Prosecutor purge percolates

Why did the Bush administration purge 10 U.S. Attorneys before the scheduled end of their appointment? The more we learn about this, the more suspicious it looks. Fortunately, there’s a Democratic Senate now, and the story has caught lawmakers’ attention.

We learned last week that Attorney General Alberto Gonzales is “transforming the ranks of the nation’s top federal prosecutors by firing some and appointing conservative loyalists from the Bush administration’s inner circle.” In nearly every instance, the new U.S. Attorneys have “few, if any, ties to the communities they’ve been appointed to serve, and some have had little experience as prosecutors.” In an interesting twist, we learned over the weekend that the pressure to replace the prosecutors “did not come from the people who would know about the U.S. Attorneys’ job performance (their supervisors at the Justice Department), but rather from power players in the White House or Republican Party.”

With 10 individual cases making one larger controversy, crafting an easy-to-understand narrative can be tricky. It’s probably best to stick to just one of the 10, to highlight the broader problem. In this burgeoning scandal, the one to watch is H. E. “Bud” Cummins, who appears to have been fired for no reason — except to help a Karl Rove acolyte.

A top Justice Department official said on Tuesday that one of several United States attorneys forced from their jobs last year was dismissed without a specific cause in order to give the job to a lawyer with close political ties to the White House.

One disputed case involves H. E. Cummins III, a United States attorney in Arkansas who was asked to step down last summer although his office had increased drug and firearms prosecutions and he had helped organize a multiagency counterterrorism council.

To temporarily replace Mr. Cummins, the Justice Department named J. Timothy Griffin, a former military and civilian prosecutor who was a political director for the Republican National Committee and who once worked as a deputy to Karl Rove, the senior White House political adviser.

Asked to explain why Griffin had to replace Cummins, Deputy Attorney General Paul McNulty had a little trouble.

At the hearing, Mr. McNulty was asked by Senator Charles E. Schumer, Democrat of New York, whether it was accurate to say that Mr. Cummins had not done anything wrong to justify his removal. Mr. McNulty replied, “I do not dispute that characterization.”

Had Mr. Cummins ever received a poor performance evaluation, Mr. Schumer asked.

Mr. McNulty answered, “I’m not aware of anything negative.”

Mr. McNulty said that because the attorneys are presidential appointees, they can be replaced at any time without a specific reason. He said about half of the 93 prosecutors appointed to their jobs by Mr. Bush in his first term had already left voluntarily. Mr. McNulty said the appointment of Mr. Griffin was a chance for “a fresh start with a new person.”

For McNulty to suggest that Cummins’ dismissal was routine is simply wrong. The Bush administration fired him late on a Friday afternoon, the week before Christmas. Cummins admittedly did not intend to stay on through 2008, but even he was “caught off guard” when his replacement was announced out of the blue.

For that matter, Griffin’s, Cummins’ successor, most notable public service has been serving as an aide to Karl Rove. He doesn’t have extensive experience as a prosecutor, and he doesn’t have much of a background in Arkansas. The Justice Department official’s explanation for all of this left the Senate Judiciary Committee unconvinced.

Fortunately, Sen. Chuck Schumer (D-N.Y.) seems to have really sunk his teeth into this one.

Sen. Charles E. Schumer (D-N.Y.) said the firings “reek of politics” and warned McNulty that the panel would consider issuing subpoenas for job evaluations of the fired prosecutors unless the Justice Department agrees to hand them over. Justice officials said they will work to accommodate the request.

“What happened here doesn’t sound like business as usual,” Schumer said. “Even the hiring and firing of our top federal prosecutors has become infused and corrupted with political, rather than prudent, considerations.”

Stay tuned.

The other key firing to focus on is the Duke Cunningham prosecutor in San Diego. Dismissing a US Attorney in order to quash investigations of defense contractor – administration – congressional Republican corruption needs to get media and public attention.

  • Remember, it’s been noted before by Molly Ivins, Bush and his entourage dread the courts. Look at all the manuevering around the counter-terrorist cases and Guantanamo or Fleischer’s immunity and Rove’s four chances to get his story straight in front of the grand jury. They know they cannot prevail in a fair fight. Now that they are at the very pinnacle of power (structurally), they can cut every corner to stack the decks. Roberts, Alito, FISA, Guam, signing statements, and now cronies in every district, anything and everything to avoid the sunshine of the law. Just look at the eyes opening in the Libby trial.

    It’s funny, everyone thinks the assault on the judicial is to get Roe v. Wade overturned. I think it’s all about ensuring their beautiful minds never get sweated on the stand.

