Gonzales to Resign:

The Washington Post is reporting that Attorney General Alberto Gonzales will resign this morning. CNN is reporting that the President will nominate Michael Chertoff as his replacement, and name Clay Johnson to head the Department of Homeland Security.

UPDATE: It's official. Gonzales has resigned. In a public statement, Bush announced that Solicitor General Paul Clement will serve as acting Attorney General until a replacement is confirmed. No word yet on whether Chertoff or someone else will get the nod.

Related Posts (on one page):

  1. Gonzales to Resign:
  2. The Chertoff Rumor:
  3. Could Gonzales Be Going?
uh clem (mail):
I'm confused. It used to be that resignations like this would be announced after 5 on Friday, preferably before a holiday weekend. By timing it to a low point in the news cycle, the ipmpact would be minimized. But both Gonzales and Rove announced their resignations on a Monday morning.

What gives? Has the 24/7 cycle of CNN/Fox/Blogosphere made the old approach obsolete? Or is this just double-reverse spin move?
8.27.2007 10:42am
MacGuffin:
Gonzales just wanted one more chance to lie to someone.
As recently as Sunday afternoon, Mr. Gonzales was denying through his press spokesman, Brian Roehrkasse, that he intended to leave.

Mr. Roehrkasse said Sunday afternoon that he had telephoned Mr. Gonzales about the reports circulating in Washington that a resignation was imminent, “and he said it wasn’t true, so I don’t know what more I can say.”
8.27.2007 10:48am
Jonathan H. Adler (mail) (www):
uh clem --

Maybe AGAG thought it was a good time become Howard is on vacation.

JHA
8.27.2007 11:05am
JosephSlater (mail):
Does Gonzales remember the reason he resigned? Or did he not attend the meetings where his resignation was discussed?
8.27.2007 11:06am
byomtov (mail):
JosephSlater wins the thread.
8.27.2007 11:17am
Jam:
The news I hard his AM was that Gonza,es called the POTUS by phone and at some point later met with POTUS. Is this a resignation or resignation?
8.27.2007 11:31am
Lively:
Jam,
Don't bring that kind of talk in here.
8.27.2007 11:48am
PLR:
So who's in charge of the circus now? To recap, Gonzo is gone-o. Deputy AG Paul McNulty is gone and his successor Craig Morford hasn't even been nominated. Associate AG William Mercer is gone.

True, the apparently anointed Paul Clement is the fourth ranking DOJ officer, but he already has a full time job with specific duties. Beyond that, what about this executive order from last December that suggests U.S. Attorney Michael J. Garcia (S.D.N.Y.) is next in line unless the AG has designated other officers under 28 U.S.C. 508?

www.whitehouse.gov/news/releases/2006/12/20061208-9.html
8.27.2007 12:01pm
PLR:
Quick note that Mercer was only the acting Associate AG, as his nomination stalled. (In my defense, based on the appearances before Congress of McNulty, Moschella, Goodling, Gonzo et al., it's pretty hard to tell who's acting.)
8.27.2007 12:06pm
Lively:
PLR,
It's more like volleyball, when one person serves the ball and the rest of the team rotates one position.

Okay-back to work.
8.27.2007 12:06pm
SP:
Do we really WANT anyone in charge of DOJ at this point? It may be for the best if it just runs itself...
8.27.2007 12:13pm
Dave Hardy (mail) (www):
So who's in charge of the circus now? To recap, Gonzo is gone-o. Deputy AG Paul McNulty is gone and his successor Craig Morford hasn't even been nominated. Associate AG William Mercer is gone.

Same as before. At Justice, the appointees are generally out of touch anyway. They get to put it on their CVs and it sounds important, but they spend most of their time flying around and giving speeches while the career managment makes all the decisions. DoJ could probably function indefinitely with no appointive slots filled at all.
8.27.2007 12:47pm
WHOI Jacket:
Oh, this confirmation fight should be entertaining.
8.27.2007 1:50pm
Angus:
My guess is that Bush avoids the confirmation fight by making a recess appointment, hence the timing. If Gonzalez had waited another week, Congress would be back in session.
8.27.2007 1:51pm
Colin (mail):
Angus,

That makes me wonder if this was a relatively impromptu change of course. This comes fairly late in that recess window, and the fresher the news of the resignation is, the more leverage it gives Congress. Is it possible the administration saw its window for a recess appointment closing, and blinked?
8.27.2007 2:02pm
Kelvin McCabe:
Undeterred...Harry Reid responds to the news with the statement that the House and Senate investigations of the DOJ will continue, "to get to the bottom of this mess."

