Hell hath no fury like a U.S. Attorney scorned

One of the overlooked angles to the story in recent weeks is how the U.S. Attorneys themselves have been responding to the controversy. The administration has repeatedly insisted — to the press, under oath to lawmakers — that the fired prosecutors were replaced for their on-the-job performance. In other words, the Bush gang has argued that they had no choice but to replace U.S. Attorneys who weren’t doing their jobs well. (It’s an odd argument for the administration to make — usually they reward incompetence with promotions and medals.)

Some of the aggrieved are starting to push back against White House rhetoric. Yesterday, David Iglesias, the U.S. Attorney for New Mexico, described his firing as “political fragging.” Iglesias added, “I’m OK with being asked to move on for political reasons, I’m NOT OK with the Department of Justice wrongfully testifying under oath to the Senate Judiciary Committee that I had performance issues.”

Today, Iglesias started airing the dirty laundry.

The U.S. attorney from New Mexico who was recently fired by the Bush administration said Wednesday that he believes he was forced out because he refused to rush an indictment in an ongoing probe of local Democrats a month before November’s Congressional elections.

David Iglesias said two members of Congress separately called in mid October to inquire about the timing of an ongoing probe of a kickback scheme and appeared eager for an indictment to be issued on the eve of the elections in order to benefit the Republicans. He refused to name the members of Congress because he said he feared retaliation.

Two months later, on Dec. 7, Iglesias became one of six U.S. attorneys ordered to step down for what administration officials have termed “performance-related issues.” Two other U.S. attorneys also have been asked to resign.

Iglesias, whose performance reviews included no criticisms, said, “I believe that because I didn’t play ball, so to speak, I was asked to resign.”

Sen. Chuck Schumer (D-N.Y.) responded by noting that Iglesias’ allegations are “extremely serious and very troubling allegations coming from a man of great integrity. They call into question every other firing.”

Damn straight.

For example, now that we know partisan prosecutions played a role in the purge, it should renew interest in the administration’s decision to fire San Diego U.S. Attorney Carol Lam during her Duke Cunningham investigation.

But even if we just focus on Iglesias, there’s a potential for a pretty big controversy here. Two members of Congress cannot contact federal prosecutors, urging them to rush criminal charges. Which two called Iglesias? Paul Kiel is already working the phones.

For that matter, there’s also the not-incidental matter of high-ranking Justice Department officials testifying under oath that politics had nothing to do with the purge. (“I would never, ever make a change in the United States attorney position for political reasons,” Attorney General Alberto Gonzales said in Senate testimony in early January. He was either lying or ignorant.)

Indeed, Salon reported this morning that some of the fired prosecutors were told in no uncertain terms that the purge was strictly about making room for other political appointees.

[A]t least three of the eight fired attorneys were told by a superior they were being forced to resign to make jobs available for other Bush appointees, according to a former senior Justice Department official knowledgeable about their cases. That stands in contradiction to administration claims that the firings were related either to job performance or policy differences. A fourth U.S. attorney was told by a top Justice Department official that the dismissal in that attorney’s case was not necessarily related to job performance.

Based on comments and email feedback, I get the sense that readers are skeptical about this controversy. I continue to think this has real potential, and could become a huge headache for the administration.

The story about Bush’s prosecutor purge got considerably more interesting today. Stay tuned.

I agree that this has potential to be a chronic headache for this administration — and for Congressional Republicans, if they obstruct or filibuster corrective legislation. Stay with the story, we’re certainly not hearing about it from the so-called liberal media.

  • I’m going to start calling this controversy The Departed, because of its growing resemblance to the story line of the Oscar winning movie.

  • Oh come-on CB, you are giving the benefit of the doubt to that lying sack of protoplasm Gonzales????? Are you going soft man? Do you need a trip to rehab?

    This is supposed to be hard ball, big leagues dude. Let’s get with the program , OTAY !?!?!??

  • This is simply outrageous. A prosecutor is fired for being careful and gathering all of the relevant facts before making a decision to prosecute!

