Senator Wants Firewall Between White House And Justice Department Investigations

A freshman Democratic Senator is working to pass a bill on Thursday that will put limitations on communications between the White House and the Justice Department regarding pending law enforcement business. The bill's author intends to prevent the politicization of Justice Department criminal and civil prosecutions.

"We need to restore Americans' confidence that politics has no place in the administration of justice in our country," Senator Sheldon Whitehouse, a Rhode Island Democrat, told the Huffington Post in a statement. "Requiring the Department of Justice and the White House to disclose who is authorized to discuss pending investigations and cases will be an important step in that effort. Even Attorney General Gonzales admitted that the greatest threat to the Department's independence came from the White House, so this portal between the White House and the Department bears careful scrutiny."

Whitehouse's bill, which is co-sponsored with Senator Patrick Leahy (D-VT), states that only certain "covered officers" in both the Justice Department and White House may discuss ongoing criminal or civil investigations carried out by the Justice Department. The bill also requires the Attorney General and President to notify the Senate and House Judiciary Committees when new covered officers are designated.

The bill was prompted by the July revelation of the so-called 'Gonzales memo' during a Senate hearing with now outgoing Attorney General Alberto Gonzales. The memo, signed by Gonzales in May 2006, gave the Office of the Vice President the same power to peer into the workings of the Justice Department's law enforcement activities as the President's top aides.

"What - on earth - business does the Office of the Vice President have in the internal workings of the Department of Justice with respect to criminal investigations, civil investigations, and ongoing matters?" the Senator asked Gonzales on July 24.

Gonzales, who appeared unaware of the memo's content in the hearing, acknowledged that granting such authority to staff in the office of Vice President Dick Cheney, such as his Chief of Staff and Counsel, was worrisome.

"On its face - I must say - sitting here, I'm troubled by this," Gonzales admitted at the time.

A spokeswoman for Senator Whitehouse could not say how often the authority had been employed by White House staff.

The senator's exchange with Gonzales touched on the fault line of allegations of White House political interference in the Justice Department's law enforcement activities. Democrats in Congress have long expressed their concerns that nine US Attorneys were fired in 2006 and 2007 because they were unwilling to either pursue or hold back certain political corruption prosecutions.

The bill will be brought up in Thursday's business meeting of the Senate Judiciary Committee. A spokesperson for Senator Arlen Specter, the Ranking Republican on the committee, had no comment on whether he would support Sen. Whitehouse's legislation.

The Huffington Post sought comment from both the Justice Department and the White House on the legislation, but neither responded at press time.

Comments

[WigWamWag]

Bush's ongoing plan:
1. Cover Your Assets at all times,
2. Protect/defend the W. legacy,
3. Forget or hide any questionable activity,
4. Let others take the blame,
5. Be quick to take any credit,
6. Use Rove style media spin to demonize any opposition,
7. Assume authority and superiority,
8. Demonize anyone who questions the stated authority and superiority,
9. Wrap the GOP conservatives up in the flag and give them rewards for Bush Neo-con loyalty, and
10. Declare all hostile aggressions as patriotic and supported by the constitution.

[Sundialsvc4]

This is a proper justification for an IMPEACHMENT TRIAL to be enacted immediately against Gonzales, who although he has resigned his post is still in office.

It is "patently ineffectual" for the Senate and the House to bandy-around with legislation that side-steps the essential problem.

"The essential problem" is that the Congress has been aiding-and-abetting and facilitating this war since the beginning and has not once wavered from its blackmail demands for "The Oil."

It's .. all .. about .. The .. Oil ..

[Macready]

Thank you Senator Whitehouse . . . I do hope it passes . . . keep going . . . with luck we might get this corrupt administration behind bars where they belong

[SamEllison]

daniel you are right, be careful what you ask for, it's time to hunt some 'licans. Hillary's DOJ, WOW look out naughty white boys.

[StopThePlanet]

What the stonewall isn't good enough?

[daniel155]

The problem with this is that future presidents will have to live with this change which as basically a response to Gonzales firing the U.S. attorneys.

