Ashcroft attended a September news conference in Newark where Christie named him as monitor for Zimmer Holdings Inc., of Warsaw, Ind., one of five makers of replacement hips and knees that agreed to pay $310 million and accept federal monitors to settle concerns over doctor kickbacks. Ashcroft's Washington, D.C.-based consulting firm, The Ashcroft Group LLC, stands to make from $27 million to $52 million over 18 months, according to a filing with the Securities and Exchange Commission.

Christie would be a more meaningful witness than Ashcroft given Christie's responsibility for this no-bid madness.

Such agreements have been increasingly used by the Justice Department, including several times by Christie in recent years for medical device makers, a pharmaceutical company and a hospital.

Will Christie testify?

Judiciary Committee spokeswoman Melanie Roussell said the Justice Department would send a U.S. attorney from Georgia to testify rather than Christie.

"I would like to see both Ashcroft and Christie testify," said [Rep. Frank] Pallone, a Democrat from Long Branch who has proposed legislation tightening oversight on deferred prosecution agreements. "I think you need to have input not only from Ashcroft, the appointed monitor, but from Christie, because we need to know the processes involved in selecting these monitors, the basis and substance of these agreements."

Perhaps a more firmly worded request for Christie's testimony, backed the threat of a subpoena, would secure testimony that's likely more important than Ashcroft's.