Gonzales Aides Given Broad Authority to Appoint and Fire DOJ Attorneys and Other Employees -- Without Having to Inform Anyone

Technorati Tags: Alberto Gonzales, Kyle Sampson, Monica Goodling

There truly is no bottom limit to this administration's contempt for law and the Constitution. Here is Murray Waass on WHY the Attorney General kept telling Congress he didn't know about the DOJ firings: Because he deputized Kyle Sampson and Monica Goodling -- his former chief of staff and his White House liaison, respectively -- to do the firings for him ... without having to tell anyone, including the employees being fired, where the orders were coming from:

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. A copy of the order and other Justice Department records related to the conception and implementation of the order were provided to National Journal.

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.

The existence of the order suggests that a broad effort was under way by the White House to place politically and ideologically loyal appointees throughout the Justice Department, not just at the U.S.-attorney level. Department records show that the personnel authority was delegated to the two aides at about the same time they were working with the White House in planning the firings of a dozen U.S. attorneys, eight of whom were, in fact, later dismissed.

A senior executive branch official familiar with the delegation of authority said in an interview that -- as was the case with the firings of the U.S. attorneys and the selection of their replacements -- the two aides intended to work closely with White House political aides and the White House counsel's office in deciding which senior Justice Department officials to dismiss and whom to appoint to their posts. "It was an attempt to make the department more responsive to the political side of the White House and to do it in such a way that people would not know it was going on," the official said.

As was the case with the fired U.S. attorneys, the employees targeted for dismissal would never know that they had been selected by the White House or the Justice Department aides, according to records and interviews. Most of the eight fired U.S. attorneys were given the news by Deputy Attorney General Paul McNulty; by McNulty's chief of staff, Michael Elston; or by Michael Battle, another senior Justice official, typically with no mention of any role by anyone else.

An original draft of Gonzales's delegation of authority to Sampson and Goodling was so broad that it did not even require the two aides to obtain the final approval of the attorney general before moving to dismiss other department officials, according to records obtained by National Journal.

The department's Office of Legal Counsel feared that such an unconditional delegation of authority was unconstitutional, the documents show. As a result, the original delegation was rewritten so that in its final form the order required "any proposed appointments or removals of personnel" be "presented to the Attorney General... for approval, and each appointment or removal shall be made in the name of the Attorney General."

The senior administration official who had firsthand knowledge of the plan said that Gonzales and other Justice officials had a "clear obligation" to disclose the plan's existence to the House and Senate Judiciary committees -- but the official said that, as far as he knew, they had not done so. When the committees began to inquire into the firings of the U.S. attorneys, the official said, Congress had a right to know that the firings were part of an ambitious effort to install administration loyalists throughout the department. The official spoke on the condition that neither his position nor agency be identified, because he feared retaliation from his superiors and the White House for disclosing aspects of the program.

Referring to the firings of the U.S. attorneys and the broader plan targeting other Justice employees, the senior official said, "You cannot separate one from the other. They were one and part of the same plan by the White House."

The official added, "The president of the United States has said it was imperative for the attorney general, and the attorney general alone, to re-establish trust with the Congress to keep his job … and you have, even after the president has said that, the attorney general and his men stiffing Congress."

Once the order went into effect, the extent to which Sampson, Goodling, and the White House played roles in the hiring and firing of various officials in the upper reaches of the Justice Department is unclear.

Via Cernig by way of Memeorandum.