The View From Congress
In January 2007, Attorney General Gonzales told a Senate committee that all eight firings were for performance reasons -- that there was no politics in play. "I would never, ever make a change in a United States attorney for political reasons or if it would in any way jeopardize an ongoing serious investigation. I just would not do it."In early March, both Senate and House Committees held hearings on the firings. Testifying: Daniel Bogden (NV), Paul Charlton (AZ), H.E. “Bud” Cummins (AR), David Iglesias (NM), John McKay (WA), Carol Lam (CA).
On 15 March, the Senate Judiciary Committee approved subpoenas for White House officials -- including Kyle Sampson, Michael Elston, William Mercer, Monica Goodling, and Michael Battle -- and six of the fired US Attorneys.
On 20 March, the Senate overwhelmingly (94-2-4) passed a bill rolling back the process for appointing interim US Attorneys to the 1986 code.
On 21 March, the House Judiciary Committee granted authority to subpoena White House and Justice officials, including Karl Rove and Harriet Miers.
The House acted after President Bush refused to allow Congress to take sworn, transcripted testimony from White House staff.
On 22 March, press reports revealed that an analysis of White House and DOJ emails -- released by Congressional staff earlier in the week to seek aid in analysis -- show an 18 day gap. Some are comparing it to the 18 minute gap in the Watergate tapes.
The View From The White House
President Bush asserted executive privilege on 20 March -- saying that Congress could interview staff but not under oath and without transcripts. Legal scholars suggest this is a battle that he cannot win.The concept of executive privilege is that Congress cannot force executive branch staff to disclose information that would affect national security. It's not codified in the constitution, although the parameters were last set out by the US Supreme Court when President Nixon (unsuccessfully) asserted executive privilege during the Watergate investigation. (More from FindLaw)
This pushback comes in the wake of damage control.
On 5 March, high-ranking DOJ employee Michael Battle resigned. Battle -- the executive director of the Executive Office for United States attorneys -- made the phone calls firing several of the attorneys on 7 December 2006.
On 12 March, Kyle Sampson -- the chief of staff to AG Gonzales -- resigned.
Where it Stands
Was there something nefarious in the firing of these US Attorneys or is this simply an example of hard-core political muscle?At least one of the firings appears to have impeded a federal investigation into prominent Republicans: that of Carol Lam (CA). That is illegal -- obstruction of justice is a felony.
In one case -- David Iglesias (NM) -- Congressmen may have violated Congressional ethics rules. Iglesias was contacted by Rep. Heather Wilson (R-NM) and Sen. Pete Domenici (R-NM). Iglesias said he felt pressured by the calls. In addition, John McKay (WA) was contacted by Ed Cassidy, a senior staffer for Rep. Doc Hastings (R-WA). However, McKay advised Cassidy that a request would be improper and Cassidy hung up.
Hard-core political muscle seems to be at play, regardless. According to AP, six of the eight fired attorneys ranked in the top third among their peers for the number of prosecutions filed last year. It's hard to reconcile that fact with "poor performance."
Given the job reviews and this latest AP analysis -- coupled with the historical lack of mid-term dismissals and the timing of the White House requested change to the Patriot Act -- it's clear that these firings were intended to pave the way for a nominee more politically in tune with White House judicial goals.
Circumstantial evidence also points to at least six -- maybe seven -- of the eight being singled out either because they were upsetting Republican donors and leaders or because they were insufficiently punitive on Democrats. I'd call that nefarious.
Well, I really call it the continued expansion and exploitation of executive power that is the one true hallmark of the Bush Administration.