Democrats May Tie Confirmation to Gonzales Papers

The switch was made on Sunday by the White House with no input from Justice Department officials, said two sources with knowledge of the matter. The change added another level of uncertainty to life at the Justice Department, where nearly every top senior official has resigned in the wake of controversies under Gonzales.

"Peter is the acting attorney general," President Bush said Monday morning as he introduced the nominee to replace Gonzales. "Paul Clement, who agreed to take on this role, will remain focused on his duties as solicitor general, so he can prepare for the Supreme Court term that begins just two weeks from today."

The move raised eyebrows among liberal advocacy groups and Democratic lawmakers who had stalled Keisler's nomination by Bush for a seat on the U.S. Court of Appeals for the District of Columbia Circuit. Keisler's earlier nomination to the U.S. Court of Appeals for the 4th Circuit was blocked by Maryland's senators.

As head of Justice's civil division, Keisler oversaw the administration's defense against lawsuits alleging violations of the rights of U.S. military prisoners at Guantanamo Bay, Cuba. He is a co-founder of the Federalist Society, a conservative legal group, and clerked for Supreme Court Justice Anthony M. Kennedy and former appeals court judge Robert H. Bork. He also helped lead the unsuccessful bid to place Bork on the Supreme Court.

"It's interesting that the White House chose to appoint a lawyer in this way . . . something that would be pleasing to ultraconservatives," said Nan Aron, president of the Alliance for Justice, a liberal group. Washington lawyer Carter G. Phillips, who recruited Keisler to the Sidley Austin law firm in 1999, said he will exert a calming influence at Justice after months of low morale and rocky relations with Congress.

Schumer, who has been in touch with Fielding, stopped short of saying he is brokering a deal but said: "I made it clear to the judge how important it was to solve this. I'm trying to make sure everything works out." Schumer said he talked with Mukasey about habeas corpus issues, wiretapping, "the unitary theory of the executive," and problems in the civil rights division. Mukasey promised he will return with answers.

Schumer said Mukasey told him that he would ensure that only the attorney general or "one or two" top deputies -- not U.S. attorneys -- could field inquiries from politicians on the department's work. The new rule would make it a firing offense for a U.S. attorney to fail to refer such calls to Washington. Schumer believes that element is key to avoiding further scandals.

Mukasey will have a private, half-hour meeting this morning with Senate Majority Leader Harry M. Reid (D-Nev.).

Staff writer Carrie A. Johnson and washingtonpost.com staff writer Paul Kane contributed to this report.