Gonzales Defends U.S. Attorney Firings, Resists Resignation

April 19, 2007 — -- In a packed hearing room on Capitol Hill, embattled Attorney General Alberto Gonzales started the uphill climb to save his job as he testified before the Senate Judiciary Committee Tuesday.

Gonzales, facing tough criticism for his department's handling of the firing of eight U.S. attorneys last year, prepared to take on a barrage of questions in what the committee's top Republican called Gonzales' "reconfirmation hearing."

"As I see it, you come to this hearing with a heavy burden of proof to do three things," said Sen. Arlen Specter, R-Pa. "First, to re-establish your credibility; second, to justify the replacement of these United States attorneys; and third, to demonstrate that you can provide the leadership to the United States Department of Justice which has such a vital role in protecting our national interests and so many lives."

But after hours of questions from the panel, an exasperated Sen. Charles Schumer, D-N.Y., said Gonzales didn't meet that burden.

"You've answered 'I don't know' or 'I can't recall' to close to a hundred questions. You're not familiar with much of the workings of your own department. And we still don't have convincing explanations of the who, when and why, in regard to the firing of the majority of the eight U.S. attorneys," said Schumer.

"Thus, you haven't met any of these three tests," Schumer continued. "I don't see any point in another round of questions. And I urge you to re-examine your performance and, for the good of the department and the good of the country, step down."

Two former Iraq War veterans at the hearing, Adam Kokesh and Geoff Millard, kept a chart which showed that Gonzales said "I don't recall" or "I don't remember" 74 times. The men are affiliated with the group Iraq Veterans Against the War.

Critics Line Up Against Gonzales

After committee chairman Patrick Leahy, D-Vt., swore Gonzales in, and among the loud clicks of a plethora of cameras, the grilling of the attorney general began.

Straight out of the gate, senators hit Gonzales with tough questions about the controversial firings of the eight U.S. attorneys, which critics charge were politically motivated.

Loyal Oklahoma Republican Sen. Tom Coburn took the charges a step farther, saying the same personnel standards applied to the fired attorneys, and the same personnel decision should also apply to Gonzales.

"The communication was atrocious. It was inconsistent. It's generous to say that there were misstatements. That's a generous statement. And I believe you ought to suffer the consequences that these others have suffered," said Coburn.

"And I believe that the best way to put this behind us is your resignation."

During earlier questioning by Sen. Herb Kohl, D-Wis., about partisan politics playing a role in the Justice Department's decision-making, the usually reserved Gonzales railed fiercely against the charges.

"When you attack the department for being partisan, you're really attacking the career professionals. They're the ones -- the investigators, the prosecutors, the assistant U.S. attorneys -- they're the ones doing the work," Gonzales challenged. "And so, when someone says that we politicized a case, what you're doing is criticizing the career folks. And that's not right."

Gonzales also defended his own job.

"I have admitted mistakes in managing this issue. But the department, as a general matter, has not been mismanaged. We've done great things. And we will continue to do great things," he said.

Gonzales then laid down his most emphatic defense so far, declaring, "I have to know in my heart that I can continue to be effective as the leader of this department. Sitting here today, I believe that I can. And every day I ask myself that question, 'Can I continue to be effective as leader of this department?' The moment I believe I can no longer be effective, I will resign as attorney general."

But the panel continued to challenge Gonzales' effectiveness to lead the 110,000 employees of the Justice Department.

Gonzales assured a doubtful Sen. Richard Durbin, D-Ill., that he would strive to "re-establish trust and confidence with this committee and members of Congress, and, of course, with the career professionals at our department."

"And all the credit, everything that we do, the credit goes to them. And so, when there are attacks against the department, you're attacking the career professionals," Gonzales continued.

Durbin remained unconvinced. "Now, Mr. Gonzales, that is like saying, if I disagree with the president's policy on the war, I'm attacking the soldiers," he said.

"Your conduct of this department has made it more difficult for these professionals to do their job effectively," said Durbin. "And if you ignore that reality, then you cannot be effective as an attorney general."

Republicans Blast Attorney General

Senators from both parties took their turns eviscerating Gonzales, with strong criticism coming from his own party.

Sen. Jeff Sessions, R-Ala., a former U.S. attorney himself commented, "I believe that you should have been more involved in the entire process. I believe, frankly, you should have said no. I do not believe this was a necessary process, particularly the way it was conducted."

Republican Sen. John Cornyn, who served with Gonzales on Texas' Supreme Court, said, "General Gonzales, you and I have known each other a long time, and I believe that you are a good and decent man. But I have to tell you that the way that this investigation has been handled is just been -- been really deplorable."

Specter said he had real problems with Gonzales' statements and supposed lengthy preparations for hearings and press conferences. Admitted misstatements by Gonzales at a March 13 press conference have caused a headache for the Justice Department.

"I don't think you're going to win a debate about your preparation, frankly," said Specter. "But let's -- let's get to the facts. I'd like you to win this debate, Attorney General Gonzales."

"I'd like you to win this debate," Specter continued, "but you're going to have to win it."

Attorney General Pressed for Specifics

The senators also questioned Gonzales about the specifics of the plan to fire the eight U.S. attorneys.

