What was the U.S. Attorney Purge Meant to Achieve?
It's beyond question now that the purge of eight U.S. attorneys was motivated almost entirely by politics and directed from the White House "OPA" through Kyle Sampson. Prosecutors who were either going after Republican office-holders or not prosecuting alleged Democratic crimes represent at least five of those purged.
But there is still a puzzle here. What did the administration expect to accomplish? This is a serious question. If David Iglesias's offense was in not bringing indictments against a prominent New Mexico Democrat, or prosecuting voter fraud, in time to help Rep. Heather Wilson's reelection, firing him won't undo that fact. Similarly, Carol Lam's investigation of Randy "Duke" Cunningham is out of the gate; it would be pretty difficult for a new U.S. Attorney to stop it before it leads wherever it leads.
So I can think of three possible reasons for the purge: One is simple political vengeance, punishment for the sake of punishment. They screwed us, we screw them. That's a good possibility, but it doesn't actually do anything to ensure that the next U.S. Attorney is going to be more of a "loyal Bushie" than the Bushie they appointed in the first place and are now firing. And it doesn't adequately explain such a slow and deliberate process.
The second possibility is that the replacements have marching orders -- e.g., that Iglesias's successor knows that he's expected to indict some Democrats and Lam's successor knows to yank the leash on the Cunningham-Foggo probe. If so, that would be a level of obstruction of justice well above and beyond the self-evident obstruction we already know about.
A third possibility is that the firings were meant to be a signal to other U.S. Attorneys about what kind of loyalty was expected. It sounds like U.S. Attorneys talk to each other a lot and have a pretty good handle on who's doing a good job and who has problems in their office. The remaining U.S. Attorneys would know that their fired colleagues were not fired for poor performance, and could read between the lines. When a Senator calls them, or they stumble across evidence of Republican corruption, somewhere in the back of their mind would be the intimidaing awareness of what happened to Iglesias, McKay, Charlton or Lam.
If that's the case, though, the fact that the eight were fired were political reasons was meant to be a kind of open secret -- never stated, but known to the audience that mattered, the other U.S. Attorneys.
I don't know which it is, but it seems like the next big question to start asking.



Comments (174)
It's a dot. One in a long line.
Mr. Rove (when Bush told the nation that any leakers in the WH would be fired), had his duties re-assigned to focus on the '08 elections and regaining majorities.
With other political plum operatives layered six deep in any department you look at, directing and influencing the career people to carry out the "administration policy", is it really that hard to connect the easing out of USA's for more "policy loyalists" to the impending needs of the Rove legacy?
If Karl can't get them back in the majority, he's a failure. Period.
It will take all means of tricks this time and Mr. Rove's magic hat is nearing the bottom. So what's a little obstruction, a few phony voter fraud cases and Dem DirtDigging among friends?
These guys eat their dead, and if they don't have any dead, they'll kill a few. Democrats still underestimate the nature of this coup....
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
March 22, 2007 9:34 AM | Reply | Permalink
A fourth possibility is that they had eight guys at the top of the "favors owed to" list, and had to free up some vacancies to pay off the favors.
I think the answer is probably "all of the above".
March 22, 2007 10:04 AM | Reply | Permalink
Kagro X nailed this over at DKos.
Who is largely responsible for enforcing congressional subpoenas? DOJ. Stack DOJ with your boys and Congress gets to have the pleasure of conducting trials themselves to get the information they want or watching DOJ ignore their orders.
Seems like a pretty good explanation to me.
March 22, 2007 10:04 AM | Reply | Permalink
My bet: mostly two and three plus a twist on three they want to make very sure that there is no USA willing to prosecute the thievery that is now in the works as they head out the door and the Republican Party voter fraud being prepared for 2008.
global citizen
March 22, 2007 10:17 AM | Reply | Permalink
Well, all three.
But I note that this is a vengeance-based administration.
These people live for payback. They treasure every imagined or real slight, and they go for it. Don't imagine that Plame was anything but payback. They've got their hatred going.
March 22, 2007 10:29 AM | Reply | Permalink
Me, I'm of the 'shoot a couple coyotes, and leave the bodies where the others can smell the blood' school.
Patria est ubicumque est bene. Their 'homeland' is wherever they can turn a buck. Cicero, Tusculan Disputations
March 22, 2007 11:08 AM | Reply | Permalink
What was the U.S. Attorney Purge Meant to Achieve?
Wrong question.
See Adam Cohen's recent essay, It Wasn’t Just a Bad Idea. It May Have Been Against the Law for the Times.
Cohen:
It is true, as the White House keeps saying, that United States attorneys serve “at the pleasure of the president,” which means he can dismiss them whenever he wants. But if the attorneys were fired to interfere with a valid prosecution, or to punish them for not misusing their offices, that may well have been illegal.
