- sure to produce a chuckle in the press gallery since the New Yorker is famous for a love of gab
9:49: Specter's left eye is very red -- is it infected? Looks painful
9:48: Specter: "This is not a game of 'gotcha'" -- "We want the hard facts so we can make an evaluation" -- Specter wants "a case-by-case analysis" of each U.S. attorney's firing
9:46: Specter is ticking off the sworn testimony provided by past and present DOJ aides that contradicts statements made by Gonzales -- C-SPAN is splitting the screen between the AG and Specter -- Gonzales looks concerned? stern? and is nodding periodically as Specter lists the various charges
9:43: Ranking Republican Arlen Specter is up -- notes that Gonzales is the nation's first Hispanic attorney general -- adds that the AG has a "heavy burden of proof" in persuading the committee he did nothing wrong
9:40: The administration has to "quit claiming the e-mails cannot be produced" -- referring to e-mails sent using RNC accounts from the White House
9:38: Leahy refers to "so-called voter fraud" as he ticks off the events leading to the scandal. "True accountability requires consequences for past bad actions," he tells Gonzales
9:34: Senate Judiciary Committee Chairman Patrick Leahy opens with some words about the Virginia Tech tragedy
9:30: Gonzales enters and gets a warm greeting from at least one senator -- Republican Sam Brownback of Kansas
Posted at 4:53 PM
Posted to:
Alberto Gonzales
Share via
