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Ex-Marine Is Praised as Tough, Skilled
 _____From The Post_____

By Dan Eggen
Washington Post Staff Writer
Friday, July 6, 2001; Page A01



The U.S. attorney's office in San Francisco was, by all accounts, a shambles.
Prosecutions had plummeted to a record low, some of the office's best lawyers
were jumping ship, and even the defense bar was clamoring for change.

The Clinton administration, desperate for a reformer, turned to a lifelong
Republican, Robert S. Mueller III.

Within weeks of taking over in August 1998, Mueller had forced all of the
office's supervisors to reapply for their jobs, and none were retained in
their original slots. A few months later, the decorated ex-Marine was
recommended for the job permanently by none other than Sen. Barbara Boxer
(D-Calif.), one of the more liberal lawmakers on Capitol Hill.

"It was a troubled office, and he shook things up," Boxer recalled yesterday.
"The U.S. attorney's office had an ingrained culture that was hard to change,
but he was able to change it very rapidly. I think he will be able to do the
same with the FBI."

Mueller, nominated for the job of FBI director yesterday by President Bush,
comes with glowing recommendations from politicians and lawyers on both sides
of the political aisle, hailed for having the kind of tough management style
that many say is needed at the troubled institution.

The 56-year-old prosecutor came to prominence in Washington during the
previous Bush administration, supervising the proceedings against Manuel
Noriega and John Gotti and heading up investigations of the Pan Am 103
bombing and the BCCI banking scandal. He also served earlier this year as
acting deputy attorney general, the Justice Department's second-in-command,
until Larry Thompson was named to the post.

He is widely and uniformly described by present and former colleagues in
cliches: tough-as-nails, straight-shooting, no-nonsense. Communications with
colleagues are direct and to the point. He shuns the press and the limelight,
and he tends to keep a low profile in public.

At his appearance yesterday at the White House Rose Garden to accept his
nomination, Mueller spoke just 79 words.

"He comes off as your central-casting ex-Marine: tough, no-nonsense, and not
suffering fools gladly," said Michael R. Bromwich, a former Justice
Department inspector general who dealt with Mueller during the transition
into the Clinton presidency. "None of us should be in the business of
suggesting that Superman is going to come in and save the day, but . . . he's
got as good a chance as anyone around to grab this institution by the throat
and reform it."

Some have bridled at Mueller's hard-charging style. One former colleague in
the U.S. attorney's office in Washington said Mueller has a low tolerance for
people who don't share his work ethic, which usually includes 12-hour days,
and will shake offices up to improve production. "Some felt he was
unnecessarily gruff," the former colleague said.

William H. Webster, the former director of the FBI and the CIA who is heading
up one of four ongoing investigations of the bureau, said, "Bob's not warm
and cozy in his general demeanor."

But even many of those who have faced him in bitter courtroom battles, or
those who have lost out to him for jobs, tend to give Mueller high marks. In
part, Mueller seems regarded by many former colleagues as the embodiment of
an ideal: the selfless, apolitical prosecutor.

"Bob has a quirky kind of charisma. You end up wanting to make the guy happy,
a little out of fear and a little out of respect," said Rory Little, a law
professor at the University of California Hastings College of the Law in San
Francisco. Little was a leading candidate for the U.S. attorney's job there
in 1998.

"You think to yourself, there must be a flaw or a crack in the facade, some
sort of dark side," Little added. "But the more you work with him the more
you realize, he is what he appears to be."

One of Mueller's career choices is legendary among the fraternity of lawyers
who have spent time as federal prosecutors. After a couple of unhappy years
in private practice after the end of the Bush administration, Mueller decided
to take a job as a front-line prosecutor handling homicide cases at D.C.
Superior Court.

"He called up out of the blue and said he wanted to try murder cases,"
recalled Eric H. Holder Jr., who was then the U.S. attorney for the District.
"I was like, 'What?' Here's this guy who was the former assistant attorney
general, the head of the criminal division, and he came to the U.S.
attorney's office and tried cases as a line guy. . . . He wanted to try
cases. He didn't want special treatment. He wanted to make a difference, and
he did."

When Holder became deputy attorney general under Janet Reno, he recommended
Mueller for the San Francisco job.

During his tenure there, officials said Mueller increased the number of women
in supervisory positions to more than half and improved the representation of
racial minorities. His prosecutorial focus during the last three years has
included a new emphasis on white-collar and high-tech crimes, in addition to
crackdowns on major drug rings, colleagues said.

Mueller's popularity in heavily Democratic San Francisco comes despite his
generally conservative politics. Mueller was the first U.S. attorney in
California's Northern District to seek the death penalty since Congress
reinstated the federal punishment in 1988, and he argued this year in favor
of pursuing the execution of accused FBI spy Robert P. Hanssen despite
intelligence community concerns, according to sources.

The number of federal criminal cases and the number of trials in the San
Francisco district has doubled during Mueller's tenure. Little said Mueller
is a strong supporter of mandatory minimum sentencing, which has come under
increased criticism for its impact on low-level drug criminals.

Mueller also implemented new guidelines that, according to many defense
lawyers, made it harder to obtain plea agreements. Some in the defense bar
also said the rules would require their clients to give up the right to see
evidence that might help their case.

Timothy Lynch of the Cato Institute, a libertarian think tank, said the
policy was troubling considering the FBI's problems with disclosure of
records, most recently in the case of Oklahoma City bomber Timothy McVeigh.
"This has been a pattern on the part of the FBI, their failure to meet their
legal discovery obligations," he said. "Now we have the Bush White House
bringing in somebody who has tried to limit those obligations."



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