Some crimes that a special prosecutor might one day look at:
1. Misrepresentations to Congress. The relevant provision, 18 U.S.C. § 1505, is very broad. It is illegal to lie to Congress, and also to “impede” it in getting information...Convictions of this kind are not common, but they happen. Just ask former White House aide David Safavian, who was convicted last year of making false statements to a Senate committee.
2. Calling the Prosecutors. As part of the Sarbanes-Oxley reforms, Congress passed an extremely broad obstruction of justice provision, 18 U.S.C. § 1512 (c), which applies to anyone who corruptly “obstructs, influences, or impedes any official proceeding, or attempts to do so,” including U.S. attorney investigations...
3. Witness Tampering. 18 U.S.C. § 1512 (b) makes it illegal to intimidate Congressional witnesses. Michael Elston, Mr. McNulty’s chief of staff, contacted one of the fired attorneys, H. E. Cummins, and suggested, according to Mr. Cummins, that if he kept speaking out, there would be retaliation. Mr. Cummins took the call as a threat, and sent an e-mail message to other fired prosecutors warning them of it. Several of them told Congress that if Mr. Elston had placed a similar call to one of their witnesses in a criminal case, they would have opened an investigation of it...
4. Firing the Attorneys. United States attorneys can be fired whenever a president wants, but not, as § 1512 (c) puts it, to corruptly obstruct, influence, or impede an official proceeding... Anyone involved in firing a United States attorney to obstruct or influence an official proceeding could have broken the law.
March 22, 2007 11:08 AM | Reply | Permalink
This ties in to the question that's on my mind: what are they trying to hide? The gap in e-mails and the snarling claim to some kind of super-constitutional privilege to ignore Congress on this issue tells me they have something to hide. I'm getting a kind of Watergate feeling about all this, but the firing of the attorneys itself, no matter what the motive, shouldn't be enough to start this kind of battle.
Three possibilities: One) They have something big they are hiding, something even impeachable. This would be about the firings themselves, I imagine. Two) The administration is punch drunk from recent setbacks, plus it still has a hangover of arrogance from the good old days of total control. Three) Things are so bad they look on this fight as an opportunity to reverse their political fortunes, like Clinton's standoff with Congress in '95-'96 did.
I really think at this point their motives for the firings themselves are a relatively minor issue, a card that will crash to the ground when we figure out why they have gone to the mattresses over this thing.
In times of peace, the wise man prepares for war. -- Horace
The blade itself incites to violence. -- Homer
March 22, 2007 11:13 AM | Reply | Permalink
Also Marty Lederman at Jack Balkin's blog, Did Anyone in the White House Act Unlawfully?:
Lederman:
Is that right?
If there was any crime committed here, it was probably the "corrupt" influencing of a government proceeding. See 18 U.S.C. 1505 ("Whoever corruptly . . . influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, . . . Shall be fined under this title, imprisoned not more than 5 years"); and 18 U.S.C. 1512(c)(2) ("Whoever corruptly . . . obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.")
If, say, Karl Rove, or Harriet Miers, or someone else in the White House, tried to pressure the U.S. Attorneys to drop investigations because the targets (e.g., Duke Cunningham) were Republicans, or to press certain investigations or prosectutions because the targets were Democrats (e.g., pressure to bring "vote fraud" cases regardless of whether there was any evidence of such fraud), that would arguably be an attempt to "corruptly" influence official proceedings -- to bring improper influences to bear on whether an investigation goes forward, or whether a prosecution is initiated. This is especially so because, as my colleague Julie O'Sullivan has explained in a very informative recent article (96 Journal of Criminal Law & Criminology 643, 697-708 (2006)), the definitions of "corruptly" in these statutes are exceedingly vague and capacious, and could easily encompass such behavior . . . if it that's what happened.
[...]
In any event, even if the corrupt-influence statutes are inapposite here, pressuring the U.S. Attorneys to make prosecution decisions based on the partisan affiliation of the possible defendants would still be unlawful, because it would violate the President's constitutional obligation to take care that the laws are faithfully executed. Indeed, the very act of removing the U.S. Attorneys might itself constitute a "take care" violation if they were fired so as to prevent prosecution of Republicans, or to smooth the way for unwarranted prosecutions of Democrats. Just because the President can remove U.S. Attorneys at will does not mean that any ground for removal is permissible. There are constitutional limits. He could not fire them because of their religion or race, for instance. And he could not fire them in order to ensure partisan prosecutorail decisionmaking.
Ibid. Lederman on executive privilege.
March 22, 2007 11:27 AM | Reply | Permalink
I think in order for this theory to be creditable, you would have to suppose that Rove & Co. new way back in 2005 that they'd lose the coming mid-tern election.
