FICTION: The Attorney General said he was unaware of the plan to fire U.S. Attorneys. "As we can all imagine, in an organization of 110,000 people, I am not aware of every bit of information that passes through the halls of the Department of Justice, nor am I aware of all decisions. As a general matter, some two years ago, I was made aware that there was a request from the White House as to the possibility of replacing all the United States attorneys. That was immediately rejected by me. I felt that that was a bad idea and it was disruptive." (Press Conference by Attorney General Alberto Gonzales, 3/13/07)
FACT: Kyle Sampson, the Attorney General's former Chief of Staff, said that Attorney General Gonzales was not being truthful. "I don't think the attorney general's statement that he was not involved in any discussions about U.S. attorney removals is accurate" (Kyle Sampson Testimony before the Senate Judiciary Committee, 3/29/07)
FACT: Kyle Sampson discussed the plan with Attorney General Gonzales before he left the White House Counsel's office.
Senator Schumer (D-NY): First, let's go over some of the attorney general's statements.
As you know, at a press conference on March 13th, the attorney general discussed this process of dismissing the U.S. attorneys and he said, "I never saw documents. We never had a discussion about where things stood." Was that statement accurate?
Kyle Sampson: I don't think it's entirely accurate what he said. I don't remember if the attorney general ever saw documents. I didn't prepare memos for him on this issue. But we did discuss it as early as -- before he became the attorney general, when he was the attorney general designate in January of 2005, I think; and then, from time to time, as the process was, sort of, in a thinking phase through 2005 and 2006. And then I remember discussing it with him as the process sort of came to a conclusion in the fall of 2006. (Kyle Sampson Testimony before the Senate Judiciary Committee, 3/29/07)
FACT: Kyle Sampson discussed the plan with Gonzales multiple times.
Senator Schumer (D-NY): So were there at least five?
Kyle Sampson: I don't remember specifically, but it would -- I spoke with him every day, so I think at least five. (Kyle Sampson Testimony before the Senate Judiciary Committee, 3/29/07)
FACT: Kyle Sampson continually briefed Attorney General Gonzales on the progress of the plan to fire eight United States attorneys. "Well, as I said in a previous answer, the attorney general was aware of this process from the beginning in early 2005. He and I had discussions about it during the thinking phase of the process. Then after the, sort of, more final phase of the process in the 2006 began, we discussed it. He asked me to make sure that the process was appropriate, that I was consulting with the deputy attorney general and others in developing the list. And then ultimately he approved both the list and the notion of going forward and asking for these resignations." (Kyle Sampson Testimony before the Senate Judiciary Committee, 3/29/07)
FACT: Karl Rove and then-White House Counsel Alberto Gonzales decided that the U.S. Attorneys should go. "David – Karl Rove stopped by to ask you (roughly quoting) 'how we planned to proceed regarding US Attorneys, whether we were going to allow all to stay, request resignations from all and accept only some of them, or selectively replace them, etc.' I told him that you would be on the hill all day for the Judge's hearings, and he said the matter was not urgent." (Email from Colin Newman, Office of White House Counsel, to David Leitch, Office of White House Counsel, as reported by ABC News, 3/15/07)
FACT: Attorney General Gonzales was even involved in picking the U.S. Attorneys to be fired.
Senator Schumer (D-NY): Similarly, DOJ spokesman, on March 24th, Ms. Scolinos, said the attorney general did not participate in the selection of U.S. attorneys to be fired. Was that an accurate statement?
Kyle Sampson: I don't think that's an accurate statement. (Kyle Sampson Testimony before the Senate Judiciary Committee, 3/29/07)
FICTION: Attorney General Gonzales denied being involved in White House deliberations regarding the US Attorney firings. "I don't remember that conversation…During the process there may have been other conversations about specifically about the performance of U.S. attorneys. But I wasn't involved in the deliberations as to whether or not a particular United States attorney should or should not be asked to resign.'' (NBC News, 3/26/07)
FACT: This was contradicted by his Chief of Staff Kyle Sampson and Associate Attorney General William Mercer. "Mr. Schumer said Monday that Mr. Sampson recalled that in early March, Mr. Gonzales had told him about the White House conversation -- the first time, Mr. Sampson said, that he learned of the president's concern. Mr. Sampson's lawyer, Bradford A. Berenson, declined to comment on the interview. According to Mr. Schumer, Mr. Sampson said he believed Mr. Gonzales had attended a June 2006 meeting in which Ms. Lam's removal was discussed. Another official, William W. Mercer, the acting associate attorney general, recalled with greater certainty that Mr. Gonzales was at the meeting, Mr. Schumer said." (New York Times, 4/17/07)