Preserving United States Attorney Independence Act of 2007
Floor Speech
PRESERVING UNITED STATES ATTORNEY INDEPENDENCE ACT OF 2007 -- (Senate - March 20, 2007)
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Mrs. MURRAY. Mr. President, every American needs to have confidence in our system of justice, but in the last few weeks that confidence has, frankly, been deeply shaken. Each day, we get new evidence that the Bush administration injected partisan politics into a process that requires independence, and each day we get more proof this administration has not been telling the truth.
I am here today on this floor to support the bill to restore the Senate's constitutional advise and consent in confirming nominees to serve as U.S. attorneys. I am deeply troubled by the many ways the Bush administration has politicized the administration of justice because it threatens all Americans.
Recently, we learned that the administration's political meddling reached into my own home State of Washington, and it led to the firing of a U.S. attorney who had received an excellent job performance review only months, months before he was fired. When I asked for answers, the Justice Department told me things that were not true. Deputy Attorney General Paul McNulty assured me the firing of John McKay was performance related. I didn't believe it at the time, and, unfortunately, the past few weeks have only confirmed my suspicions.
As the facts come out, the administration's untruths are coming to light. First we were told the White House had no role in the firing. Now we learn this whole scheme originated in the White House. At first we were told the firings were performance related. Now documents have disclosed that the Justice Department was evaluating U.S. attorneys based on their loyalty to the administration. We were also told a significant change in the PATRIOT Act was needed for national security and would not be abused. That also was not true. Every day, this story gets worse and worse and climbs higher up the political ladder. Now we have learned that senior officials in the White House, including the President's former counsel, Harriet Miers, and his top political adviser, Karl Rove, were key players in these firings.
Why should folks at home care if the White House and Justice Department are politicizing the Office of the U.S. Attorney? It matters, and it matters for two reasons.
First, any American can become the subject of a civil or criminal investigation by a U.S. attorney, an investigation that could upend their life or ruin their reputation, destroy their business, and ultimately cause the Government to take their life or their liberty. That is a tremendous amount of power, and we need to make sure the people who wield that power are launching investigations based on the facts and based on the law--not based on political pressure.
Second, after all the ways the Bush administration has undermined the rights and liberties of our citizens, we need to vigorously stand up and fight back whenever new abuses come to light.
I believe we could have gotten the facts sooner if we had gotten straight answers from the Attorney General from the start. Unfortunately, Mr. Gonzales can't seem to get his stories straight. At a press conference last week, he said he didn't know about it, but he is responsible for it. He said mistakes were made, but the firings were appropriate. He said he believes the U.S. attorneys should be independent, but they can be fired for any reason.
Two years ago, I voted against confirming Alberto Gonzales as the Nation's top law enforcement officer. As I said in February of 2005, he ``lacks the independence and honesty to be Attorney General.'' I also said his troubling record would not assure public confidence in the fair administration of justice. I take no joy in saying that my fears have been borne out.
How did we get here? Last year, when Congress updated the PATRIOT Act, a change was inserted at the request of the White House. This change was not debated. It was made without the knowledge of many of us here in the Senate. Today, we know that change to the PATRIOT Act played an important role in this entire scheme. It significantly lowered the difficulty of removing any U.S. attorney and replacing him or her without consulting anybody.
We need to end these abuses. I support the bill that is before the Senate today because it will restore the Senate's role in confirming U.S. attorneys, and it will also restore a critical check on the administration's power.
Traditionally, when there has been a vacancy for a U.S. attorney, the White House has sent a nomination over here to the Senate. Last year, the White House changed that procedure.
The ACTING PRESIDENT pro tempore. The time of the Senator has expired.
Mrs. MURRAY. I ask unanimous consent for 1 additional minute.
The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.
Mrs. MURRAY. Last year, the White House changed that procedure by slipping a change into the PATRIOT Act reauthorization. With that change, the White House was then able to install interim U.S. attorneys indefinitely without going through the normal Senate approval process.
This bill which is before us now restores the role of the Senate in confirming interim nominees. This legislation will force the White House to work with the Senate and home State Senators. This bill is an important step to protecting the U.S. Attorney's Office from the politicization it has suffered.
I urge my colleagues to take a step forward for justice and pass this critical reform today.
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