AN INTERESTING WRINKLE IN THE GONZOLES JUDICIARY

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ETHICS -- NUMBER OF WHITE HOUSE OFFICIALS ALLOWED TO INTERVENE IN DoJ CASES JUMPS BY 10,325 PERCENT: In his testimony last week before the Senate Judiciary Committee, Attorney General Alberto Gonzales said that it was "very important" that the Justice Department "be independent from" the White House. Sen. Sheldon Whitehouse (D-RI) noted that until 2002, to ensure such independence, there were just four people in the White House -- the President, the Vice President, the White House Counsel, and the Deputy White House Counsel -- who could participate in discussions with the Justice Department "regarding pending criminal investigations and criminal cases." Just three Justice Department officials were authorized to talk with the White House. This policy, outlined in a 1994 memo written by then-Attorney General Janet Reno, had been Justice Department tradition as "far back as anyone remembers." But in 2002, former Attorney General John Ashcroft rewrote the rules. There are now over 400 White House officials and 30 Justice Department officials who are eligible to have discussions about criminal cases. Further, according to former associate deputy attorney general Nicholas Gess, the way the policy currently reads, "an intern in the office of the deputy attorney general could be communicating about case-related information to an intern at the White House Counsel's Office." Whitehouse asked if "it was wise to allow so many people to discuss criminal matters between the Justice Department and the White House." Gonzales could offer "no insight into why changing the policy was a good idea," saying only that Whitehouse had a "good point."