22 March 2007
In late 2006 (most on 7 December), the US Department of Justice fired eight US attorneys, an unprecedented act according to the legal community.
US Attorneys are appointed by the President and confirmed by the Senate. They normally serve terms concurrent with the President. In the past, in the case of a vacancy, the district court recommends and the Senate confirms within 120 days.
However, The Patriot Act Reauthorization Bill of 2005, PL 109-177, which was signed by the President in spring 2006, changed the process for filling vacancies.
Under the revised Patriot Act language, in the case of a vacancy the Attorney General is empowered to appoint an "interim" US Attorney for an indefinite period -- no Senate confirmation required. The language was inserted in the bill during conference committee in 2005 at the request of the White House; it was not part of any original Patriot Act reauthorization proposal. Read about how this happened.
In late 2006 (most on 7 December), the US Department of Justice fired eight US attorneys, an unprecedented act according to the legal community.
US Attorneys are appointed by the President and confirmed by the Senate. They normally serve terms concurrent with the President. In the past, in the case of a vacancy, the district court recommends and the Senate confirms within 120 days.
However, The Patriot Act Reauthorization Bill of 2005, PL 109-177, which was signed by the President in spring 2006, changed the process for filling vacancies.
Under the revised Patriot Act language, in the case of a vacancy the Attorney General is empowered to appoint an "interim" US Attorney for an indefinite period -- no Senate confirmation required. The language was inserted in the bill during conference committee in 2005 at the request of the White House; it was not part of any original Patriot Act reauthorization proposal. Read about how this happened.
Background
The issue came to light in January 2007, with the appointment of Tim Griffin to the position of US Attorney in eastern Arkansas, replacing Bud Cummins. Griffin was a GOP operative and former Karl Rove assistant.
Subsequently, the nation learned that eight US attorneys had been fired mid-term.
The firing of eight appointees was controversial because the scope of the firing and reasons given for dismissal were unprecedented. A report by the non-partisan Congressional Research Service revealed that only two out of 486 had been clearly forced out since 1980; both of those were in the Reagan Administration. Three others had quit mid-term with no explanation; all were in this Bush Administration.
At the center of the controversy sits Attorney General Alberto Gonzales.
The Attorneys:
Subsequently, the nation learned that eight US attorneys had been fired mid-term.
The firing of eight appointees was controversial because the scope of the firing and reasons given for dismissal were unprecedented. A report by the non-partisan Congressional Research Service revealed that only two out of 486 had been clearly forced out since 1980; both of those were in the Reagan Administration. Three others had quit mid-term with no explanation; all were in this Bush Administration.
At the center of the controversy sits Attorney General Alberto Gonzales.
The Attorneys:
- Daniel Bogden was investigating Governor and former Rep. Jim Gibbons (R-NV), according to the Wall Street Journal.
- Paul Charlton was investigating Rep. Rick Renzi (R-AZ) and a business partner. Renzi won a close re-election battle.
- Margaret Chiara led the office to a 15 percent increase in felony prosecutions and convictions but was criticized for DOJ for "not being open enough about how bonuses were awarded."
- Bud Cummins investigated Missouri Governor Matt Blunt (son of Rep. Roy Blunt, R-MO) over allegations of awarding state driver's license office contracts to supporters. The Missouri US Attorney's office recused itself. No indictment was brought, but Cummins was fired shortly after closing the case last year.
- David Iglesias was targeted for removal by the head of the New Mexico GOP and contacted by Sen. Pete Domenici (R-NM) and Rep. Heather Wilson (R-NM) about an investigation of prominent New Mexico Democrats. Iglesias said he felt pressured by the calls.
- Carol Lam, former US Attorney for southern California, was in the middle of a corruption investigation of high profile Republicans that began with former Rep. Randy "Duke" Cunningham.
- John McKay was criticized for not bringing criminal charges in the 2004 Washington State gubernatorial race.
- Kevin Ryan filed his first stock options backdating invesgitation last summer. He was criticized by DOJ for a high rate of attrition; he was lauded for minority hires.