Also, below, a piece on the DoJ's own report on the scandal.
MCM

Prosecutor To Probe Firings
Of U.S. Attorneys

by Ari Shapiro

Listen Now [3 min 48 sec] add to playlist

Federal prosecutor Nora Dannehy, a 17-year 
veteran of the Justice Department, will now 
pursue the questions the inspector general was 
unable to answer. AP

<http://www.npr.org/templates/story/story.php?storyId=95187253>http://www.npr.org/templates/story/story.php?storyId=95187253

All Things Considered, September 29, 2008 ยท 
Attorney General Michael Mukasey has appointed a 
federal prosecutor to follow up on a scathing 
investigation of the Bush administration's 
decision to fire nine U.S. attorneys in 2006. The 
Justice Department's inspector general and the 
Office of Professional Responsibility released 
the report jointly Monday morning. It is harsh, 
but incomplete, as key officials in the White 
House and Congress refused to cooperate with the 
inquiry.

The nearly 400-page report provides a road map to 
one of the most chaotic periods in the 
department's history. It has no praise for anyone 
who was in charge then. According to the report:

     * Attorney General Alberto Gonzales "failed 
to exercise appropriate leadership and 
supervision throughout this entire process."
     * Deputy Attorney General Paul McNulty made 
public statements that were "inconsistent, 
misleading or inaccurate."
     * Chief of staff Kyle Sampson, who oversaw 
the U.S. attorney firings, "mishandled the 
removal process from the outset."

All three of those men resigned over the 
controversy, as did more than a dozen others.

Investigators found no evidence that anyone at 
the Justice Department evaluated the reasons for 
firing each U.S. attorney. They also found that 
no one tried to keep improper political 
considerations out of the firing process. That 
means prosecutors may have been fired for 
refusing to indict Democrats or for prosecuting 
Republicans. Indeed, investigators "found 
substantial evidence that partisan political 
considerations played a part in the removal of 
several of the U.S. attorneys."

The most "troubling example," investigators 
concluded, "was the removal of David Iglesias, 
the U.S. attorney for New Mexico." Iglesias was 
fired after Sen. Pete V. Domenici (R-NM) 
complained to the White House and to Gonzales 
that Iglesias was not prosecuting Democrats 
before Election Day.

Iglesias said that when he read the report on 
Monday morning, he felt "a tremendous sense of 
relief and vindication."

"What I've been saying all along has now been 
substantiated," Iglesias said. "That these 
firings were wrongful, that there was no legal 
basis for them, and now it's going to the next 
level, which is they may have broken criminal 
laws."

Investigators cannot say for sure whether anyone 
broke a law in the Iglesias case or others, 
because neither Domenici nor the White House 
would cooperate with the investigation. Former 
White House Counsel Harriet Miers refused to 
testify, as did Karl Rove, former political 
adviser to President Bush.

At one point, the White House created a timeline 
of the U.S. attorney firings. They shared that 
timeline with the Justice Department's Office of 
Legal Counsel, but when investigators asked for 
the timeline, the White House told the Office of 
Legal Counsel not to share the document with the 
investigators.

Sen. Sheldon Whitehouse (D-RI) blamed Mukasey for 
tolerating Bush administration stonewalling.

"Why did the attorney general not direct the 
Office of Legal Counsel to provide the reports?" 
Whitehouse asked. "Why did he not go to the White 
House and say, 'If you're not cooperating, I'm 
not your attorney general any longer?'"

Federal prosecutor Nora Dannehy will now pursue 
the questions the inspector general was unable to 
answer. She is a 17-year veteran of the Justice 
Department who is currently in charge of the U.S. 
attorney's office in Connecticut.

Mukasey appointed Dannehy to lead the 
investigation and instructed her to report back 
within 60 days on the status of the investigation.

One issue she'll examine is whether Gonzales committed any crimes.

George Terwilliger, Gonzales' lawyer, says he is 
upset the investigation will continue.

"The bottom line is the report does not report 
any evidence of criminal wrongdoing," Terwilliger 
said. "And whether they were able to answer all 
the questions they wanted to ask or not is beside 
the point."

Former U.S. attorneys are a close-knit group, and 
on Monday, many of them were reading the report. 
Republican Matt Orwig of Dallas - who was not one 
of the nine attorneys fired in 2006 - says he 
found the report "literally sickening."

Orwig was once called a "loyal Bushie," a 
description he says he finds offensive. Orwig 
says the Justice Department has always had a wall 
of independence from political influence, and 
"that wall of independence was just completely 
torn down, burned and hauled off" during the U.S. 
attorney firings scandal. Orwig says it will take 
years to rebuild that wall.

Legal Affairs
Justice Probe: Partisan Politics Had Role In Firings

by Ari Shapiro
Listen: NPR's Ari Shapiro talks with Steve 
Inskeep about the findings on 'Morning Edition'


<http://www.npr.org/templates/story/story.php?storyId=95187253>http://www.npr.org/templates/story/story.php?storyId=95187253
 

Former Attorney General Alberto Gonzales

Pablo Martinez Monsivais

A new Justice Department report about the firings 
of nine U.S. attorneys stops short of 
recommending criminal charges against top 
officials, including former Attorney General 
Alberto Gonzales. AP 

A long-awaited report from the Justice Department 
released Monday concludes that political partisan 
considerations played a part in the firings of 
nine U.S. attorneys in 2006 but stops short of 
recommending criminal charges against top 
officials.

The dismissals of the lawyers led to the 
resignations of key officials at the Justice 
Department, including Attorney General Alberto 
Gonzales.

The investigation found "significant evidence 
that political partisan considerations were an 
important factor" in the removal of several U.S. 
attorneys and points a finger at Gonzales for 
failing to supervise the U.S. attorney selection 
and removal process.

However, because investigators were unable to 
fully develop the facts of the case - partly 
bcause of the White House failure to provide 
internal documents - the report recommends 
further inquiry to determine whether any criminal 
offense was committed. Attorney General Michael 
Mukasey has followed the report's suggestion and 
appointed a prosecutor - Nora Dannehy - to 
continue the investigation.

The Justice Department's inspector general and 
its Office of Professional Responsibility have 
been conducting the investigation for more than a 
year, holding hundreds of hours of interviews and 
examining tens of thousands of pages of 
documents. The result is a 392-page report 
complete with timelines and other visual aids.

In a statement, Mukasey said the report "makes 
plain that, at a minimum, the process by which 
nine U.S. Attorneys were removed in 2006 was 
haphazard, arbitrary and unprofessional, and that 
the way in which the Justice Department handled 
those removals and the resulting public 
controversy was profoundly lacking."

Mukasey also said he hoped the report takes steps 
to restore the reputations of the affected U.S. 
attorneys. "They did not deserve the treatment 
they received," Mukasey says.
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