Attorney General Eric Holder said Monday that the Justice Department has to remain independent of improper influences, but that in national security cases like the trial of Khalid Sheikh Mohammed the Attorney General should work with the White House.
In response to a question from Main Justice about the politics surrounding the KSM trial, Holder said that because of the subject matter, it was necessary to coordinate with the White House.
“It’s a matter of national security, so in dealing with that and making the ultimate decision, I think it’s appropriate for the Attorney General to be interacting with the national security team at the White House, and discussing it with the President,” said Holder.
Holder did not say whether the White House was advising him on where the trial location or the potential political fallout.
“The Justice Department has to remain independent,” said Holder. “It’s a different thing when you’re talking about national security where I think a more wide ranging discussion is appropriate involving our national security partners in addition to the national security team at the White House.”
Those comments are in line with a May 11 memo sent to all U.S. Attorneys and the leaders of Justice Department components on the issue of communications between the White House and the Justice Department. Holder wrote that Justice “will advise the White House concerning pending or contemplated criminal or civil investigations or cases when – but only when – it is important for the performance of the President’s duties and appropriate from a law enforcement perspective.”
The limitations laid out in that memo are meant to avoid politicized communications from taking place, but do not extend to national security matters, including counter-terrorism and counter-espionage issues.
“[T]hese guidelines and procedures are not intended to wall off the Department from legitimate communication,” Holder wrote. “We welcome criticism and advice. What these procedures are intended to do is to route communications to the proper officials so they can be adequately reviewed and considered, free from either the reality or the appearance of improper influence.”