The Justice Department is part of the executive branch and if it is given too much indepence it will become a quasi-branch of government. Rather than try to weaken the executive branch through legislation like this we should demand more from the Attorney General and the president who appoints him or her.

Remember, this change would apply to Democratic presidents as well so be careful what you ask for.

[BrickSykes]

No, Dan, you're wrong and Senator Whitehouse is Right!

The Constitution DEMANDS that the Judiciary remain independent at all times. If there is an opportunity for one branch or the other to gain an advantage, through influence, over any other branch, quasi- or not, the Rule of Law will be abused. See "Murphy's Law."

Senator Sheldon Whitehouse is one of the most astute and intelligent members of the new Democratic Congress. As we've seen through the DOJ investigations, when Any branch operates in secrecy and without proper oversight, bad things happen that are detrimental to our Government.

I'm certain that is Not what you want....

Brick

[gcallaghan]

The change is really undoing what Bush and Gonzo did. The firewall is a return to pre-Bush separations of duties that minimized the politicalization of the DOJ. In fact, I think the Republican legislature strengthened the existing firewall while Clinton was under investigation. If that level of restriction was required then, it certainly still is now.

[anastasiabeaverhousen]

Nunzia is correct - it's all smoke and mirrors with Specter. In the end, he takes it in the "end" and votes with the w. I wonder if he ever gets a reach around or if he just does it for kicks?

Seriously, I'm also wondering if it takes a constitutional amendment to have the AG become an ELECTED official?

That might help put an end to the egregious miscarriage of justice that the bush league administration has thrust upon this nation.

[Trollstakeyourmeds]

That Jeff Gannon is a busy little fellow, isn't he!!!

[nunzia]

OK, let's all sit back and watch Arlen argue vigorously in favor of this, then remind us that he was a prosecutor, and then do what he always does: vote the way W wants.

[takemeaway]

The fact that we're even talking about a "fire wall" shows just how badly Bush and Co. have screwed up our government.

From prosecuting innocent democratic party members, to trying to thwart investigation of republican wrongdoing, to making the civil rights division into the take care of the white guys and make sure no democrat ever gets elected division, to caging voters and urging false voter fraud indictments, to removing anyone who wasn't a loyal Bushie, to hiring completely incompetent children to ride herd on seasoned attorneys, to to to...

There's not enough time in the day to write about the stuff we KNOW about, much less what we don't know.

Amazing.

Politicizing the Department of Justice as they have done is criminal in and of itself. Ironically, this department is the one we'd have to use to investigate the White House.

Democrats have actually been successful in breaking the White House grip on the Department of Justice. They need to follow-up and make sure this kind of blind corruption never happens again.

I don't think a fire wall is enough.

[BrickSykes]

You're probably right. The Firewall we had before 2000 was fine for the Democrats being honest, and all. The Democrats Trust the Constitution and the Rule of Law; its the Republicans who don't Trust the System. They really can't afford to; since they don't have the numbers, they're forced to cheat as in 2000 and 2004 (and 2006, but it wasn't enough!)

But, any Firewall, like a Padlock, is made for honest people. Anyone wanting to violate it can find easy ways or buy their way around it.

Brick

[gcallaghan]

Wait until the trolls start crying about the next administration's unconstitutional powers after Dems take over in '09. I can't wait for the fucking hypocrites to speak out.

[accountability]

excellent.
Good for him.

somebody has to get these idiots back in their assigned fricking places.

Well, no, let me rephrase that. Somebody has to hold these bastards back from being able to tweak and finagle so they can be investigated properly and then be removed to their newly assigned places.

[Mercedes]

I forgot who the dork was that allowed this "mass communication" between the White House and the Dep't of Justice. I recall when Ashcroft was AG, the White House had 3 (Bush, Cheney, and Cheney's assistant) people that could get direct info from the DOJ; and the DOJ had 3 people (the Attorney General, the Deputy AG, the Assistant AG) that could get direct info from the White House.

