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Thursday, March 08, 2007
The case of the Gonzales Seven
On October 20, 1973, President Richard Nixon ordered then- attorney general Elliot Richardson to fire the special prosecutor, Archibald Cox, who had been appointed by Richardson to investigate the June 17, 1972 Watergate break-in. The Senate Judiciary Committee was in the midst of an investigation into the Watergate scandal. Wikipedia takes it from there:

Cox had earlier issued a subpoena to President Nixon, asking for copies of taped conversations which Nixon had made in the Oval Office as evidence. Nixon initially refused to comply with the subpoena, but on October 19, 1973, he offered what was later known as the Stennis Compromise – asking U.S. Senator John C. Stennis to review and summarize the tapes for the special prosecutor's office.

Cox refused the compromise that same evening, and it was believed that there would be a short rest in the legal maneuvering while government offices were closed for the weekend. However, President Nixon acted to dismiss Cox from his office the next night – a Saturday. He contacted Attorney General Richardson and ordered him to fire the special prosecutor. Richardson refused, and instead resigned in protest. Nixon then ordered Deputy Attorney General Ruckelshaus to fire Cox; he, too, refused and was fired by Nixon.

Nixon then contacted the Solicitor General, Robert Bork, and ordered him as acting head of the Justice Department to fire Cox. Richardson and Ruckelshaus had both personally assured the congressional committee overseeing the special prosecutor investigation that they would not interfere – Bork had made no such assurance to the committee. Bork complied with Nixon's order and fired Cox.

Congress was infuriated by the act, which was seen as a gross abuse of Presidential power. In the days that followed, numerous bills of impeachment against the President were introduced in Congress.
As the scandal mounted, and facing almost certain removal from office, Richard Nixon finally resigned his office on August 9. 1974. The firing of the special prosecutor, and the subsequent resignation of the attorney general, Mr. Richardson, and the dismissal of his deputy, William Ruckelshaus, would become known as the "Saturday night massacre." Nixon's defense of his actions would yield the classic Nixonian phrase, "I am not a crook." The Special Prosecutor statute followed soon after, and would live to bedevil nearly every future president.

Fast forward to 2007. The attorney general is now Alberto Gonzales, a longtime crony of President George W. Bush. On December 7, 2006, just one month after Republicans succumbed to a Democratic election sweep that handed the House and Senate to the former party out of power, Attorney General Gonzales fired seven U.S. attorneys -- all Bush appointees; and all either Republicans or registered Independents -- in what has come to be known as the "Pearl Harbor Day massacre." (An eighth had stepped down in October, under circumstances still under inspection.) Who were they, and why were they fired? Here's TIME Magazine's take:
The White House approves all U.S. attorneys, who function as the federal government's chief prosecutors in 93 jurisdictions around the country. As political appointees, they serve "at the pleasure of the President," and can be replaced, at least theoretically, at any time for any reason. But group firings in the middle a presidential term are highly unusual. Though Attorney General Alberto Gonzales insisted to Congress that "I would never, ever make a change in a U.S. attorney position for political reasons," critics were outraged at the December dismissals, among them the firing of an Arkansas U.S. attorney to make way for Timothy Griffin, a prot駩 of White House political guru Karl Rove. The outcry forced Griffin to withdraw. Gonzales' top deputy later claimed the firings were necessary because of "performance-related" issues. But it was later revealed that all but two of the dismissed prosecutors had won outstanding evaluations for competence.
As for the identities, (six of the eight testified this week before teh House judiciary committee) they are:

1) David Iglesias (New Mexico) - according to TIME:

Iglesias ... testified that he felt "leaned on" by Sen. Pete Domenici over a case he was pursuing. Iglesias said the New Mexico Republican and former mentor hung up on him after learning Iglesias would not seek indictments in a criminal investigation of Democrats before the 2006 election. "He said, 'Are these going to be filed before November?'" Iglesias recalled. "I said I didn't think so... to which he replied, 'I'm very sorry to hear that.' And then the line went dead. "I had a sick feeling in the pit of my stomach," Iglesias testified. "Six weeks later I got the call that I had to move on." The ousted prosecutor also said that Heather Wilson, a Republican House member from New Mexico, had called him about the same issue.

