D.C.’s acting attorney general, Peter Nickles, disputed charges Monday that he is a mere “puppet” of Mayor Adrian Fenty even as a key D.C. Council member said he would not support Nickles’ appointment as permanent attorney general.
“I will not support him as the new attorney general,” at-large Councilman Phil Mendelson, chairman of the judiciary committee, said of Nickles. “In my view there have been too many mistakes, errors of judgment.”
Nickles, Fenty’s confidant and former general counsel, was called to testify on a proposal to shift the authority to fire an attorney general from the mayor to the council. Mendelson said the legislation would guarantee the attorney general, the government’s lawyer, a measure of independence and job security, strengthening that office.
But Nickles argued the legislation would violate separation of powers in the Home Rule Charter. The council, Nickles said, “cannot lawfully pass this bill,” as it would undermine the mayor’s ability to execute laws by severing the link between the attorney general and the executive.
Fenty appointed Nickles as interim attorney general last month following the resignation of Linda Singer, who left amid talk that Nickles was usurping her authority.
Nickles can serve for six months as acting attorney general, then must be confirmed by the council to hold the job longer.
Ward 3 Councilwoman Mary Cheh said that Nickles’ interference was “bad policy and an invitation to mischief” and it demonstrated the weakness of the attorney general’s office, that it was so easily manipulated by the mayor’s top adviser. The attorney general, Cheh said, is “really the puppet of the mayor, whatever the mayor wants.”
Nickles took offense, arguing that after 45 years serving in a legal capacity, “I deserve not to be called a puppet.” He told the committee that his participation in attorney general-related matters was requested because of his “unique expertise” suing the District on behalf of the city’s most vulnerable residents.
Councilman David Catania said the issue would be resolved if the District were allowed to elect its attorney general, a change that would require an act of Congress. Nickles, a Virginia resident, said that he would accept the permanent attorney general job if asked, though he would have to move into the District.
Setting up an independent attorney general?
Council bill would:
» Provide for a six-year term in office
» Require a super-majority vote of council to remove attorney general
» Establish a review committee to vet attorney general nominees
