The exodus of top Justice Department officials continues with Richard
Hertling--embattled Attorney General Alberto Gonzales's point man in
dealing with Congress--slated to resign next week to take a top policy
job with the soon-to-be-announced presidential campaign of Fred
Thompson, a senior Justice official confirmed to NEWSWEEK.
Hertling, who has been serving as acting attorney general for
legislative affairs, is the latest in a parade of departures in recent
months that is threatening to leave the Justice Department virtually
denuded of senior political appointees. Since the controversy over the
firing of U.S. attorneys erupted earlier this year, more than half a
dozen top officials have either resigned or announced their intention
to do so, including Deputy Attorney General Paul McNulty, his chief of
staff, Michael Elston, Acting Associate Attorney General William
Mercer, Gonzales's chief of staff, Kyle Sampson, and White House
liaison Monica Goodling.
"The Titanic is sinking," Bruce Fein, a former top Justice
Department official under the Reagan administration and a sharp
Gonzales critic, said today about Hertling's resignation. "The fact is
the department has become dysfunctional. Gonzales is going to be left
with no subordinates."
A mild-mannered and well-regarded former Senate staffer,
Hertling has been in the line of fire in the battle over the abrupt and
seemingly inexplicable firings last year of nine U.S. attorneys. He has
also been forced to repeatedly clean up public misstatements by the
attorney general and others at Justice, turning over a steady stream of
newly discovered internal e-mails and other documents that have
contradicted previous explanations for why and how the prosecutors were
dismissed. In one notable example, in March Hertling had to send a
letter to Congress retracting the department's previous denial that
White House aide Karl Rove's office had no involvement in the
replacement of the U.S. attorney in Arkansas--a retraction that, along
with other revelations, ultimately led House and Senate Judiciary
committees to subpoena documents and testimony from White House
officials. (The White House this week asserted Executive Privilege over
the documents and said it was instructing two subpoenaed former
officials--ex-Rove political deputy Sara Taylor and ex-White House
counsel Harriet Miers--not to testify.)
There have been no allegations that Hertling himself misled
Congress; instead, even congressional critics have accepted that he was
simply passing along to lawmakers assertions from higher ups that later
turned out to be inaccurate. For his part, Hertling has told colleagues
his resignation is not directly related to the U.S. attorney flap;
instead, he has told them he was eager to go to work for Thompson, for
whom he once worked as a press aide in the Senate. "Ever since
Thompson's name first got mentioned, Richard was hoping and praying
that he would get into the race," said one senior department official,
who asked not to be identified talking about personnel matters.
Still, Hertling's job is one more top post that the attorney
general will now have to fill at a time when he is under siege from
Capitol Hill. In recent weeks, Gonzales has been struggling to find
replacements for McNulty and others. Although he has personally sought
to recruit candidates to fill the top slots, the attorney general has
found few, if any, takers. One veteran lawyer who was recently
approached for a high-level position (and who asked not to be
identified talking about private conversations) said he made it clear
that he had no interest in going to work for the Justice Department
right now. "Are you crazy?" the lawyer said when asked if he would
consider the idea.