by John M. Curtis
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Copyright March 19, 2007
All Rights Reserved.

laiming the Justice Department did nothing wrong, Atty. Gen. Alberto R. Gonzales continues to excuse the firings of eight U.S. attorneys, citing substandard work performance as the reason for the switch. While President George W. Bush said federal prosecutors serve at the discretion of the president, it's highly unusual to fire U.S. attorneys midway through the second term. Wholesale terminations usually take place early on in the first term to clean the slate. Calling the firings legal doesn't excuse whether White House political meddling—not legitimate performance reviews—caused at least some of the eight terminations. San Diego-based U.S. Atty. Carol Lam got her pink slip after putting Rep. Randal “Duke” Cunningham behind bars March 4, 2006 for taking $2.4 million in bribes. Lam's successful prosecution earned her exit papers from the DOJ.

      Sen. Diane Feinstein (D-Calif.), a member of the Senate Judiciary Committee, expressed concerns that Lam's firing looked like political mischief. On May 10, 2006 Lam notified the Justice Department about pending search warrants for defense contractors Brent Wilkes and Kyle “Dusty” Foggo—formerly No. 3 at the CIA—both connected to Cunningham's bribery scandal. Cunningham pled guilty to taking bribes from Wilkes and others. Feinstein shared disturbing e-mails from former Dep. Atty. Gen. Kyle Sampson, who recently resigned for his role in arranging the firings of eight U.S. attorneys. “The real problem we have right now with Carol Lam,” read Sampson's May 11 e-mail, implying she caused more waves for the GOP. Despite the e-mails, the Justice Department insists that Lam was let go because of dwindling prosecutions for gun crimes and immigration.

      Senate and House lawmakers want to get to the bottom of exactly how much influence the White House wielded firing federal prosecutors. When Lam indicted Wilkes and Foggo, it was a matter of days before she got the ax. Sampson's e-mail was the same day Lam notified the Justice Dept. that she was indicting Wilkes and Foggo in connection with Cunningham's bribery scandal. Two days later, Lam got her walking papers. Only two days between Lam notifying the DOJ and getting fired raised eyebrows. Asked whether undue influence occurred, Feinstein sounded noncommittal. “I don't know. All I'm saying, as the evidence comes in, as we look at the e-mails, there were clearly U.S. attorneys that were thorns in the side for one reason or another of the Justice Department,” said Feinstein, raising the distinct possibility of inappropriate White House tampering.

      White House officials would like to see the Justice Dept. scandal disappear. Gonzales & Co. got caught in the cookie jar, messing with U.S. attorneys potentially bringing more disgrace on the GOP. Compromising the independence of prosecutors turns federal law enforcement on its head. Diluting the role of federal prosecutors—like the press—invites government corruption. Speaking Sunday morning on CBS's “Face the Nation,” Feinstein shared her concerns about White House interference to chief Washington correspondent Bob Scheiffer. “That is very difficult for me to believe that you can fire seven prosecutors on a given day, five of whom are involved in major corruption cases one way or another, and the attorney general who is the head of the organization hasn't given a go-ahead somewhere along the line,” said Feisntein, questioning Gonzales' involvement.

      Under the Patriot Act, the President is allowed to appoint federal prosecutors without Senate approval. Feinstein raises the real possibility that there's no independent due diligence, assuring federal prosecutors aren't political hacks. Feinstein has co-sponsored a bill with Sen. Arlen Specter (R-Penn.) to prevent this from happening. “Most, if not all, United States senators believe its is critical to have Senate confirmation,” said Feinstein, preventing arbitrary appointments of unqualified or biased federal prosecutors. Feinstein questions how it's possible for Gonzales to either ignore the firing of U.S. attorneys or give his approval. Approving the terminations or failing to intercept the problem raises disturbing questions about gross mismangement. Mounting questions have raised credibility problems for Bush's good friend, 51-year-old Latino attorney general.

      It's difficult for Gonzales to divorce himself from the ever-hemorrhaging U.S. attorneys' scandal. If he knew nothing, it shows unforgivable incompetence. If he approved the White House scheme to purge the DOJ of independently-minded prosecutors, then Gonzales must start packing. Whether it's Albuquerque prosecutor David Iglesias, Little Rock U.S. Atty. Bud Cummins, or San Diego prosecutor Carol Lam, the DOJ shouldn't politicize the process. When Sen. Pete Domenici (R-N.M.) put heat on Iglesias, he crossed the line and later apologized. White House strategist Karl Rove shouldn't be allowed to fire Cummins to install his friend, GOP political operative Timothy Griffin. Integrity of federal law enforcement requires the DOJ to be free of political influence. If Gonzales added to the perception of corruption and undue influence, he needs to go.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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