Prosecutor worried ‘gloves would come off’

One more prosecutor-purge story before we move on to other subjects today. McClatchy has an important piece about a top Justice Department official allegedly threatening one of the fired U.S. Attorneys.

A high-ranking Justice Department official told one of the U.S. attorneys fired by the Bush administration that if any of them continued to criticize the administration for their ousters, previously undisclosed details about the reasons they were fired might be released, two of the ousted prosecutors told McClatchy Newspapers.

While the U.S. attorney who got the call regarded the tone of the conversation as congenial, not intimidating, the prosecutor nonetheless passed the message on to five other fired U.S. attorneys. One of them interpreted the reported comments by Michael Elston, the chief of staff to Deputy Attorney General Paul McNulty, as a threat.

I’m intrigued by this notion of the chat being “congenial.” If someone threatens you, but they smile while they do it, isn’t it still threatening? “It’s a nice career you have here; it’d be a shame if something happened to it.” See how “congenial” that sounds? The person is complementing the lawyer’s career.

In this case, Justice Department officials denied that the conversation with the U.S. attorney ever took place. Elston said he’s chatted with the purged prosecutors, but never threatened anyone.

That said, it’s not clear why the U.S. Attorneys would make up something like this. To make the Justice Department look bad? The Justice Department already looks bad.

Besides, given the Bush gang’s propensity for thuggery, would anyone seriously be surprised if a top Justice Department official did threaten the prosecutors?

According to one of the fired U.S. attorneys, Elston made the comments during a telephone conversation after Democrats began questioning whether the administration was attempting to purge more independent-minded Republican appointees in order to replace them with more partisan candidates.

According to the former U.S. attorney, Elston made a “pointed comment that indicated that somehow anyone who talked might become more embarrassed if the story continued on.”

“The inference was that they were holding themselves back from saying more about why people were fired — that it was likely the department was going to step up the defense of their actions,” the fired prosecutor said. “It could have been construed as friendly advice or a casual prediction. But I think it was expected that everyone would be told about the call.”

When conveying the message to the others, the prosecutor tried to make it clear that the meaning of the conversation shouldn’t be overdramatized.

But another former U.S. attorney, who wasn’t a party to the Justice Department conversation, interpreted the comments as a threat, especially since it came when congressional Democrats were contacting the attorneys about possibly testifying before Congress.

“I took it to mean that negative, personal information would be released,” the prosecutor said. “That if we made public comments or if we were to testify in Congress, that the gloves would come off and the Department of Justice would make us regret that we were talking.”

Here’s a thought: how about Congress sending Mr. Elston a subpoena. Maybe he’ll remember more about what he told to whom once he’s under oath.

I’m obviously not in a position to know one way or the other what Elston said and what his message may have inferred, but based on the organized-crime-like tendencies of the Bush gang, none of this strikes me as at all implausible.

Is it 10:00 yet?

If this were happening with a GOP-majority Congress, there would be no hearings, no investigation – it would just be “move along, nothing to see here.”

This is just the beginning of the end – I’m convinced of it.

  • Also keep in mind that the executive branch under the Patriot Act has the authority to appoint US Attorneys WITHOUT congressional approval. Why would this administration begin purging “independent-thinking” Republican US attorneys (which required congressional approval) and replace with partisan appointees? Because they can.

  • OMG! Believe it or not, I went to high school with Mr. Elston.
    I’d love to see him testifying before a congressional committee!

  • The only thing I can’t believe about all this is that the Bushies hadn’t already gotten the most partisanship for their buck out of their original appointees. Perhaps this is a sign that it’s a lot harder to find puppet-hacks than I had imagined. Or perhaps they just assumed that anyone adopting the Republican label must inherently be loyal. And from what I’ve seen, that’s not a bad assumption; though they still manage to squeak out a few clunkers here and there who are burdened with character flaws like integrity and honesty. I’m sure Rove’s working on fixing those bugs right now.

  • This whole story doesn’t make much sense. I still don’t understand why the lie about the purge ? Why fire them all at once ? It’s like the incompetence and arrogance is so prevalent, they don’t even consider the ramifications of anything they do. Just do what feels good, right ?

    I would love to find out how this little provision made it into the Patriot Act, I think that is going to be the real scandal when all is said and done.

  • As I recall Arlen Spector “unintentionally” included this provision (exec appointing US attorneys w/o congress. approval) into the renewed Patriot Act.

    I remember there was an attempt to invalidate that provision. Whatever happened?

  • “The only thing I can’t believe about all this is that the Bushies hadn’t already gotten the most partisanship for their buck out of their original appointees. Perhaps this is a sign that it’s a lot harder to find puppet-hacks than I had imagined.”

