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Midterm dismissal of U.S. attorneys

During Bush's second term, a controversy arose over the Justice Department's midterm dismissal of seven United States Attorneys. The White House maintained that they were fired for poor performance. Attorney General Alberto Gonzales later resigned over the issue, along with other senior members of the Justice Department. The House Judiciary Committee issued subpoenas for advisers Harriet Miers and Josh Bolten to testify regarding this matter, but Bush directed Miers and Bolten not to comply with those subpoenas, invoking his right of executive privilege. Bush maintained that all his advisers were covered under a broad executive privilege protection to receive candid advice. The Justice Department determined that the President's order was legal.

Although Congressional investigations focused on whether the Justice Department and the White House were using the U.S. Attorney positions for political advantage, no official findings have been released. On March 10, 2008, the Congress filed a federal lawsuit to enforce their issued subpoenas. On July 31, 2008, a United States district court judge ruled that Bush's top advisers were not immune from Congressional subpoenas.

In all, twelve Justice Department officials resigned rather than testify under oath before Congress. They included Attorney General Alberto Gonzales and his chief of staff Kyle Sampson, Gonzales' liaison to the White House Monica Goodling, aide to the president Karl Rove and his senior aide Sara Taylor. In addition, legal counsel to the president Harriet Miers and deputy chief of staff to the president Joshua Bolten were both found in contempt of Congress.

In 2010, the Justice Department investigator concluded that though political considerations did play a part in as many as four of the attorney firings, the firings were "inappropriately political" but not criminal. According to the prosecutors, there was insufficient evidence to pursue prosecution for any criminal offense.