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Here's my quick n' dirty transcript of the portion of today's hearing wherein Senator Whitehouse describes the explosion in numbers of permissible contacts between the WH and the DOJ with regards to communications about pending criminal investigations and criminal cases:
W (Whitehouse): Back to structure, again, AG-Gonzo. ... can we agree that in the enforcement of laws, the DOJ should be independent?
FG (Fredo Gonzo): Yes Sir.
W: Can we also agree that one of the institutions that the DOJ should be independent from, in the enforcement of laws, is the White House?
FG: No question about it Senator, if you're talking about prosecuting somebody in the White House (Hmmmm... who said that??). Yes, we should be independent from them when making those types of decisions.
W: ... and indeed there's a long history of concern about the connection between the White House and Justice...
FG: I think that's a legitimate concern.
WH: The docs I have given you are two letters: one is from AG Reno to Lloyd Cutler, the Special Counsel to the President, dated Sept 29, 1994, it lays out the policy for contact between the WH and the DOJ, in the Clinton Administration ... should only involve the WH Counsel or Deputy Counsel, or the President or VP, and the AG or the Deputy or Associate AG. Period.
The more recent, the other document you have in front of you is from April 15, 2002, and represents the policy of the Bush Administration regarding contact between the DOJ and WH. And there it says that contact regarding pending crimial investigations and criminal cases, should take place only between the "office" of the Deputy AG, and the "office" of the Counsel to the Pres. And then if you flip to the back... there's a list of exemptions...
Exemptions:
President Vice President Counsel to the President National Security and Homeland Security Officials Staff members of the Office of AG Staff of the Office of the President Staff of Office of VP Staff of Office of the Counsel to the President National Security Council Office of Homeland Security
Clinton Admin: WH: 4 people - President, VP, WH Counsel, Deputy WH Counsel DOJ: 3 people - AG, Deputy AG, Assoc AG
Bush Admin: 417 in WH 30+ in DOJ
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