Tod Lindberg makes a pretty good case for an underlying motive to the Democrats' ongoing persecution of U.S. Attorney General Alberto Gonzales. The surface issue is the firing of eight U.S. attorneys who the administration claims were sacked because they were not on board with Bush law enforcement philosophies, which includes among other things a focus on voter fraud. Early announcements of the firings characterized U.S. attorney decisions not to pursue voter fraud and illegal immigration cases as "performance" issues. But clarifications and apologies were issued to both the attorneys who had been removed and to congress for the misunderstanding.
You might think that would clear up the matter, since it is the President's right and duty to appoint U.S. attorneys. However, the investigation into these removals is alive and well. It's a remarkable performance in which congressional Democrats have been investigating the possibility that there were political motives behind the dismissals.
Democrats in the House and Senate say they intend to press ahead with their investigation to determine whether partisan politics played a role in the dismissal of the eight U.S. attorneys.
For their part, Republican leaders counter that politics is driving the investigation.
Sen. Mel Martinez (R-Fla.), the GOP party chairman, sent out a message Wednesday accusing Democrats of "feigning outrage" over the Justice Department's actions.
"There is no question that U.S. attorneys, like all political appointees, serve at the pleasure of the president," Martinez said. "That was true when Bill Clinton's Justice Department replaced all 93 U.S. attorneys, and it remains true today."
As the Democrats press forward, Mr. Lindberg points out that there is a method to their madness. It's not really Gonzales the Democrats are after. It's the opportunity to negotiate the confirmation of his replacement. Former Representative Elizabeth Holtzman, who served on the House Judiciary Committee when it voted to impeach Richard Nixon in 1974, has written a book entitled The Impeachment of George W. Bush: A Practical Guide for Concerned Citizens. She and others recall the chain of events leading up to the resignation of Richard Nixon over the Watergate scandal. Take the case of Richard Kleindienst, who had resigned as Nixon's attorney general.
Nixon looked to his recently installed secretary of defense, Elliot Richardson, to move over to the Justice Department. The confirmation process before the Democratic-controlled Senate Judiciary Committee was brutal. The price of confirmation for Richardson was his willingness to appoint a "special prosecutor" with a broad mandate and a grant of independence to investigate the Watergate crimes and unfolding coverup.
The price for confirmation of Gonzales' replacement will be another special prosecutor, one the Democrats hope will be far more successful than was Patrick Fitzgerald, who failed to find any conspiracy or coverup in the White House over the Valerie Plame affair. As with that faux scandal, this one is nurtured and kept alive with help from the media. With their support the current House Judiciary Committee Chairman, Representative John Conyers, who by the way has his own book on the market, George W. Bush Versus the U.S. Constitution: The Downing Street Memos and Deception, Manipulation, Torture, Retribution, Coverups in the Iraq War and Illegal Domestic Spying, remains in the hunt.
Lately however, Gonzales' prospects for staying on have improved.
The mostly muted five-hour hearing in front of the House Judiciary Committee was a sharp contrast to Gonzales‘ sometimes testy appearance three weeks ago when Senate Republicans questioned his competence to run the Justice Department. One senator at that session joined a small GOP chorus saying he should step down.
That did not satisfy exasperated Democrats, who accused Gonzales of being evasive.
"I accept responsibility," Gonzales answered.
President Bush steadfastly has stood by Gonzales, his longtime counselor and friend. Even career Justice Department staffers angered by the attorney general‘s response to the firings acknowledge Gonzales appears to have beaten back calls to leave.
We can expect that the calls for Gonzales to leave will keep coming. Next up in the witness chair is Monica Goodling who earlier had refused to testify, citing Fifth Amendment protections against self incrimination, and who, through her lawyer, had accused Senate and House Democrats of setting a perjury trap. Ms. Goodling has been granted immunity, and so she will testify. House and Senate Democrats will undoubtedly say there is something in Ms. Goodlings testimony that cries out for the resignation of Alberto Gonzales. But it's not Gonzales that they care about. It's that special prosecutor. And if you think this is a witch hunt...