WASHINGTON — Attorney General Alberto Gonzales announced Monday he will step down Sept. 17, leaving the lingering question of who will replace him.
Solicitor General Paul Clement will serve as the acting attorney general after Gonzales leaves. But the White House has not indicated when it will nominate his official replacement, who must be confirmed by the Senate.
Sen. Orrin Hatch, R-Utah, a senior member of the Senate Judiciary Committee and its former chairman, has been fighting off rumors that he is next in line for the job.
Committee Chairman Patrick Leahy, D-Vt., said on "Meet the Press" April 1 that Hatch was "actively running" to be Gonzales' replacement, to which Hatch replied, "Oh come on, Pat." Hatch was re-elected to another six-year Senate term in 2006.
Hatch's office mentions the day of Leahy's statement, April Fool's Day, as something to note when evaluating the comment. But another item to note is that Hatch's former spokesman, Peter Carr, started as the new deputy director of public affairs at the Justice Department last week. Carr insisted his move was not based on the possibility of Hatch taking over as attorney general.
Hatch has repeatedly sided with the Justice Department and Gonzales' role as attorney general. He said in a statement issued Monday that Gonzales "has been the president's strong right arm in fighting terrorists using the tools of law enforcement, and he helped successfully protect the American homeland during his tenure."
"I hope that history will remember Attorney General Gonzales for his honorable service to his country, rather than for the absurd political theater to which some critics have subjected him," Hatch said in a statement. "He has overseen the Department of Justice's efforts to protect children from Internet predators, to combat human trafficking and to prevent the spread of meth in our communities."
Hatch campaign manager David Hansen said while Hatch would make a good attorney general, "I don't think it is going to happen."
"I don't make the decision on it. This is a decision the president is going to make," Hansen said, adding he had not heard anything from the senator about it and that Hatch is "more valuable to Utah as a senator."
If Hatch were to be nominated and confirmed, someone would need to fill his Senate seat until the next election. Utah Attorney General Mark Shurtleff's name has come up as a possibility. Shurtleff said Monday he is "flattered" by the talk but is focusing on his present job. Shurtleff has announced he is running again for the statewide office in 2008.
If Hatch does get the nod from the White House, Shurtleff said the senator would be the right kind of person to lead the department. He said Hatch is "highly respected" by Democrats, which could make confirmation smoother.
"I would certainly support Orrin in whatever he does," Shurtleff said.
He said whoever has to take over the Justice Department will have his or her "hands full" in trying to regain credibility and boost morale of its employees.
Outside the Justice Department's main building, one member of the protest group Code Pink played a tambourine while the other sang "hey hey hey, goodbye" into a megaphone at cars going down Constitution Avenue. Code Pink members, known for showing up at congressional hearings dressed in pink police officer uniforms, have repeatedly carried banners asking Gonzales to resign. A poster showed a list with check marks next to "Libby," for Lewis "Scooter" Libby, Vice President Dick Cheney's former chief of staff who was convicted of lying and obstructing investigation in a CIA leak case; "Rove," for Karl Rove, Bush's deputy chief of staff, who announced his resignation two weeks ago; and "Gonzo" for the attorney general; with empty boxes next to Bush and Cheney.
Democrats — and some Republicans — have called for Gonzales' resignation for months because of his involvement, or lack thereof, in the Justice Department's firing of eight U.S. attorneys and the administration's policies on warrant-less wiretapping.
But Gonzales made no mention of those issues at a two-minute press conference Monday morning. Instead, he said leading the Justice Department has been one of his "greatest privileges" and that he has "lived the American dream."
"Even my worst days as attorney general have been better than my father's best days," Gonzales said.
The Senate and House Judiciary Committees have been conducting investigations into whether the administration unfairly fired U.S. attorneys based on political motives after conflicting stories came out as to why they were asked to resign.
Kyle Sampson, a Utah native who had served as Gonzales' chief of staff, resigned in March and took responsibility for the controversy that erupted over the firings before the Senate Judiciary Committee. Sampson had maintained the list of attorneys under consideration to be fired, but Gonzales said he signed off on the final decision.
"I think Attorney General Gonzales has made the right decision," said Rep. Jim Matheson, D-Utah. "As his credibility has eroded over the past few months, questions have persisted about whether he can effectively lead the Justice Department. There should be nothing partisan about the responsibilities of those who work for this federal agency. It's troubling that Mr. Gonzales may have allowed political pressure to dictate hiring and firing decisions there. I hope his replacement will restore confidence in the Justice Department's ability to ensure fair and impartial administration of justice for all Americans."
Sen. Bob Bennett, R-Utah, also said Gonzales made the right choice.
"It's clear the situation had become untenable and I think the attorney general made the right decision — both for himself and the president," Bennett said in a statement. "He has serviced the country to his best ability and I wish him well."
Rep. Chris Cannon, R-Utah, said: "Attorney General Gonzales is a good man and a dedicated public servant who rightly focused the Department of Justice on winning the war on terror. I wish him the best in the future. Now is the time to end the political witch hunts. Congress should concentrate on solving problems rather than chasing its tail."
E-mail: suzanne@desnews.com