ACSBlog: The Blog of the American Constitution Society

Attorney General Michael Mukasey wrote in a memorandum that "only he and his deputy attorney general can initiate conversations with the White House about civil and most criminal cases – and then only to the president's counsel and deputy counsel. Only cases deemed necessary to the president's duties can be discussed," the AP reported. In addition, in some cases, the Associate Attorney General and Solicitor General may discuss civil lawsuits or legal appeals with the White House without getting prior approval.

According to the article, the memorandum "did not limit the discussions about national security cases, however, which Mukasey said should not be slowed by a bureaucratic approval process."

During President Clinton's two terms, the article noted, discussions on sensitive cases were limited to six people (two at the Department of Justice and four at the White House), but in the year after President Bush took office, the number of people was expanded to 459 (417 White House staff and 42 DoJ employees).

ACS held an event in October on principles to guide the Department of Justice under the next Attorney General, which included a discussion regarding limiting contacts between the White House and the Department of Justice. More information, including a discussion of the role of the Department of Justice, is available here.