No Comment — May 31, 2007, 8:08 am

Will Fredo Be Disbarred?

Conviction on a felony works an automatic disbarment. Which helps explain why Alberto Gonzales is so eager to keep his fingers wrapped about the wheel of the nation’s prosecutorial machinery.

The New York Observer takes a careful look at the legal ethics of the man that George W. Bush prefers to call by the nickname of a famous Hollywood mobster.

Could a case be made that the chief law-enforcement officer of the United States should be disbarred? The question has emerged in the wake of what many consider to be damaging testimony by Monica Goodling, Mr. Gonzales’ senior counselor and the Justice Department’s White House liaison, before the House Judiciary Committee on May 23.

Ms. Goodling described a meeting in March where Mr. Gonzales said to her: “Let me tell you what I can remember,” and “laid out his general recollection” that the firings of the prosecutors had been performance-related. At his own appearance before the Senate Judiciary Committee in April, Mr. Gonzales told the panel that “I haven’t talked to witnesses because of the fact that I haven’t wanted to interfere with this investigation and department investigations.”

“It depends crucially on what the facts are,” said David Luban, a professor at the Georgetown University Law Center. “Given the most unfavorable interpretation, there’s clearly a case for disbarment.”

But the case against Gonzales doesn’t rest entirely on the divergences between his testimony and Goodling’s, damning though they are.

In gripping testimony before the Senate Judiciary Committee on May 15, former Justice Department official James Comey described a standoff in the hospital room of then–Attorney General John Ashcroft. President Bush was seeking the reauthorization of the National Security Agency’s eavesdropping program. Mr. Comey, then the acting Attorney General, had already refused to recertify the program because of concerns about its legality. But according to Mr. Comey, Mr. Gonzales, then the White House counsel, had raced to Mr. Ashcroft’s bedside to circumvent the department’s ruling.

For Mr. Gillers, this was an obvious example of obstruction of justice, a crime also forbidden by D.C. bar regulations. In his view, the Department of Justice had already deemed the program illegal. “By seeking to advance an illegal scheme with the advantage of D.O.J. approval,” he wrote, “Gonzales seriously interfered with the administration of justice.”

Gonzales’s ace in the hole at this point comes from the fact that he is a member of the Texas Bar. The president’s home state still features highway signs branding itself with the Bush name, and is tenaciously loyal to the Bush political machine even as the rest of the nation has gone sour. Moreover, Gonzales was a former director of the Texas State Bar, and his successor, Harriet Miers–also implicated in serious wrongdoing in the U.S. attorneys and voting fraud scandals–is a former president. All of which speaks volumes about the partisan game and legal ethics in the Lone Star State.

Share
Single Page

More from Scott Horton:

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2016

Fighting Chance

= Subscribers only.
Sign in here.
Subscribe here.

Front Runner

= Subscribers only.
Sign in here.
Subscribe here.

The Habits of Highly Cynical People

= Subscribers only.
Sign in here.
Subscribe here.

Unhackable

= Subscribers only.
Sign in here.
Subscribe here.

American Imperium

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Elisabeth Zerofsky on Marine Le Pen, Paul Wachter on the quest for an unhackable email, Rebecca Solnit on cynical people, Andrew J. Bacevich on truth and fiction in the age of war, Samuel James photographs E.P.L. soccer, a story by Vince Passaro, and more

I sat in a taxi with Emma and her son, Stak, all three bodies muscled into the rear seat, and the boy checked the driver’s I.D. and immediately began to speak to the man in an unrecognizable language.

I conferred quietly with Emma, who said he was studying Pashto, privately, in his spare time. Afghani, she said, to enlighten me further.

Illustration by Taylor Callery
Article
Front Runner·

= Subscribers only.
Sign in here.
Subscribe here.

"The F.N. asked to be sent to an institution whose legitimacy it did not accept, and French voters rewarded the party with first place in the election."
Illustration (detail) by Matthew Richardson
Memoir
I Am Your Conscious, I Am Love·

= Subscribers only.
Sign in here.
Subscribe here.

A paean 2 Prince
"And one thinks, Looking into Prince's eyes must be like looking at the world."
Photo ©© PeterTea
Article
Stop Hillary!·

= Subscribers only.
Sign in here.
Subscribe here.

"As wacky as it sometimes appears on the surface, American politics has an amazing stability and continuity about it."
Article
Plexiglass·

= Subscribers only.
Sign in here.
Subscribe here.

I sat in a taxi with Emma and her son, Stak, all three bodies muscled into the rear seat, and the boy checked the driver’s I.D. and immediately began to speak to the man in an unrecognizable language.

I conferred quietly with Emma, who said he was studying Pashto, privately, in his spare time. Afghani, she said, to enlighten me further.

Photograph (detail) by Karine Laval

Amount of cash inmates compete to grab from between a bull’s horns each year at the Oklahoma State Prison Rodeo:

$100

There were new reports of cannibalism in North Korea.

The Finnish postal service announced it will begin mowing lawns on Tuesdays.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today