http://thinkprogress.org/2007/05/17/griffin-120-days/Gonzales Allows Karl Rove-Protege To Remain As U.S. Attorney, Even Though His Term Has Expire
On Jan. 18, Attorney General Alberto Gonzales told the Senate Judiciary Committee, under oath, that he never intended to take advantage of a Patriot Act provision that allows the President to appoint “interim” U.S. attorneys for an indefinite period of time, without Senate confirmation:
(snip)
Before the Patriot Act was changed in 2005, the Attorney General could appoint interim U.S. attorneys to serve for a maximum of 120 days. After that time period, they needed to receive Senate confirmation or the federal district court in the vacant office’s district would name a replacement.
As emptywheel notes at Firedoglake, Griffin’s 120 days were up on April 20. Griffin has announced that he had “made the decision not to let my name go forward to the Senate.” Yet the Bush administration has not named a replacement candidate.
(snip)
UPDATE: The Arkansas Blog notes that Griffin was appointed under the Patriot Act, and therefore is legally allowed to serve indefinitely. Yet nevertheless, Gonzales still promised senators that he never intended to take advantage of the provision.