At the time this fiasco started, the conventional wisdom was that the R's would win in a walk.
It seems clear the administration never thought they'd have to justify replacing the USAs, so I think they were trying to get loyalists in office with probably unwritten, tacit orders - albeit clearly understood orders - to sabotage those investigations.
March 22, 2007 11:30 AM | Reply | Permalink
I suspect we have a number that are smoke screening the real reason. I think it's the "voter fraud" investigations that these folks wanted to blow up so the state legislature and/or governor in these locations could enact legislation like "photo id".
Missouri went through that mess. Filling out a faulty registration card--even with your dog's name--does NOT register one to vote; the election board exists to catch those errors, and they were caught here. But the election board here in the city, like in Florida, removed a bunch of folks off the voting rolls and during an important election, hundreds of folks were being told they could not vote.
As a result of this "chaos" caused by the bipartisan board (smelling a rat, anyone), we had legislation forcing a photo ID. Thankfully, we also have very strong wording in our constitution and our court overturned it before the November midterms. It would have disenfranchised a whole block of voters--most of whom, according to polling, would have voted Democratic.
IMHO, this is where the rats are...right in the "voter fraud" arena. Provable? Probably not unless some digging is done in those states.
March 22, 2007 11:30 AM | Reply | Permalink
It is short-sighted to look at the attorney purge as a solely partisan issue. This scheme was far grander. It strikes at the very foundation of our democracy where the fundamental tenet is that we are a democracy based on governance by law. If the law is policized we have no democracy.
It is the rule of law that the actions of Rove strike at. The very core of our democracy. Rove set out to transforma the US Attorneys into partisan hacks. No longer would investigations, or lack of prosecution be based on the rule of law but rather on political considerations. Doing so jeopardizes the entire US federal justice system. It turns that the Department of Justice into a GOP Office of Inquistion.
Purgegate is about subversion of the foundation of American government and the legal system. Rove fires the outstanding performers who are upholding the law based on justice and rule of law to intitmidate the minions and mediocre attorneys. The weak will fall in line, when the strong fall first. The justice system is being used like a hammer for the mob. This is an 8 year process, these 8 attorneys are the most recent and bungled incident. The tip of the iceberg is what they represent.This is huge, the cases where DOJ has intervened for political reason are going to be in the hundreds. What American then will believe in due process and justice under the law?
The media is attempting to spin this as about GOP vs. Dems, and it is way bigger. If the focus is shifted to politics as usual in DC, we lose our democracy.
This is about the integrity of the justice system.
This is about co-equal branches of government and undermining the rule of law in our democracy. Executive privledge is about testifying, not refusing oath and transcribing. Oath and transcribing are investigative power, not executive priveledge. Agreeing to talk, relinquishes Executive privledge.
This is about our rights under the Constitution being subverted by the very legal system charged with executing and defending them.
If American citizens no longer believe in the rule of law or due process then we are looking at dismantling a 200 year Young democracy and being a third world country ruled by the fiat of the Chief Decider!
This is why Bush keeps emphasizing and shouting like Idi Amin that the USA serve at 'the pleaseure of the President' he actually believes that he gets to tell US Attorneys how to do their jobs and which cases will/will not be prosecuted. Bush and Rove beleive there is no such thing as justice....there is just us!
Even worse, the MSM keeps emphasizing that this administration has done nothing illegal and this is just political fighting between Dems and GOP! It is NOT!
MLK said " Never forget that what Hitler did in Germany was legal"
March 22, 2007 11:44 AM | Reply | Permalink
Another thing that resonates re Purgegate and those reportedly involved, Hal Holbrook as Mark Felt prodding Woodward, the concrete sequential, often impenetrable everyman of stenographers purporting to be journalists:
Look, forget the myths the media's created about the White House -- the truth is, these are not very bright guys, and things got out of hand.
Oh for the days when men were men (metaphorically, i.e., Elizabeth Holtzman). And Democrats too.
March 22, 2007 12:01 PM | Reply | Permalink
What was the US Attorney Purge meant to achieve?
There seems to be a little controversy here about whether we should focus on the attorney firings as a "political" (ie Republican vs. Democrat) issue, or as a legal issue, with the main issue seeming to be obstruction of justice.
May I suggest that there are actually 3 levels at which to talk about this issue?
The first would be "the firings were political, as in Republican vs. Democrat."
The second would be "the firings may have been illegal, as in obstruction of justice."
But the third level (and I think this is what the writer of the article is trying to get at) is that
"The firings were POLITICAL, as in Dictatorship vs. Democracy."
It's the uncomfortable, third meaning of political that is starting to be the topic of discussion here--a sense that if our analysis doesn't move beyond both levels one and two we are in danger of missing the point entirely.
