By Keith Koffler, CongressDailyAM
© National Journal Group Inc.
Wednesday, March 28, 2007

The U.S. Attorney Flap Previous coverage from CongressDaily: • House Passes Bill To Limit U.S. Attorney Appointments (3/27/07) • Conyers Wins Subpoenas But Won't Serve Them For Now (3/22/07) • A Constitutional Game Of Chicken (3/21/07) • Miers & Rove Can Be Interviewed But Will Not Testify (3/20/07)

Senate Judiciary Chairman Patrick Leahy, D-Vt., sent a letter Tuesday to Attorney General Alberto Gonzales demanding to know if senior counselor Monica Goodling is still a Justice Department employee and whether other key employees remain with the agency or have hired lawyers.

The letter came one day after news that Goodling, who also served as Justice's liaison to the White House, would invoke her Fifth Amendment right against self-incrimination rather than discuss with Congress whether she had a role in the firings of eight U.S. attorneys. Justice recently announced she had taken a leave of absence.

The letter also seeks the employment status of three other aides mentioned as possible witnesses: Michael Elston, chief of staff to Deputy Attorney General Paul McNulty; acting Associate Attorney General William Mercer and Michael Battle, the former top official in the Executive Office of U.S. Attorneys.

The letter contends Gonzales assured Leahy and other senators during a March 8 meeting that the four employees and his former chief of staff, D. Kyle Sampson, would cooperate with the panel's investigation so there would be no need for subpoenas.

In a statement Monday, Goodling's attorney said even truthful testimony could place her in legal jeopardy. Sampson has agreed to testify.

White House Deputy Press Secretary Dana Perino said Gonzales, with President Bush's support, has urged all Justice employees to cooperate with Congress. But she did not criticize Goodling's decision.

"I think it's unfortunate that a public servant no longer feels that her testimony would be treated fairly before the Congress," Perino said. "We must respect the constitutional right of the individuals involved, and we are not going to question decisions that she made in private conversations with her and her attorney to protect those rights."

Justice officials did not respond by presstime to a request for comment.

Meanwhile, the House Judiciary Committee said Tuesday it would convene separate hearings Thursday looking into the use of presidential pardoning power and ways of "ensuring" executive branch accountability.

"With Scooter Libby's recent conviction and the ongoing U.S. Attorney scandal that has revealed a severe lack of accountability in the executive branch, we found that these issues were relevant and necessary to investigate," said House Judiciary Chairman John Conyers, D-Mich.