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Gonzales rejects calls for resignation; e-mails show 2-year plan to oust prosecutors

WASHINGTON (AP) — For the second time in as many weeks, Attorney General Alberto Gonzales on Tuesday faced demands for his resignation over mismanagement at the Justice Department that resulted in misleading Congress.
    No wonder he looked rattled.
    The attorney general, speaking to reporters for nine minutes before stalking out of a hot, crowded room in his chambers, said he would not step down and vowed to fix what he called mistakes in how the Justice Department handled the firings of eight U.S. attorneys.
    Documents released Tuesday detail a two-year campaign by the White House and the Justice Department to purge the prosecutors, whom Democrats say were targeted because of politics.
    ‘‘I acknowledge that mistakes were made here,’’ said Gonzales, who attempted a smile at the start of his remarks but quickly shed it amid questions of whether he would quit. ‘‘I accept that responsibility.’’ He promised changes ‘‘so that the mistakes that occurred in this instance do not occur again in the future.’’
    It was the second time in as many weeks that Gonzales was under fire. Last week, the attorney general and FBI Director Robert S. Mueller admitted the FBI improperly, and at times illegally, used the USA Patriot Act to secretly pry out personal information about Americans in terrorism investigations.
    This week, Gonzales accepted the resignation of his chief of staff, Kyle Sampson. The aide, along with then-White House Counsel Harriet Miers, had begun discussing possible firings of U.S. attorneys in early 2005, according to e-mails released Tuesday.
    Gonzales, himself a former White House counsel, has been friends with President Bush for years, going back to when he served as Bush’s secretary of state in Texas. Bush retains full confidence in the attorney general, said spokesman Dan Bartlett, traveling with Bush in Mexico.
    ‘‘He’s a standup guy,’’ Bartlett said of Gonzales.
    As for the firings, Bartlett said White House officials had heard complaints from members of Congress regarding prosecutors and Bush had raised the subject during an October 2006 meeting with Gonzales. He described the exchange as ‘‘offhand’’ and said Bush did not name any specific prosecutors but did identify their states.
    ‘‘This briefly came up and the president said, ’I’ve been hearing about this election fraud issue from members of Congress and want to be sure you’re on top of it as well,’’’ Bartlett said.
    Bartlett said Gonzales responded, ‘‘I know and we’re looking at those issues.’’
    Democrats clamored for Gonzales’ to resign. And Republicans also said they were outraged at being misled over the circumstances of the firings. GOP Rep. James Sensenbrenner, who sits on the House Judiciary Committee, said the situation could cause Gonzales to ‘‘die by a thousand cuts.’’
    For nearly two months, Democrats have accused the Justice Department of playing politics with the prosecutors’ jobs. They suggested some of the U.S. attorneys were fired for either investigating Republicans or failing to pursue cases against Democrats. Several of the ousted prosecutors have told Congress they were improperly pressured by Republicans on pending cases.
    Top Justice officials, including Deputy Attorney General Paul McNulty, have maintained in congressional testimony the dismissals were based on the prosecutors’ performance, not politics. The fired prosecutors headed the U.S. attorneys’ offices in Albuquerque, N.M.; Grand Rapids, Mich.; Las Vegas; Little Rock, Ark.; Phoenix; San Diego, San Francisco and Seattle.
    The e-mails released Tuesday revealed that the firings were considered and discussed for two years by Justice Department and White House officials. The issue first came up in a February 2005 discussion between Sampson and Miers, officials said. At the time, Miers suggested the possibility of firing all 93 U.S. attorneys. Such purges of the political appointees often come at the beginning of a new president’s administration, not midway through.
    The e-mails show Sampson discouraged the across-the-board housecleaning but began a review to weed out prosecutors whom the administration deemed to be performing poorly.
    In a Sept 13, 2006, e-mail to Miers, Sampson listed one prosecutor, Bud Cummins in Little Rock, as ‘‘in the process of being pushed out.’’ Five others — in Arizona, Nevada, Michigan, San Diego and Seattle — were listed as U.S attorneys ‘‘we should now consider pushing out.’’
    Four days later, Miers responded: ‘‘Kyle, thanks for this. I have not forgotten I need to follow up on the info but things have been crazy.’’
    Sampson then drew up an elaborate five-step plan to replace the targeted prosecutors with as little political fallout as possible, which he sent in a Nov. 15, 2006, e-mail to Miers, deputy White House counsel William K. Kelley and McNulty.
    ‘‘We’ll stand by for a green light from you,’’ Sampson wrote to Miers and Kelley. Upon getting their approval, Sampson wrote, he asked that they ‘‘circulate it to Karl’s shop’’ — which officials confirmed was a reference to Karl Rove, Bush’s top political adviser and deputy chief of staff.
    White House approval came a month later.
    ‘‘We’re a go for the US Atty plan,’’ Kelley wrote in a Dec. 4, 2006, e-mail to Sampson and Miers. ‘‘WH leg, political, communications have signed off and acknowledged that we have to be committed to following through once the pressure comes.’’
    The term ‘‘WH leg’’ refers to the White House office of legislative affairs, which deals with Congress. Copies of dozens of Sampson’s e-mails to various White House and Justice Department officials were released by Congress and the Justice Department.
    They also included documents from J. Scott Jennings, the White House deputy political director, who e-mailed Sampson about the Little Rock prosecutor’s replacement from an address with a ‘‘gwb43.com’’ domain name. That domain is registered to the Republican National Committee, according to a Network Solutions tracking system.
    Democrats on House and Senate judiciary panels said they would subpoena Miers, Rove and other White House and Justice Department officials if necessary to have them testify about the reasons for the firings.
    Sen. Charles E. Schumer, D-N.Y., renewed his call for Gonzales to resign and was joined by a host of other Democrats, including national party chairman Howard Dean and presidential hopeful John Edwards of North Carolina.
    ‘‘This purge was based purely on politics, to punish prosecutors who were perceived to be too light on Democrats or too tough on Republicans,’’ Schumer said. ‘‘Attorney General Gonzales has either forgotten the oath he took to uphold the Constitution or just doesn’t understand that his duty to protect the law is greater than his duty to protect the president.’’
    Republicans also joined in the criticism.
    Sen. John Ensign, R-Nev., said the dismissal of the U.S. attorney in Las Vegas was ‘‘completely mishandled by the United States attorney general.’’ And Sensenbrenner warned that the Justice Department was ‘‘going to have to come up with some answers’’ in explaining the firings.
    ‘‘If they don’t, they’re going to lose everyone’s confidence,’’ Sensenbrenner said. ‘‘What I’d like to hear is the truth.’’
    ———
    Associated Press writer Laurie Kellman contributed to this report.

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