Ousted US attorneys blast Bush administration
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By Marisa Taylor, Margaret Talev and Les Blumenthal
McClatchy Newspapers
(MCT)
WASHINGTON - Six former U.S. attorneys told two
congressional committees Tuesday that Republican
lawmakers and a congressional aide inquired about
politically sensitive investigations, and their
testimony raised new questions about whether the Bush
administration removed the attorneys for political
rather than professional reasons.
The U.S. attorneys, all of whom were appointed by
President Bush, contradicted the administration's
version of their sudden firings. Justice Department
officials have downplayed the firings of eight U.S.
attorneys as administrative decisions that were based on
concerns about the attorneys' performance.
The U.S. attorneys testified before a House of
Representatives subcommittee and the Senate Judiciary
Committee that they were never given any specific
reasons for their ousters. Two of them described
interactions with Congress about criminal cases that
Democrats have said could demonstrate that their
removals were motivated by political considerations.
William E. Moschella, the principal associate deputy
attorney general, called the charges of political
interference "dangerous, baseless and irresponsible."
"This office has never removed a U.S. attorney to
retaliate against them or prevent a public corruption
investigation," he said. "Not once."
John McKay, the ousted U.S. attorney for western
Washington state, revealed that the former chief of
staff to Rep. Doc Hastings, R-Wash., called him in the
weeks after the hotly contested 2004 Washington
governor's race to ask about the status of an
investigation into voter fraud by the Democrats. McKay's
office looked into the allegations but never filed any
charges. Christine Gregoire, a Democrat, eventually was
declared the winner by 129 votes.
McKay said outside the hearing that top Bush aides were
critical of his handling of the case when they
interviewed him at the White House about becoming a
federal judge.
David Iglesias, the former U.S. attorney in New Mexico,
described separate phone calls from Republicans Sen.
Pete Domenici and Rep. Heather Wilson about a corruption
probe that involved at least one Democrat a month before
the November elections and weeks before he was fired. At
the time, Wilson was in a re-election race that she
later won by 875 votes out of nearly 211,000 cast.
The prosecutors' testimony provoked a new round of
accusations that Republicans tried to interfere with
U.S. attorneys, who are appointed by the president but
are supposed to refrain from partisan politics.
Rep. Linda Sanchez, D-Calif., the chairwoman of the
House subcommittee, said in an interview that she
expected the House to hold more hearings, and she left
open the possibility of calling White House and
Republican Party figures, as well high-level Justice
Department officials.
Also Tuesday, an e-mail describing a conversation
between one of the prosecutors and a high-ranking
Justice Department official was made public.
In an e-mail sent to five of the ousted prosecutors,
former U.S. Attorney Bud Cummins of Arkansas said a
Justice Department official told him that department
officials feel "like they are taking unnecessary flak to
avoid trashing each of us," he wrote. "I was tempted to
challenge him and say something movie-like such as `are
you threatening ME???'"
In his testimony Tuesday, Cummins described the call as
"advice" rather than a threat.
Brian Roehrkasse, a Justice Department spokesman, said
Cummins "twisted" a collegial conversation with Michael
Elston, the chief of staff to Deputy Attorney General
Paul McNulty, "into a perceived threat by former
disgruntled employees grandstanding before Congress."
"Mike Elston did not tell any U.S. attorney what they
should or should not say publicly about their departure,
and any suggestion that such a conversation took place
is ridiculous and not based on fact," he said.
Most of the prosecutors voiced frustration about not
knowing why they were removed.
Daniel Bogden, the former U.S. attorney in Nevada, said
he asked William Mercer, the acting assistant attorney
general, why he was removed. Bogden quoted Mercer as
saying that the administration had a "very short
two-year window of opportunity, and this would be an
opportunity to put others into these positions so they
could build their resumes."
In a shift from the administration's previous
explanation, Moschella of the Justice Department said
the U.S. attorneys were removed "for reasons related to
policy priorities and management," rather than solely
"performance-related" reasons.
"In hindsight, perhaps the situation could have been
handled better," he said. "Our failure to provide
reasons has only served to fuel . . . wild and
inaccurate speculation about our motives. That said, the
department stands by its decisions."
Cummins' departure "was not for performance reasons,"
Moschella said, but because Justice officials thought
Cummins didn't plan to serve out the rest of his term,
and they wanted to find a spot for a former aide to Karl
Rove, President Bush's top political strategist.
Democrats seized on the prosecutors' testimony to
question whether the White House may have been more
actively involved in the effort to oust certain
prosecutors and replace them with partisan loyalists.
In an interview, McKay said his handling of the 2004
Washington governor's race came back to haunt him when
he was interviewed about a federal judgeship by
then-White House Counsel Harriet Miers and others in her
office.
McKay said he was asked in the late summer or early fall
of 2006 to explain the criticism of how he'd
"mishandled" the governor's race investigation. McKay
didn't reveal who asked the question, but he said it
wasn't Miers.
McKay didn't get the nomination.
Most Republicans have maintained that the administration
appeared to have valid reasons to fire the presidential
appointees, and they accused the Democrats of
grandstanding in their first use of their subpoena power
since they took over the House and Senate in January.
The House panel's ranking Republican, Rep. Chris Cannon
of Utah, called the hearing a "show trial," accused the
former U.S. attorneys of behaving "disingenuously" and
said there was "not a shred of hard evidence" that their
removals were coordinated politically.
Iglesias' allegations have prompted a liberal
public-interest group to file ethics complaints against
Domenici and Wilson. The two New Mexico lawmakers have
acknowledged making the calls to inquire about the
corruption case, but they have insisted they didn't try
to pressure Iglesias.
Former Hastings aide Ed Cassidy's telephone call also
could raise ethics questions, even though McKay
testified that he stopped Cassidy before the
conversation "crossed the line." McKay also said the FBI
hadn't launched a formal investigation at the time,
although the allegations of voter fraud had been widely
publicized.
Cassidy, who appeared briefly to listen to the
testimony, described the conversation as a "routine
effort to determine whether allegations of voter fraud
in the 2004 gubernatorial election were, or were not,
being investigated by federal authorities."
"As the top aide to the chairman of the House Ethics
Committee, I understood the permissible limits on any
such conversation," he said. "Mr. McKay understood and
respected those boundaries as well."
Cassidy is now a senior adviser to House Minority Leader
John Boehner, R-Ohio, and, among other things, advises
Boehner on congressional ethics. Hastings chaired the
House Ethics Committee from February 2005 until
Democrats took control of the House earlier this year.
He's now the ranking Republican on the committee, known
as the Committee on Standards of Official Conduct.
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Fired U.S. Attorneys
Eight U.S. attorneys were fired by the Justice
Department, seven on one day, in late 2006. Most had
positive job reviews and were presiding over public
corruption probes when dismissed. Six testify before
Congress March 6.

SOURCE: Staff Reports | The Washington Post - March 06,
2007