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DOJ - All we really need...Senator Kyl?

by rcs1

From this email exchange:

From: Sampson, Kyle
Sent: Tuesday, December 19, 2006 6:27 PM
To: 'Oprison, Christopher G.'
Subject: RE: Another Griffin article

My thoughts:

...
.4. The only thing really at risk here is a repeal of the AG's appointment authority. We intend to have DOJ leg affairs people on notice to work hard to preserve this (House 'members won't care about this; all we really need, is for one Senator to object to language being added to legislative vehicles that are moving through). There is some risk that we'll lose the authority, but if we don't ever exercise it then what's the point of having it? (I'm not 100 percent sure that Tim was the guy on which to test drive this authority but know that getting him appointed . . was important to Harriet, Karl, etc.)


commentary :: :: :: buzz-it!
"...is for one Senator to object to language being added to legislative vehicles that are moving through..."

Thanks to documents made available by the Justice Department and the tireless folks at  TPM we are now glimpsing the behind the scenes machinations of the DOJ (and White House) in the earliest days of the US Attorney purge fallout.  

Those words "all we need is one Senator" were penned by the now former Chief of Staff to the Attorney General, Kyle Sampson.  Apparently his call to the cavalry was answered, by the intrepid Senator from Arizona, Jon Kyl.

An attempt was made February 16, 2007 to pass a bill in the Senate reversing the changes that were made to the U.S. Attorney appointment process in the Patriot Reauthorization Act in March 2006.  Senator Kyl was there saying no, repeating the objection of Deputy Attorney Paul McNulty:

Democrats "are trying to create a scandal where none exists," Kyl said in an interview yesterday. "There's a lot of politics to this. ... Let's sit down and work out a [deal] that allows three or four amendments."

...

Kyl's chief concern is the bill's awarding of U.S. attorney appointment power to the courts if a permanent nominee is not named within 120 days, which the Arizonan believes may overstep the separation of powers. To push the administration to act quickly on openings, Kyl suggested the Senate should impose a deadline on itself.

"If it's important to make sure the president's got to send a nominee forward, one might also agree we should set a limit for the Senate to act on that nominee," Kyl said.
The Hill

As reported by TPMMuckraker and Roll Call, the DOJ withdrew its opposition to Senator Feinstein's attempt to reverse the change to the PATRIOT Act Reauthorization that allowed the appointment of indefinite interim US Attorneys.  Fortunately for the DOJ, Senator Kyl planned to continue his "objection."

To recap: Attorney General Gonzales's chief of staff, Kyle Sampson, sent an email on December 19th, 2006 outlining the strategy by which the Bush administration can look cooperative, but still block actual reinstitution of the senate confirmation process of U.S. Attorneys as it was pre-Patriot Act reauthorization (March 2006) -- One senator "objects" and basically stalls the process. The Dec. 19th email explains Senator Kyl's objection on February 15th, 2007. The Bush Administration gets to look like it is being cooperative, but Kyl still stalls the process.

Update [2007-3-13 23:14:6 by standingup]: Senator Kyl can't deny there was an opportunity for him to have spoken with the members of the DOJ. He has admitted speaking with them as noted in the Arizona Republic:

Even so, Charlton said that he told Arizona GOP Sen. Jon Kyl, a member of the Senate Judiciary Committee, of the call and that Kyl agreed to speak to officials at the department on his behalf. "Senator Kyl informed me that after his conversation with the Department of Justice that the department agreed they would reconsider their asking me to resign," Charlton said. ... Kyl, in a statement released by his office on Friday, said he had "been assured that both Attorney General (Alberto) Gonzales and Deputy Attorney General Paul McNulty are grateful for Paul Charlton's five years of service, as am I." ... On Thursday, the Senate Judiciary Committee in a bipartisan vote passed a measure opposed by Kyl to repeal that provision.
So much to read, so little time!  Any favorites?
Display:
manipulation of the law.

Not a good thing for the DoJ to be caught doing, or BushCo either.

Thanks for breaking it out.

by GreyHawk on Tue Mar 13, 2007 at 06:43:34 PM EST

from the same email you quoted:

I think we should gum this to death: ask the senators to give Tim a chance, meet with him, give him some time in office to see how he performs, etc: If they ultimately say, "no never" (and the longer we can forestall that, the better), then we can tell them we'll look for other candidates, ask them for recommendations, evaluate the recommendations, interview their candidates, and otherwise run out the clock. All of this should be done in "good faith," of course.


by roxy317 on Tue Mar 13, 2007 at 06:52:07 PM EST
And Gonzales conveniently agrees to go along with legislation that will effectively start the clock again.  Did he do this knowing Senator Kyl would be the trump card they needed to still win this hand?  

by standingup on Tue Mar 13, 2007 at 06:59:45 PM EST
[ Parent ]
"public domain", why didn't the reporters at the Press Conference ask some hard questions.  How could they possibly let him get away with "I knew nothing." "I will look into it."

by roxy317 on Tue Mar 13, 2007 at 07:03:24 PM EST
[ Parent ]
The White House and everyone can make a lot of noise about "conceding" and not putting up any obstacles to going back to the pre-Pat Act Reauthorization of March 2006. But they have Kyl be their "one senator" who objects and basically stalls the process?

The WH gets to look like it is being cooperative, but Kyl still stalls the process.

Did I understand it correctly.

by Cho on Tue Mar 13, 2007 at 06:57:10 PM EST

it looks like to me.  

by standingup on Tue Mar 13, 2007 at 07:41:25 PM EST
[ Parent ]
but I haven't gone through the entire document....

by clammyc on Tue Mar 13, 2007 at 07:42:00 PM EST
[ Parent ]
Kyle Sampson again ...

After President George W. Bush was inaugurated in January 2001, his administration sought to nominate new candidates to fill the U.S. Attorneys' positions. Kyle Sampson, who was President Bush's Associate Director for Presidential Personnel until late September 2001 and is now the Chief of Staff to the Attorney General, described the selection process to the OIG.

Read the report here Section B - Selection Process for US Attorneys.

by roxy317 on Tue Mar 13, 2007 at 07:26:33 PM EST

Here under a slightly different title (to draw more attention) Gonzales - All we really need...Senator Kyl?

by Cho on Tue Mar 13, 2007 at 08:53:58 PM EST
Sharp mind there - as usual!
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by wanderindiana on Tue Mar 13, 2007 at 10:02:14 PM EST
More credit should go to all of my associates at ePluribus.  Any sharpness there has been honed by working with them!

by standingup on Wed Mar 14, 2007 at 01:12:21 AM EST
[ Parent ]
never really apologizes; he just spouts what's known.  What he doesn't make clear -- being the lawyer that he is -- is that mistakes that were made were those involving specific plotting in written e-mails that are now available for all to read.

"Gee, we shudda told everyone to delete these messages from inboxes and sent boxes.  But we didn't.  That was a stupid mistake."

by Limelite on Tue Mar 13, 2007 at 11:35:41 PM EST

Good point and I have to wonder if there were other emails that weren't included with that batch.  

by standingup on Wed Mar 14, 2007 at 03:39:45 PM EST
[ Parent ]
this time, it's Margaret Talev, here E-mail excerpts show interest in preserving new powers

by Cho on Tue Mar 13, 2007 at 11:40:15 PM EST

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