Deputy AG Says He Was Kept Out of the Loop on U.S. Attorney Firings

June 21, 2007 — -- The second in command at the Justice Department said Thursday that he was kept out of the loop regarding the controversial U.S. attorney firings last year.

Deputy Attorney General Paul McNulty testified to the House Judiciary Committee that he was consulted only toward the end of the process -- after October 2006, three months before the December dismissal of seven of the eight fired prosecutors.

"I had no knowledge of any plan to remove U.S. attorneys prior to October of 2006," he said.

Forming the List

McNulty said it was his belief that Attorney General Alberto Gonzales' former chief of staff Kyle Sampson, who resigned in March as the controversy began to heat up, was responsible for drafting the list of the U.S. attorneys to be fired.

"My best understanding is that Mr. Sampson put the list together, and that he put the list together based upon information that he gathered over an extended period of time, that he made changes to it from time to time based upon various inputs he received, conversations he had," McNulty testified.

Further discussing Sampson, McNulty said, "My best memory is he [Gonzales] said he directed Mr. Sampson to begin a process sometime in '05 that involved discussing with different people their views on the work of the U.S. attorneys."

Goodling Testimony

McNulty also disputed testimony from Monica Goodling, the former Justice Department White House liaison, who said McNulty was a key player in determining which of the prosecutors should be fired.

McNulty told the committee, "She was describing what my role was in this process."

"When I first learned of this, first consulted, it was in October, not before that, and so I had no knowledge of any plan to remove U.S. attorneys prior to October of 2006," McNulty continued, "and therefore no knowledge of any White House contacts or White House involvement. "

Goodling stepped down from her post in April.

McNulty 'Surprised' by Process

The committee released portions of its April 27 closed staff interview of McNulty, in which he said he was taken aback by the news of the U.S. attorney review. In that interview McNulty, a former U.S. attorney in Virginia, said, "I have to say that I was surprised. I did not know the process was going on. ... I just wasn't aware that this action was being contemplated and would be occurring."

Chance to Clarify Past Testimony

McNulty's testimony was also largely an opportunity for him to clarify testimony he gave earlier in the year before the House panel's counterpart, the Senate Judiciary Committee.

"My knowledge at the time I testified about the replacement of the United States attorneys was, in some respects, incomplete," McNulty said about his previous testimony about White House involvement in the firings.

McNulty had explained his statements to Sen. Charles Schumer, D-N.Y., in a private briefing after the earlier hearing, saying that he was not properly briefed by Justice Department staffers beforehand.

"I'm not in a position to conclude people were withholding information," he told the senator.

Attorney General's Role

McNulty also failed to provide much insight into the attorney general's role in the firings.

He said a November 27, 2006, meeting, at which the final decision was made on which U.S. attorneys would be axed, was his first meeting with Gonzales in relation to the firings.

"I don't remember the attorney general saying much at the meeting. I don't recall even much that I said. So it was not like a meeting with him personally," McNulty said.

"I was given an opportunity to voice any objections I had, and I voiced some objections," he continued.

'Your Were Thrown Under the Bus'

Rep Bill Delahunt, D-Mass., told McNulty, "I say this respectfully to you: I think you were poorly treated. I don't think that the process was done in a way that reflected well, in terms of the professionalism that I know exists in the Department of Justice.

"It's my belief that you were thrown under the bus," Delahunt added.

McNulty plans to leave the department by the end of the summer, but when he announced his resignation, he made no mention of the fired attorneys controversy playing any role in his decision.

'Hard to Accept'

After the hearing, House Judiciary Chairman John Conyers, D-Mich., told reporters that he believed McNulty's testimony was vague.

"It's hard to accept," Conyers said. "It begs credibility."