Sessions’ Questioning of Gonzales
The Washington Post has the full transcript of yesterday’s Senate Judiciary Committee hearing. In addition, TPM Muckraker has posted video of an exchange between Jeff Sessions and Alberto Gonzales.
Upon reading over the transcript, here’s what caught my attention:
SESSIONS: Well, Mr. Gonzales, with regard to United States attorney Iglesias, there were concerns about vote fraud. Senator Feingold has raised concern about a United States attorney in his district on vote fraud. Senator Cornyn has raised questions about a decision by a United States attorney in Texas on prosecuting Border Patrol agents.
So I would suggest, first, there’s nothing wrong with questioning a United States attorney, by a politician or anyone else — raising questions about it.
But I would tell you what I think Mr. Iglesias was entitled to, as a member of the Department of Justice who’s out there on the field, I think he should have been inquired of about this voter fraud case.
And I’m going to tell you, I have prosecuted voter fraud cases. They are the most controversial things you can imagine. And sometimes they look like they’re easy to prosecute. And I’ve been criticized, as attorney general, for not being aggressive in that. And I’ve been criticized as a United States attorney over those cases.
So I would just suggest to you that that is a delicate matter. And I think somebody should have met with him to ascertain his judgment on that.
GONZALES: Well, but I think — you’re absolutely right. It is a delicate matter.
It’s one thing to tell Mr. Iglesias, “How are you doing on voter fraud cases generally?” But if you’re talking about inquiring about a specific case, that is really delicate, because simply inquiring into the case sends a message to the United States attorney.
And if you mention, “Oh, by the way, the homestate senator, the guy who recommended you for this job, is concerned about how you’re doing on this case,” that’s really dangerous. And so…
SESSIONS: Well, perhaps, but you know, we’re all — United States attorneys have to be tough, too, you know? I mean, they have to defend what they do.
Apparently, Jeff Sessions thinks it’s entirely appropriate for a sitting US senator to call up a US attorney and inquire about the progress of investigations. The same sort of activity that has landed Sen. Pete Domenici (R-NM) a Senate Ethics Committee investigation.
It’s also interesting that Sessions chose to bring up his botched and misguided handling of voter fraud cases as a US attorney, since that’s largely what kept him off the federal bench back in 1986:
Sessions was U.S. Attorney for the Southern District of Alabama. The year before his nomination to federal court, he had unsuccessfully prosecuted three civil rights workers–including Albert Turner, a former aide to Martin Luther King Jr.–on a tenuous case of voter fraud. The three had been working in the “Black Belt” counties of Alabama, which, after years of voting white, had begun to swing toward black candidates as voter registration drives brought in more black voters. Sessions’s focus on these counties to the exclusion of others caused an uproar among civil rights leaders, especially after hours of interrogating black absentee voters produced only 14 allegedly tampered ballots out of more than 1.7 million cast in the state in the 1984 election. The activists, known as the Marion Three, were acquitted in four hours and became a cause célèbre. Civil rights groups charged that Sessions had been looking for voter fraud in the black community and overlooking the same violations among whites, at least partly to help reelect his friend Senator Denton.
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