Published: August 28, 2007 12:00 am            

'It was going to happen sooner or later'

Transcript Staff Writer

When Alberto Gonzales announced his resignation Monday, local lawyers didn't seem surprised.

"It seemed to me that it was going to happen sooner or later," said Andrew Coats, dean of the College of Law at the University of Oklahoma. "I think that he had used up his credibility."

The attorney general probably left because of public outcry, not pressure from within the Bush administration, Coats said.

"He understood as long as he was there he was going to be a lightning rod" for negative comments about the administration, Coats said.

Such controversy has not surrounded an attorney general since John Mitchell, who held the position under former President Richard Nixon during part of the Watergate scandal, Coats said.

Mitchell was convicted of conspiracy and obstruction of justice in 1975.

Gonzales could have been held in contempt of Congress, but probably will not be now that he has resigned, Coats said.

"Probably once he's gone the matter would fall of its own weight and no longer be a major concern of any of the players," he said.

Norman lawyer Micheal Salem, who works mostly on First Amendment and civil-liberty cases, said he agrees the public probably will lose interest in the issues surrounding Gonzales.

He said he hopes, however, that Congress will not.

"I just hope the Congress does not decrease its oversight and investigation into those issues," Salem said.

For now, the president has named Paul Clement, the solicitor general, as a temporary replacement.

"His selection is probably intended to reflect that the choice is independent of political influences," Salem said.

The Justice Department traditionally has considered itself independent from political influences, Salem said, and the solicitor general is often considered independent even from the Justice Department.

The solicitor general represents the United States before the Supreme Court and is often treated by the court as a resource on many issues, Salem said.

"It's very important that he be independent and tied to the law and not to politics," he said.

One of the controversies over Gonzales was that he may have fired federal prosecutors because they were not loyal to the Bush administration, Salem said. So the president will probably try to nominate someone to the position who will look apolitical, he said.

Whoever the president nominates to permanently fill the position must be approved by Congress.

The Bush administration will probably look for someone respected by both parties to avoid a "knock-down, drag-out" fight over the confirmation, Coats said.

Julianna Parker 366-3550 jparker@normantranscript.com

        

• Click to discuss this story with other readers on our forums.