Somehow i get the feeling that this will be an unfulfilled promise. Gonzo has sporadic fits of selective amnesia, Rove et al say they cant be compelled to testify or show up...the dem congress likely won't do anything serious about it and the Repubs can now simply argue that the dems (and handful of R's) got what they wanted out of their investigations and hearings thus far - Gonzales is out, time to move on - nothing to see here.
8.27.2007 2:59pm
Matthew Friendly (mail):
No need to nominate anyone else. Keep Clement as the "acting" AG through the remainder of the Bush administration.
8.27.2007 3:02pm
tvk:
Indeed, why not Clement for AG? He doesn't have the dint on his reputation that Chertoff has after running DHS; he appears to be relatively well-regarded by the Senate Democrats, yet still a reliable conservative; and he is a young star in Republican legal circles. Anyone want to start a Clement for AG campaign?
8.27.2007 3:13pm
MacGuffin:
This comes fairly late in that recess window, and the fresher the news of the resignation is, the more leverage it gives Congress. Is it possible the administration saw its window for a recess appointment closing, and blinked?


Uh, how does that make any kind of sense when Gonzales is not resigning until after the Senate is back in session?
8.27.2007 3:38pm
PabloF:
It appears that Chertoff is the front runner to take over for AG, but does it really make sense for Bush to make two cabinet-level appointments (with attendant confirmation hearings) at this stage?
8.27.2007 3:50pm
Just an Observer:
Indeed, why not Clement for AG? He doesn't have the dint on his reputation that Chertoff has after running DHS ...

Why risk sullying that good reputation by closer association with George W. Bush and his cynical attitude toward gaming the law?

As it is, Clement will be fortunate if his stint as acting AG does not bring him too close into that orbit. So far, the worst that could be said about Clement is that he has advocated, and sometimes lost, some questionable legal theories before the Supreme Court. But at least he was advocating in court for a client.

Clement already has been put in the hot seat over the Gonzales mess, a situation that is not mooted by the resignation. It is even possible that the next step ethically demanded of Clement in a DOJ internal investigation is what precipitated Gonzales' resignation.
8.27.2007 3:59pm
Colin (mail):
MacGuffin,

It doesn't. I hadn't read the announcement closely enough.
8.27.2007 4:22pm
JosephSlater (mail):
For the reason he quit, see here.
8.27.2007 4:34pm
EH:
Scuttlebutt I came across over the weekend when Chertoff's appointment was first being floated was that Hillary may have some score-settling with Chertoff in store over the Whitewater hearings.
8.27.2007 4:45pm
NickM (mail) (www):
Actually, Gonzales was completely unaware he was going to be resigning. He had signed a list of DOJ employees to be "resigning" (and he's not sure who prepared the list) and did not know that his name was on it or why his name was there.
;-)

Nick
8.27.2007 5:42pm
Dave Hardy (mail) (www):
No need to nominate anyone else. Keep Clement as the "acting" AG through the remainder of the Bush administration.

I seem to recall there is some statutory time limit on how long you can have an "acting" in an appointive post. I remember it came up during the Jimmy Carter Admin., which tended to ignore the rule.
8.27.2007 7:15pm
Just an Observer:
Judge Laurence Silberman's name has been floated as a possibility for lame duck AG. Floaters of this rumor include loyal surrogates such as Fred Barnes (on Fox News tonight) and Kate O'Beirne.

That would be an aggressive choice, not at all out of character for this president. Silberman has legal stature (and critics), is a longtime anti-FISA hawk, and already has taken senior status on the D.C. Circuit. As a footnote, Clement already worked for Silberman once, as his clerk.
8.27.2007 9:47pm
David Raymond Amos (mail):
http://actionlyme.org/FBI_WIRETAPE_TAPES.htm
8.27.2007 10:11pm
D. Boyer (mail):
So is Patrick Fitzgerald on anyone's short list at the White House to become AG?
8.28.2007 9:59am