After Ashcroft left, then all the sudden the DOJ had over 35 people allowed to get info from the White House, and OVER 400 PEOPLE in the White House allowed to get info from the DOJ!!!

(I couldn't find the exact numbers and dates of the change, but I'm pretty sure that I am close to being correct about this info. TOTALLY UNBELIEVEABLE THAT THIS COULD HAPPEN!

[BrickSykes]

Believe this...If Cheney needed access to ongoing investigations to warn would be perps, you can bet your arse that David Addington "researched" the issue and told him it was "legal." Addington needs to be subpoenaed and testify. When his brain is picked, a whole world of new info will be revealed.

The RepugniKons are in total shock, and are barely managing to look calm. They All know they're going down, its just a matter of when and at what cost. You see, they actually believed they had accomplished a "Permanent Republican Majority." PERMANENT!! Can you believe that there are people in the world with so little connection to reality that they'd actually come to believe that a "Permanent" anything is possible!

Jesus Christ, Guys, Everything in the Universe is TEMPORARY!! Everything!

Brick

[loslobo]

"picked"? They should waterboard the whole lot

[gcallaghan]

Gee, thanks, Cletus. That's a real helpful suggestion. Leahy's bound to appreciate you freely sharing your vast knowledge of all things political with him.

The bill is designed to restrict access to information on ongoing investigations to those with a need to know. It specifically bypasses the VP's office, I wonder why. Oh. I know. It's a way of disabling Cheney's early warning system installed by Gonzo so he could tip off targets of probes and know who was testifying to what and when they testified.

Ya think there was a legitimate need for Cheney to have that information?

[Trollstakeyourmeds]

The only one who seems to decide which information that is crucial for Cheney to have, appears to be Darth, himself. I guess he may have a point since he is the only member of his whatever the hell branch he's designated himself. Unfortunately, he won't live long enough to see all of this secrecy and subterfuge (sp?) come back to bite the repubes in the ass, when the next Dem. Pres. claims the same powers.

[Sanjong Thapa]

someone remind Leahy that The Justice Department is part of the Executive Branch of gov't.

[testerwebbdemocrat]

yeah get right on that, as soon as someone reminds this executive branch that they work for us.

[syllepsis]

If the President didn't turn it into his own racketeering operation, the firewall wouldn't be necessary.
God, I despise Republicans.

[Plowboy]

"Justice is Mine!" saith the Bush.

[Trollstakeyourmeds]

We all do, my friend...we all do.

[dogjudge]

You're right it is.

Now please explain to me when the Republican party became part of the Executive Branch?

The Justice Department is supposed to serve the American people NOT this President NOR the whims of the Republican party.

[IMORPHEUS]

SANJONG...That is simply not correct.

There are 3 distinct 'branches' of the United States Government:

The Legislative Branch(Consisting of the Congress and Senate)

The Judicial Branch(Which consist of the Supreme Court, Federal Courts, Justice Dept. and F.B.I/A.T.F/D.E.A law enforcement agencies)

The Executive Branch(Which overseas the Defense and State Department, as well as multiple domestic governmental departments and agencies too numerous to mention, here)

THE JUSTICE DEPARTMENT, is a branch that has oversight and regulation by BOTH the Executive AND Legislative Branches, of the United States Government.

Please, pick up a copy of 'Civics For Dummies', before you un-cork your head out of your ass, and show us how ignorant you are.

Thank You.

[IMORPHEUS]

An added bit of information for our dim-witted colleague, here.

The Legislative Branch of the U.S. Government MAKES THE LAWS...

The Judicial Branch of the U.S. Government ENFORCES THE LAWS...

With all the revisionism, hypocrisy, dissembling of information conservatives have to sort these days -along with their talking points- I hope that isn't too complicated to follow...

[daniel155]

The Judiciary consists of the Supreme Court and lower federal appeals and district courts. The Justice Department, like it or not, is part of the executive branch

[bdl0715]

DoJ, FBI and all other federal law enforcement agencies, except the Capitol Police, are part of the executive branch. The only thing in the Judicial Branch are the federal courts.