WASHINGTON (Wednesday, May 2) – A bipartisan group of Judiciary Committee Senators sent the following letter to Attorney General Alberto Gonzales Wednesday seeking a confidential order delegating broad authority over hiring and firing practices to two of his aides.  Both aides have since left the Department of Justice. 

Senators Patrick Leahy (D-Vt.), chairman of the committee; Arlen Specter (R-Pa.), ranking member; Dianne Feinstein (D-Calif.); Chuck Grassley (R-Iowa); Charles Schumer (D-N.Y.); and Jeff Sessions (R-Ala.) sent the letter following a recent National Journal article disclosing the existence of the March 2006 memorandum. 

“The Committee has issued multiple requests for the Department to produce documents in its custody, possession or control related to the Committee’s investigation into the firings of U.S. Attorneys and alleged politicization at the Department, and to provide the Committee with the precise scope of the production,” the senators wrote.  “Despite these requests, the order has not been produced and its existence has not been disclosed.” 

Below is the text of the letter, attached is a pdf version. 

May 2, 2007

Honorable Alberto Gonzales
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Dear Attorney General Gonzales:

According to a National Journal article released Monday, the Justice Department last year changed the regulations governing hiring and firing practices for Justice Department employees.  According to this article, you signed a confidential order in March 2006 delegating to two of your aides, former Chief of Staff D. Kyle Sampson and former White House Liaison Monica Goodling, authority over the hiring and firing of most political employees of the Justice Department.

As reported in the April 30th article, the order stated:  “Under the authority of this delegation, any proposed appointments or removals of personnel who are 'inferior officers' within the meaning of [the] Excepting Clause of the Constitution shall be presented to the Attorney General... and each appointment or removal shall be made in the name of the Attorney General.”

The Committee has issued multiple requests for the Department to produce documents in its custody, possession or control related to the Committee’s investigation into the firings of U.S. Attorneys and alleged politicization at the Department, and to provide the Committee with the precise scope of the production.  Despite these requests, the order has not been produced and its existence has not been disclosed.  The order appears to be responsive to the Committee’s requests insofar as it dealt with the appointment and removal of inferior officers who are not subject to Senate confirmation, which would include interim and acting U.S. Attorneys.  Consequently, we ask that you please produce the order and all related documents immediately.

We look forward to your prompt response.

Sincerely,

PATRICK LEAHY                                                                  ARLEN SPECTER
Chairman                                                                           Ranking Member 

DIANNE FEINSTEIN                                                             CHARLES E. GRASSLEY
United States Senator                                                        United States Senator

CHARLES E. SCHUMER                                                        JEFF SESSIONS
United States Senator                                                       United States Senator

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