    Amazing is it not? And comforting in a way. There actually ARE some Republicans in powerful positions who have the honor and integrity to do their job properly. There is hope for this country yet.

  • All this wont matter for the DEMS in 2008 unless it is framed as the modus operandi for the Republican party….average Americans simply dont have the time (or in depth news coverage) to sort out the details ….

    Between the prosecutor purge story and the Walter Reed debacle, DEMS must make it abundantly clear that the Republican party penchance for corruption and lack of oversight is the reason we have the problems in Iraq and at home.

    Perception is EVERYTHING in the age of the 24 hour news cycle…and while I applaud and am utterly pleased with the Democratic Congress and their efforts to expose everything it ultimately will only resonate with the American people if it is simply packaged in in digestable bits with a clear winner and loser.

    I believe that DEMS have been far too quiet in their efforts to expose this corruption. They should be shouting from every roof top about their successful efforts to bring back a functioning Democracy. The news media is certainly not going ot do it for them so they need to constantly and publically pat themselves on the back for being the true purveyors of democracy and justice .

  • Katrina; Iraq; Afghanistan; Walter Reed; Prosecutor purges—it all adds up to the definition of a unique, Tammany-esque political movement:

    Bushism.

    Who wants to write the definitive political work on “The Rise and Fall of Bushism?” It’ll make a damned good college text….

  • Lib4 (Re #10) –
    I disagree.
    Please remember that the Dems don’t have either media outlets, much less megaphone (a la Fox “News”), or a sound chamber where they can amplify their message (think Kerry’s blown joke).
    This is a critical component missing from the Left’s machine.

  • Lib4 (reply continued)

    The Left is screwed until we get a media machine, and any back-patting will be ridiculed by the right-wing news, then the ridicule will be picked up by the MSM.

    The Dems needs to stomp on the MSM whenever it repeats Repub Memes.

  • Thomas Ware @8 “I hope none of them are married to covert CIA operatives.

    I know funny….and that’s funny.

    In all my personal dealings with federal prosecutors (on a professional level, thank you) and from colleagues who have worked with them, they have almost without exception found them to be exceedingly diligent, upright types who tolerate no BS. There is simply too much competition for the jobs and the jobs are way too demanding and involved to have incompetent political hacks up there. I’m not saying that they’re apolitical just that it takes a certain type of person to do what they do and I think that type doesn’t usually lend itself to being some flunkie for some politician (or party).

  • I’m intrigued by this notion of the chat being “congenial.” If someone threatens you, but they smile while they do it, isn’t it still threatening? “It’s a nice career you have here; it’d be a shame if something happened to it.” See how “congenial” that sounds? The person is complementing the lawyer’s career.

    Sometimes when someone wants to say something screwed up to someone else, but make it ambiguous enough so the person they’re saying it to won’t feel confident about reporting it to other people (because you may be worried that the denial from the other person will come too effectively and too easily if all you do is repeat the words they used) the person who is being harassed or threatened may still want to believe that they’re on the same side as the other person so badly that even they don’t hear the threat or whatever they were supposed to.

  • I would love to find out how this little provision made it into the Patriot Act

    Here is a link. I love this bit:
    SPECTER: Well, I just wanted to comment to Senator Feinstein that I thank her for her work on this issue. I had said before you arrived in my opening statement that I did not know of the change in the Patriot Act until you called it to my attention on the floor. And I said to you at that time, “This is news to me, but I’ll check it out.” And then checked it out with Mike O’Neill, who advised that Brett Tolman, a senior staff member, had gotten the request from the Department of Justice because of a situation in South Dakota where a judge made an appointment which was not in accordance with the statute.

    Here is a link on Brett Tolman.

    Is it common for US attorneys (or asst. US attys) to serve as senior staff members of Senators??? Perhaps Tolman’s appointment as US attorney in Utah was reward for this little insertion into the Act.

    As far as Dems following up…they tried to get it removed but Kyl (R-AZ) blocked the attempt.

  • Re: My comment at 16-

    So the threatened prosecutors could not take the words as a threat when they first hear them, but after the fact, they may realize that what was going on was that they were being threatened.

    It could have even been that the ones doing the threatening didn’t want to think of it so much as threatening people, and that’s why the words came out sounding as they did, rather than from any self-interest or cover set up by the threatener- they may have knew that the purpose of the words was to lean on the person hearing them, but still felt that they were sort of like threatening them in the nicest way possible- enforcers who don’t want to believe that they’re enforcers, in other words. They like the people they’re enforcing against. Only the people who give the enforcers the orders actually realize that it’s dirty-work because the enforcers are too naive, blind and lied to.

    Or, it could just be that the prosecutors who were threatened are acting like battered women.

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