Gonzales Testifies Before Senate Panel, Part III

But I think you've set the bar way low for yourself, if that's your standard of where impropriety is, because -- and I'd like to hear you comment on this -- I think any effort to add any partisan or political dimension into a U.S. attorney's conduct of his office, irrespective of whether it's intended to affect a particular case or not, is something that we need to react to firmly, strongly, resolutely, and without any tolerance for it.

And yet you've set the bar so that it's not impropriety until it affects a particular case.

Why did you do that?

GONZALES: Senator, because the accusations that have been made primarily, certainly as an initial matter, was that there was something improper; we were trying to interfere with particular cases.

And that's why certainly the focus in my mind was to focus on: OK, well, what is the legal standard?

And I think it's important for us to understand, as an initial matter: What is the legal standard; what would be inappropriate or improper?

WHITEHOUSE: But something a lot less than that would be improper, would it not? I mean, when Admiral Byng got hanged there was the famous comment: Every once in a while you got to hang an admiral just to encourage all the others.

You know, if you hang a U.S. attorney every once in a while just to discourage all the others, even if your intention is not to affect a particular case, you have to agree that would be highly improper.

GONZALES: Senator -- well, it may be improper as a matter of management. Some would have to wonder: Is that really an appropriate way to manage the department?

But, again, Senator, you have to understand that...

WHITEHOUSE: Well, otherwise it would be obstruction of justice, correct?

GONZALES: ... that these individuals have served their four years, they're holding over. There's no expectation of a job here. There shouldn't be, because of the fact that they are presidential appointees.