Gonzales Testifies Before Senate Panel, Part III

GONZALES: Senator, I think that that's -- I do agree on that. And I do agree with you that structures and traditions are important. I agree with that as well.

WHITEHOUSE: Well, the second piece of the structure here that I think is significant is that, although you, as attorney general, are in command of the administration of justice in the federal system, there's actually very little prosecution that takes place out of main Justice.

The enormous majority of the prosecutive authority of the United States of America has been dispersed out into 93 judicial districts. and it's been dispersed to men and women who have certain characteristics.

One is that they're from the local community, and when they're done, they go back and they live in that local community.

WHITEHOUSE: And it's good for the administration of justice when they're accountable in that way for their decisions, given the power and often terror that prosecutive action can create in a family.

The second is that they've got to get a senator to sign off on it. In fact, they've got to get a majority of the whole Senate to sign off on it, and the president of the United States.

And when those things happen, it creates a corps, if you will -- c-o-r-p-s -- a corps of practicality, of common sense, of responsibility, of experience that I consider to be a huge value to the administration of justice in this country.

And in every way in which this was handled, it is highly destructive of that independence, whether it's people from Justice going out and taking these positions, whether it's ducking Senate confirmation, whether it's not bringing people from the local community up to take those positions or whether it's the general level of disrespect that's been shown for the United States attorneys through this whole process.

And I guess I'd like to ask you to comment. Do you think that that's a structural component of the administration of justice -- that dispersion of the authority out to 93 independent local U.S. attorneys -- that has value and that is important, that should be protected?

GONZALES: I do think it has value. And I think that the independence of the United States attorneys is important. I think United States attorneys should feel independent to exercise their judgment in prosecuting cases based upon the evidence.

However, I have to qualify that a bit, Senator, in that -- that with respect to policies and priorities, again, the president of the United States is elected based upon his policies and priorities.

WHITEHOUSE: I'll spot you that, Attorney General.