Congress Probes Dismissals of U.S. Attorneys
An ex-chief of staff to a congressman, who's now a leadership aide, a congresswoman herself, and a senator all may have improperly intruded into investigations by several U.S. attorneys who were recently asked to resign by the Justice Department. And the department allegedly then tried to encourage six U.S. attorneys not to talk about their resignations publicly.
That is according to some eight hours of sworn testimony this week–under subpoena–before both the House and Senate by the six former attorneys. The group includes Carol Lam, the U.S. attorney in San Diego who was in charge of prosecuting then Republican Rep. Randy "Duke" Cunnin gham, and David Iglesias of New Mexico, who was investigating corruption probes of Democratic lawmakers in the state.
Their testimony is part of an ever widening investigation by the Democratic-led Congress into the alleged politicization of the attorneys' office by the Justice Department and potential efforts to stymie public corruption investigations.
But U.S. attorneys serve at the pleasure of the president, and it's unclear if anything illegal took place or what Congress can do at the end of its investigation.
A top aide at the Justice Department, William Moschella, acknowledged that the firings could have been handled better but maintained that the attorneys were let go for "reasons related to policy, priorities, and management–what has been referred to broadly as 'performance related' reasons." He testified about the reasons that each was let go, and later the six attorneys said that his testimony was the first time they were told exactly why.
"I finally today got an explanation why I was asked to step down," said David Bogden, former U.S. attorney in Nevada, who said the process has been "very traumatic."
"We should have told the U.S. attorneys the reasons," Moschella said after specifying in his testimony why each of the six was let go, ranging from an inadequate number of prosecutions of illegal immigrants and violent gun cases in Lam's situation to an alleged lack of leadership in Iglesias's. The attorneys attempted to bat down those reasons with statistics of their own or previous job performance kudos. Moschella said "it would be prudent" if in the future when attorneys are let go they are told the reason.
H. E. "Bud" Cummins, a former U.S. attorney in Arkansas, also disclosed an E-mail he had sent to the other fired attorneys in late February that expressed his concerns following a conversation with a Justice Department official, Mike Elston. In the E-mail, Cummins wrote: "If they feel like any of us intend to continue to offer quotes to the press, or organize behind the scenes congressional pressure, then they would feel forced to somehow pull their gloves off and offer public criticisms to defend their actions more fully."
'Leaned On'
Of the six U.S. attorneys terminated who testified, two have disclosed potential interference, or at least contact from elected officials that could be improper. John McKay, former Seattle U.S. attorney, testified that Edward Cassidy, chief of staff to Republican Rep. Doc Hastings of Washington, contacted him regarding a potential inquiry into voter fraud in the state. Iglesias testified that he received phone calls from Rep. Heather Wilson and Sen. Pete Domenici, both New Mexico Republicans. Iglesias testified that Wilson called asking about sealed indictments in a public corruption case in the state.
"The second she said anything about sealed indictments, a red flag went up," Iglesias said. "It's like calling up a scientist and asking about secret launch codes." He testified that two weeks later Domenici called as well, asking about charges against Democrats in the state. "Domenici said, 'Are these going to be filed before November?' I said I don't think so. Then he said 'sorry to hear that' and then the line went dead. ... I felt sick afterwards. I felt leaned on. I felt pressure to get these matters moving." Domenici in a statement last night said: "I did not pressure him. I asked him a timing question. He responded. I concluded the conversation."
On its face, the congressional hearings and the escalation accusations have all the makings of a Washington scandal. But there are still basic questions about what Congress can actually do and whether there are any legal repercussions.
Key players yet to be heard from: House Democrats expressed keen interest in future testimony by Kyle Sampson, the chief of staff to Attorney General Alberto Gonzales; Mike Elston, chief of staff to the deputy attorney general; and Monica Goodling, the Justice Department's liaison to the White House. Moschella described the three as a small group who began in October to draw up a list of United States attorneys who were eventually terminated.
Upcoming in Congress: The House and Senate ethics committees could also begin formal investigations into the actions of Wilson and Domenici. Wilson was in a tight re-election race this past November in a district with a history of narrow margins of victory. U.S. News chronicled this race over the weeks and months leading up to Election Day.
Domenici, elected in 1972, is the longest-serving senator in New Mexico's history. The watchdog group Citizens for Ethics and Responsibility in Washington has filed a formal complaint against Domenici. The Senate ethics committee has said that anytime there is a complaint, including one from outside the government, a preliminary inquiry is begun. (The last time the Senate ethics committee voted for a formal reprimand came in 2002 against then Sen. Robert Torricelli, a New Jersey Democrat, for accepting inappropriate gifts from a donor.) CREW is also seeking an investigation into Wilson's actions. The House ethics committee has not commented on the situation.
Legislation: Another part of this unraveling investigation concerns a change that was made during the reauthorization of the Patriot Act last year that made it easier for the administration to appoint successors to U.S. attorneys terminated in the middle of their terms. The new language allowed the administration to appoint replacements without significant judicial or congressional oversight, rather than the previous way of requiring the Senate to confirm the replacement within 120 days. Sen. Dianne Feinstein of California and Rep. Howard Berman of New York, both Democrats, have sponsored legislation that would reverse the change.