Then he goes on to review a memo that Gonzales himself signed, actually extending the structure Ashcroft set in place. And while Ashcroft's memo made several attempts to tamp down this structure, in key ways he opened it up, explicitly for the Fourth Branch. Whitehouse describes how the memo describes that the lines of communication open to the White House will "apply in parallel fashion in communications with the OVP." And then he points specifically to a paragraph at the end of the memo reiterating the communications open to OVP. Gonzales, typically, claims to have no idea how those items got into a memo he signed personally.
Whitehouse: What on earth business does the OVP wrt ongoing investigations at DOJ.
AGAG: Good question.
Whitehouse: Why is it here then. I'd like to know how that addition was made. Once again, final paragraph, set off by asterisks, that undermines everything set out in previous paragraphs. President, VP, then you add their Chiefs of Staff, Counsel to the President, or Vice President. Somebody took the trouble to write in Counsel to VP and give them access to ongoing investigations.
AGAG: I don't know if that has happened.
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Lovely. Cheney--whose own Chief of Staff was indicted and convicted for impeding an ongoing investigation--now has usurped access to ongoing investigations, for himself, his Chief of Staff, and his Counsel, courtesy of AGAG. David Addington, the architect of the Unitary Executive, now gets to know what DOJ is doing with ongoing investigations. AGAG is doing marvelous work in DOJ.