    As an attorney who has worked in a quasi-prosecutorial role, I know that so-called prosectuorial discretion is one of the most important decisions in the entire American legal system, and to try to rush that determination for political considerations is reprehensible.

    But firing someone for not committing a serious breach of prosecutorial ethics is not just morally disguisting, it’s probably criminal.

  • Hmmm. Who could the suspects be. Sen. “Jammy Bottoms: Domenici, Rep. Heather “Lose Those Records” Wilson or Rep. Steve Pearce?

    Wilson is a likely choice because she “won” a cliffhanger race in a district that leans democratic.

  • We know this is what Rove and Cheney thought would not happen and Gonzales is in just as deep. Consider how this policy got put into the Patriot Act after it had been signed off on. Slipped in at the last moment at the insistence of the DOJ by a staff member without the knowledge of anyone. Why? What was the point or purpose or even the rationale? Who benefits? To me it’s obvious. It was done to block investigations and to be used in other political ways such as this article suggest. Gonzales lied under oath for if he did not know he should have. It’s his Department. Just look at the first replacement (who now has passed on taking the position) who worked has a political hit man for Rove. The dems need to do more than just ‘probe’, they need to repeal the Patriot Act since no one knew this provision was in it.

  • I bet there is a lot more to this story since there usually is when we start looking at the Bush cronyism fiascoes. There is no doubt in my mind that something stinks. The truth is probably much worse than anything any of us can imagine, but this is another terrible story about the Bush administration’s abuse of the public trust. Eventually I hope one of these revelations sticks like glue on this sick tawdry bunch of thieves.

  • I continue to think this has real potential, and could become a huge headache for the administration.

    I know but please realize we said the same thing about:

    No WMD’s
    No link between Al Qaeda and Saddam
    Downing Street Memos
    Abramoff
    Civil War in Iraq
    Duke Cunningham
    Fitzmas – Karl Rove
    Mark Foley/Tom Delay/ Bob Ney/Claude Allen/David Safavian
    Cheney Energy Meetings

    etc etc…

    There seems to be no misdeed commited by this Adminstration that the media will not let slide after an all too brief examination.

    If the media spent a 1/10th of the time covering Bush Admin misdeeds in a broader perspective than they did while covering Clinton’s picadillos…the American people would demand this man be removed from power.

  • I’m no constitutional lawyer, but my count there are at least five rock-solid articles of impeachment (so far):
    1. Instructing intelligence agencies to violate the FISA law (felony)
    2. Instructing military interrogators to violate the laws putting in place the Geneva conventions against torture (felony).
    3. Suspending the writ of habeas corpus (violation of the constitution)
    4. Firing federal prosecutors in order to thwart or accelerate investigations for political reasons (obstruction of justice).
    5. Instructing subordinates to blow the cover of an undercover CIA agent (felony).

    Any others?

  • I’m no constitutional lawyer, but my count there are at least five rock-solid articles of impeachment (so far):
    any others??

    6. Using government funds to push propoganda at home
    (Maggie Gallagher/Armstrong Williams)

    6a. Producing and distributing government funded VNR (Video News Releases) without disclosing ties to the government…could violates the US Information and Educational Exchange Act of 1948.

  • It has been pointed out to me that the President has the right to put anyone he wants in these posts. He always has. These positions are Executive Branch, so he’s the boss.
    Politics is and has always been an issue wrt these appointments.

    I guess the big problem with these is their quantity and the PATRIOT Act change to the law.

    If someone can put together a solid “obstruction of justice” case, I think that would be wonderful. But beyond that, as angry as this makes me, it seems there’s nothing legally wrong with what is being done.

  • Is it not also true that, before any of the firings were announced, that Republicans snuck through a legal change, which effectively removed any of these new appointments from Senate scrutiny?

    Could anyone confirm that?

    It does add to the sense of a conspiracy, coordinated at high levels.

  • David – Since you seem to have some expertise in the law what’s your opinion on the two Republican lawmakers calling Iglesias to ask him to speed up the probe. Couldn’t that be considered interference with a criminal investigation?

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