Both Domenici and Wilson confirmed that they had gotten in touch with Iglesias, but denied pressuring him in any way. The Justice Department also acknowledged that Domenici had called Attorney General Alberto Gonzales and his top deputy four times to complain about Iglesias' behavior, inquiring whether he was "up to the job."

Domenici has since lawyered up.

2) H. E. "Bud" Cummins (Little Rock, Arkansas) -
[Cummins] testified that he had e-mailed fellow ousted prosecutors last month, warning them of a threatening message conveyed by a senior Justice Department official. Cummins' e-mail, which was released publicly, quoted the Justice official as warning that if fired U.S. attorneys continued to talk to the media or volunteered to testify before Congress, the department "would feel forced to somehow pull their gloves off" and fight back. The DOJ denied the allegation.
In addition, once Cummins was ousted, his position was filled "on an interim basis" by a guy named Tom Griffin who is, surprise, surprise, a former aide to Karl Rove -- an aide who stated that he would step down if forced to face Congressional confirmation because of the "partisan circus" surrounding him. Cummins ouster to make room for a Rove aide has pushed Senator Mark Pryor of Arkansas to take an unusual seat -- in the House witness chair -- to testify that he felt misled about the reasons for Cummins' dismissal and could not support Griffin's nomination.

3) John McKay (Seattle) -
... declared that a top aide to Rep. Doc Hastings, the former Republican chairman of the House Ethics Committee, had called him to ask detailed questions about a politically charged investigation McKay was conducting into the disputed 2004 election of Washington state's Democratic Gov. Christine Gregoire. Hastings and his aide have denied the allegation.
4) Carol S. Lam (San Diego) - She is the prosecutor who indicted Kyle "Dusty" Foggo, the defense contractor turned bribery suspect. Also:
Lam oversaw the probe that resulted in the guilty plea of then-Rep. Randy "Duke" Cunningham, a Republican. Two others connected to that case, including a former senior CIA official, were indicted two days before Lam left the job on Thursday.
5) and 6) Daniel Bogden (Nevada) and Paul Charlton (Arizona) -
... were also in the midst of investigations targeting current or former Republican members of Congress when they were fired. And in New Mexico, Iglesias's office had been examining alleged wrongdoing involving state Democrats.
7) Kevin Ryan (San Francisco) - let go for reasons unclear.

As for the alleged eighth fire, TPM Muckraker has this to say:
Debra Wong Yang, the former U.S. Attorney in Los Angeles, Calif. Yang was overseeing the investigation into Rep. Jerry Lewis (R-CA). She announced her resignation in October 2006, but to date there hasn't been evidence that her departure was forced.
And what about the White House? The WaPo reported this week:
The White House approved the firings of seven U.S. attorneys late last year after senior Justice Department officials identified the prosecutors they believed were not doing enough to carry out President Bush's policies on immigration, firearms and other issues, White House and Justice Department officials said yesterday.

The list of prosecutors was assembled last fall, based largely on complaints from members of Congress, law enforcement officials and career Justice Department lawyers, administration officials said ...

...The seven prosecutors were first identified by the Justice Department's senior leadership shortly before the November elections, officials said. The final decision was supported by Attorney General Alberto R. Gonzales and his deputy, Paul J. McNulty, and cleared with the White House counsel's office, including deputy counsel William Kelly, they said.
So far, the Judiciary Committee has begun hearings on the matter, which TPMM has been covering extensively.

Meanwhile, the Senate is preparing to push through legislatioon that would require the body to confirm any future U.S. attorneys, ostensibly, giving them a say in when they're let go.

The bedevilment has begun.

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posted by JReid @ 8:13 PM  


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