Leahy focused on the firing of New Mexico U.S. attorney David Iglesias, and asked specifically about any discussions Gonzales had with President Bush, top White House political adviser Karl Rove and Sen. Pete Domenici, R-N.M.

Domenici has invited some questions of his own after Iglesias claimed the senator called him to try to influence prosecutions in his district. Domenici has admitted calling Iglesias, but said that he did not pressure the then-U.S. attorney.

Gonzales said he remembered complaints from Rove on U.S. attorneys in New Mexico, Philadelphia and Milwaukee about election fraud cases.

Gonzales could recall one conversation with Rove in the fall of 2006.

Regarding Iglesias, Gonzales said he was not responsible for compiling a list of names, and relied on recommendations from senior staff in the Justice Department, though he did admit, "I was not surprised that Mr. Iglesias was recommended to me, because I had heard about concerns about the performance of Mr. Iglesias."

Leahy asked who expressed those concerns, to which Gonzales replied, "Certainly, I'd heard concerns from Sen. Domenici."

Rove's Involvement Probed

Turning to the White House, Leahy asked the attorney general if he had conversations with Rove about U.S. attorneys.

Gonzales said, "I heard concerns raised by Mr. Rove. And what I know today, while I don't recall the specific mention of this conversation, I recall the meeting. It was that there was a meeting in October, with the president, in which the president, as I understand it, relayed to me similar concerns about pursuing election fraud."

Leahy again called for the White House to release documents and have officials testify, a move the executive branch has brushed off, citing executive privilege.

"If the White House did nothing wrong, then show us," said Leahy, "show us the documents and provide us with the sworn testimony -- the sworn testimony -- of what was done, and why and by whom."

"If there's nothing to hide, the White House should stop hiding it," Leahy said.

Asked about the Nov. 27, 2006, meeting attended by top officials, during which the decision to fire the U.S. attorneys may have been made, Gonzales said, "I have searched my memory. I have no recollection of the meeting. My schedule shows a meeting for 9:00 on Nov. 27, but I have no recollection of that meeting."

Sen. Charles Schumer, D-N.Y., asked Gonzales about a plan to replace Bud Cummins, the former U.S. attorney in Arkansas, with former Rove aide Tim Griffin, using authorities in the Patriot Act to bypass a Senate confirmation, required to permanently place the appointees in office.

Schumer then held up a large chart with a Dec. 19, 2006, e-mail from Gonzales' former chief of staff Kyle Sampson to the White House counsel's office which noted they "should gum this to death, to run out the clock."

"I didn't go along with it," Gonzales insisted.

Sen. Lindsey Graham, R-S.C., asked the attorney general why certain U.S. Attorneys were replaced.

"I guess what I'm trying to wonder, is this really performance-based or did these people just run afoul of personality conflicts in the office and we were trying to make up reasons to fire them because we wanted to get rid of them?" the senator inquired.

"Sir, I think if you look at the documentation, I think you can see that there is documentation supporting these decisions," Gonzales replied.

Graham didn't seem to agree.

"Mr. Attorney General, most of this is a stretch," Graham said. "I think it's clear to me that some of these people just had personality conflicts with people in your office or at the White House and, you know, we made up reasons to fire them. Some of it sounds good. Some of it doesn't. And that's the lesson to be learned here."

"Sir, I respectfully disagree with that. I really do," Gonzales said.

Graham shot back, "You are situationally aware that you have a tremendous credibility problem with many members of the Congress?"

Gonzales Offers Apology and Regrets

Gonzales said he's only talked to one of the fired U.S. attorneys since they were let go. But he did offer an apology to all of the fired attorneys.

"First, those eight attorneys deserved better. They deserved better from me and from the Department of Justice which they served selflessly for many years. Each is a fine lawyer and dedicated professional. I regret how they were treated, and I apologize to them and to their families for allowing this matter to become an unfortunate and undignified public spectacle. I accept full responsibility for this," Gonzales said.

Gonzales also admitted the toll the criticism has taken on him, saying: "These attacks on my integrity have been very painful to me."

White House Stands By Gonzales

Despite the senators' tough questions and criticism about the attorney general's responses from both sides of the aisle, the White House issued a statement saying the president was "pleased" with Gonzales' testimony. Bush is standing by Gonzales, who's been a part of his team since his days as the governor of Texas.

"The attorney general has the full confidence of the president, and he appreciates the work he is doing at the Department of Justice to help keep our citizens safe from terrorists, our children safe from predators, our government safe from corruption, and our streets free from gang violence," the statement said.

Gonzales didn't let the day of rough testimony keep him from other events important to the Justice Department. Two hours after the hearing, Gonzales attended a candlelight ceremony for National Crime Victims' Rights Week. Gonzales introduced Mark Lunsford, the father of Jessica Lunsford who was killed by a sex offender in 2005. He also plans to attend another vicitims rights event on Friday.

Leahy's Concern

But the good deeds of the Justice Department might not be enough to save Gonzales. Chairman Leahy echoed the seemingly collective worry of the committee over the future of the department.

"I cannot think of any time that I've been more concerned and more concerned for the system of criminal justice in this country," said Leahy. "So, with that, we stand adjourned."

ABC's Jon Garcia contributed to this report.