  • The Bush administration fired him late on a Friday afternoon, the week before Christmas.

    This is a good example case; this bit should resonate with many, many people.

  • What they are probably doing is burnishing the resumes of all these conservative republicans so as to make them more viable candidates for higher positions, either appointed or elected. Take Griffin for example. He will appear as a much more credible candidate for a high state office or appointment to the federal bench if he has a stint as a Federal Attorney on his resume than if his highest position was as an assistant to an adviser to the president.

  • It’s clear the rest of Bush’s will be Democrats putting a check on a corrupt, out-of-control administration. This isn’t the Clinton years, where investigations were seen to be partisan witchhunts of a popular President in good times; in every one of these cases we’re the good guys, bringing back accountability and oversight to a very, very, very unpopular administration. Right now, there’s still the myth of the good of a divided government, but with each scandal, we are defending the national interest.

    If we don’t fear exerting our power, by 2008, Bush will be an albatross the Republican party will not live down for decades.

  • Todd makes a great case and I concur. Every despot that survives an asassination attempt will purge the inner circle to ensure future safety. The Libby trial is this administration’s briefcase bomb in the meeting room. Fitzgerald, a good Republican, does his job with competence and integrity and Cheney is now in deep trouble. The Bushies can’t let that happen again.

  • Since this all started after the Democratic majorities were elected it is reasonable to assume that this was an act of self-defense. We can expect to see Congressional investigations into the workings of the Bush Administration over the next year that will undoubtedly echo back on Administration friendly business and lobbying groups.

    Correct me if I’m wrong but I believe that if potentially illegal acts or practices come to light in a Congressional investigation it is the responsibility of the Federal Prosecutors in the appropriate jurisdictions to investigate and bring criminal actions. It would be a productive act of investigative journalism to determine what Bush/Rove/Cheney/Neocon cronies in each of the affected districts might be vulnerable.

    Looking at six years of the Bush Administration we tend to forget that there are a lot of honest and independent Republicans around who would be ready to prosecute whoever might break the law. I am getting the impression that these are the people being replaced.

    Stay with this story.

  • It really is sort of like the mob getting control of the justice system. Some enterprising progressive polemicist should develop a full comparison of the “Bush Crime Family” (to use Ed Stephan’s term) and the real Mafia. That too would resonate with the public.

  • I know Bud Cummins, he was a year behind me in law school, and though he and I would not ever have agreed on much politically given his conservative, GOP bent, I believe he was a very good US Atty. He served for years as a clerk to a federal magistrate/judge in Little Rock, and he is a true native Arky. I believe Senator Mark Pryor’s chief of staff is very close friends with Bud, and I can’t imagine Pryor won’t be forcing this issue hard. No matter what you think of Pryor, his dad was a fighter and this one’s personal. (And Bud found out he was fired while hunting with his young son, but he didn’t shoot anyone in the face. Got to give him some points for that.)

  • Senator Specter has stated he was unaware that this little provision was slipped into the patriot act…that it was done without his knowledge or permission by a staff member at the request of the Justice dept.. This should be enough for the senate to recall the act, remove this provision, then reissue the Patriot Act. It’s for certain that these new replacement appointees would not get senate approval and that the only way they are getting these positions is by favoritism. Surely the senate could somehow prevent this from continuing. Plus, the senate better get ready to be involved in the political appointments of political officers that Bush/Cheney want to place in all federal agencies. They are probably already working as part of the OVP staff just waitiong to be transferred-ha.

  • bjobotts @#11. if this is true (and i have no reason to doubt it) then the staffer should be fired immediately for doing things his boss knew nothing about.

  • Gee, I wonder why Karl Rove would want one of his deputies wandering around in Arkansas with federal investigative authority, able to look into closets or even just pretend there is a closet, that Ken Starr might have missed?

  • This definitely looks like an attempt to cover up crimes by the administration. Who knows what they’re trying to bury with this move, but I’ll bet there’s plenty we’re going to eventually find out about, and these players are burying the bodies as we speak.

    I hope the Dems get ready to attach this crime spree to the Republicans in each of the places where Bush inserted Rove’s evil minions. By 2008 Bush will be glowing radioactive, and these “political prosecutors” will be directly attached to Bush, and they can be attached quite nicely to whoever the local Republican is.

    Hey Dems: Use this crime-spree coverup to take down more Republicrooks in 2008.

  • The Patriot Act is one of the great successes of Dick Cheney’s shadow government, and illustrates just where the true alligiance of a lot of these Hill staffers lies.

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