Attorney General’s Resignation Raises Legal Questions

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• ALBERTO GONZALES, U.S. Attorney General:

  Yesterday I met with President Bush and informed him of my decision to conclude my government service as attorney general of the United States effective as of September 17, 2007.

• KWAME HOLMAN:

  For months, Attorney General Alberto Gonzales ignored calls for his resignation, arguing that decision belonged to the president. But during a weekend visit to the president's ranch in Crawford, Texas, Gonzales told Mr. Bush the time had come for him to step aside. This morning, the president said he agreed reluctantly.

  GEORGE W. BUSH, President of the United States: It's sad that we live in a time when a talented and honorable person like Alberto Gonzales is impeding from doing important work because his good name was dragged through the mud for political reasons.

• KWAME HOLMAN:

  The president had been one of Gonzales' remaining defenders since the firestorm surrounding the abrupt dismissal of eight U.S. attorneys exploded in February.

• GEORGE W. BUSH:

  He's got support with me. I support the attorney general.

  SEN. HARRY REID (D-NV), Senate Majority Leader: Gonzales should be fired.

• KWAME HOLMAN:

  Congressional Democrats, however, questioned whether Gonzales orchestrated the firings, which they called "politically motivated."

  SEN. PATRICK LEAHY (D), Vermont: It was an abuse of power, committed in secret, to steer certain outcomes in our justice system, and then to try to cover up the tracks.

• KWAME HOLMAN:

  During congressional hearings this spring, Gonzales maintained it was his Justice Department deputies who actually decided who should be fired, but when asked repeatedly was unable to provide any details.

• ALBERTO GONZALES:

  Senator, I have searched my memory. I have no recollection of the meeting; I don't remember where that conversation took place.

• KWAME HOLMAN:

  Eventually, Republicans began to lose confidence, questioning how Gonzales could run his department with so little knowledge of what his top staffers were doing.

  SEN. JEFF SESSIONS (R), Alabama: Your ability to lead the Department of Justice is in question. I wish that were not so, but I think it certainly is.

  SEN. TOM COBURN (R), Oklahoma: I believe that the best way to put this behind us is your resignation.

• KWAME HOLMAN:

  But Gonzales refused to do so.

• ALBERTO GONZALES:

  I serve at the pleasure of the president of the United States.

• KWAME HOLMAN:

  And the president remained by his side.

• GEORGE W. BUSH:

  I've got confidence in Al Gonzales doing the job.

• KWAME HOLMAN:

  But then a new barrage of criticism was leveled against Gonzales last month. He once again told members of the Senate Judiciary Committee that there had been no internal dissent over the administration's warrantless wiretapping program, revealed publicly in late 2005.

  SEN. ARLEN SPECTER (R), Pennsylvania: Mr. Attorney General, do you expect us to believe that?

• KWAME HOLMAN:

  Previous testimony by former Deputy Attorney General James Comey indicated there was exhaustive debate over the issue. Comey said Gonzales — then-White House counsel — even went to the hospital room of Attorney General John Ashcroft to pressure him to reauthorize part of the program.

• JAMES COMEY, Former Deputy Attorney General:

  Mr. Gonzales began to discuss why they were there: to seek his approval for a matter.

• KWAME HOLMAN:

  But Gonzales told senators that discussion with Ashcroft concerned a different intelligence program.

• ALBERTO GONZALES:

  The disagreement that occurred and the reason for the visit to the hospital, Senator, was about other intelligence activities. It was not about the Terrorist Surveillance Program that the president announced to the American people.

• KWAME HOLMAN:

  However, two days later, Gonzales again seems to be contradicted, this time by FBI Director Robert Mueller, who testified about the hospital meeting.

• ROBERT MUELLER, FBI Director:

  The discussion was on a national — an NSA program that has been much discussed, yes.

• KWAME HOLMAN:

  The administration's warrantless wiretapping effort was one of many controversial post-9/11 programs Gonzales had a hand in, first as White House counsel, then as attorney general. In 2002, Gonzales wrote a memo that many interpreted as condoning the torture of terror suspects. He also helped push through the Patriot Act, parts of which were criticized for violating civil liberties.

  Today, New York Democrat Chuck Schumer said the next attorney general must put the rule of law first.

  SEN. CHUCK SCHUMER (D), New York: And today I say to the White House that we Democrats implore you to work with us. Don't choose the path of confrontation and throw down the gauntlet with a nominee that we will find it difficult to accept.

• KWAME HOLMAN:

  Schumer is a member of the Senate Judiciary Committee, which will have a strong say in approving the next attorney general. However, the president has yet to announce a nominee. Solicitor General Paul Clement will serve as acting attorney general after Gonzales leaves office next month.