Mukasey Limits White House Contacts in Pending Probes
New guidelines issued by Attorney General Michael Mukasey limit contact between Justice Department and White House officials in pending civil and criminal investigations.
The guidelines say the Justice Department will advise the White House about such pending matters “only where it is important for the performance of the president’s duties and where appropriate from a law enforcement perspective,” the Wall Street Journal reports (sub. req.).
The guidelines were issued after criticism about contacts between the department and the White House before the firing of at least eight U.S. attorneys. Some of the fired prosecutors had received calls from lawmakers or political officials about pending investigations, the Wall Street Journal says.
The new guidelines would limit such contacts. But they would not bar discussions about public policy issues, the Washington Post reports, “presumably including decisions to hire or fire U.S. attorneys.”
The Wall Street Journal also says the guidelines leave open the possibility of collaboration on the drafting of legal opinions. Memos relating to the treatment of terrorism detainees and other national security matters have generated controversy.
The guidelines say only the White House counsel and deputy counsel may contact the DOJ about pending criminal cases, and they may talk only to the attorney general and his deputy, the Post story says. In pending civil cases, the associate attorney general may also be included in discussions.
