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.
- March 1, 2006 – Gonzales delegates hiring and firing in the DOJ to Sampson and WH Liason
- March 6, 2006 – Patriot Act1 passes the Senate
- March 7, 2006 – Patriot Act1 passes the House of Representatives
- March 9, 2006 – Patriot Act1 signed by Bush [with Signing Statement]
- April 2006 – Monica Goodling becomes DOJ WH Liason
1 containing a clause allowing the AG to appoint Interim USA’s indefinitely
In a new statement, Senate Judiciary Chairman Patrick Leahy (D-VT) said the secret order “would seem to be evidence of an effort to hardwire control over law enforcement by White House political operatives,” and demanded that it be turned over to congressional investigators immediately:
This memorandum should have been turned over to Senate and House committees as part of requests made in ongoing investigations. I expect the Department of Justice to immediately provide Congress with full information about this troubling decision as well as any other related documents they have failed to turn over to date. Patrick Leahy
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