If the firings were part of an overall strategy to marginalize voting itself by marginalizing the greatest number of opposing votes possible, then we are solidly into level 3.
March 22, 2007 12:01 PM | Reply | Permalink
Mark: I was just asking myself this very question. I suspect there are different answers for different US Attorneys. But Tim Griffin is the one most likely to explain the provision slipped into the Patriot Act removing the need for Senate confirmation, and in his case, I suspect the answer is:
Send the Republicans' chief oppo researcher to Arkansas, where Hillary Clinton spent most of her adult life, with subpoena power.
At taxpayers' expense.
March 22, 2007 12:10 PM | Reply | Permalink
I think, though, that you have put your finger on a significant factor. U.S. Attorney positions are highly coveted, and are a stepping stone toward the federal bench or a career in politics.
It may be as simple as the Bush Administration deciding, "These eight aren't out friends any more, and we're not going to nominate them for the federal bench, so let's clear 'em out of the way so we can build the résumés of people we like."
The Bush Administration's emphasis on performance and competence seems ironic, given that there are many U.S. Attorney positions which have been filled by people who, although qualified to do the job, few would argue to have been the best available nominee. I don't want to diminish, for example, the legal or personnel management skills of Strom Thurmond, Jr., but at age 29 and about three years out of law school was he truly the most qualified candidate the Bush Administration could come up with as U.S. Attorney for South Carolina?
March 22, 2007 12:10 PM | Reply | Permalink
Maybe the reason is a little simpler - the job skill most highly weighted by the administration as said by Kyle Sampson is "loyalty to the President and loyalty to the AG." No need to demonstrate an understanding of the constitution or the rule of law because that doesn't concern this administration.
The track record of the appointment policy in this administration would make that obvious. Appointing someone based on his/her qualification for the job seems to be at the bottom of the scale ("heckofajob, Brownie") while loyalty is at the top of the scale.
March 22, 2007 12:13 PM | Reply | Permalink
Until Jerry Lewis is indicted, I don't think we can comfortably say that investigations have not been impeded.
Furthermore, one has to put this together with other partisan use of governmental functions. Wasn't the IRS lately investigating churches that supported POLICY positions that were contrary to Republican candidate policy positions? What church that ENDORSED a Republican candidate has been investigated?
If you look at this action in isolation, it may look like it had minimal objectives. But in the program of politicizing and putting the ENTIRE government to partisan use, it is much more obvious. Remember that FEMA got the money out in Florida BEFORE the 2004 election, then made recoveries in 2005.... It is all the same puzzle.
March 22, 2007 12:17 PM | Reply | Permalink
Wasn't that Guam US Attorney replaced as part of the attempt to protect Abramoff's corruption?
To the extent that particular case was documented and proven, it provides a very clear precedent for the current situation. Convicted burglars tend to have very little credibility when they're arrested for eight additional burlaries in the same neighborhood...
March 22, 2007 12:19 PM | Reply | Permalink
Granted there are many impeachable offenses committed by these hooligans, but I think the missing e-mails from late November are where the real problems show themselves. This is like the 18 missing minutes in Nixon's tapes. But I think we can recover these missing e-mails.
Isn't it nice to be able to have oversight?
March 22, 2007 12:22 PM | Reply | Permalink
Reasons for the purge? All of the above and a few more that we don't know about yet.
Bush/Cheney slogan- "Democracy into Iraq after we remove the last vestiges of it in the US."
Tom
March 22, 2007 12:24 PM | Reply | Permalink
What was the U.S. Attorney Purge Meant to Achieve?
It's another Rove manuver, like playing chess, and when your opponent isn't paying attention, you slip in between the two pieces, forcing your opponent to lose one, can't protect both.
So now the the only power to intervene is the Democratic House, the people in the US failed to give the majority to the Democrats in the Senate.
Bush now claims he'll fight this all the way to the Supreme Court. Show down! But not to fear Bush "stacked the Court" Allito and Roberts,
Checkmate!
Here's the objective
Republican Policy Committee Jon Kyle Chairman http://www.committeeforjustice.org/contents/reading/092804.pdf
March 22, 2007 12:32 PM | Reply | Permalink
chuckie,
I'm curious as to why you think the issue/goal of jurisdiction stripping and the attorney scandal are related?
March 22, 2007 12:42 PM | Reply | Permalink
I've always thought Duncan Hunter was involved in the Cunningham scandal too.
Republican John Doolittle of Ca. was also stinking up the place.
March 22, 2007 12:54 PM | Reply | Permalink
It was part of Rove's plan to create a permanent Republican Federal Government.
March 22, 2007 12:57 PM | Reply | Permalink
I thought that this post from firedoglake on The Math was interesting. It always comes back to Rove, doesn't it?
March 22, 2007 1:01 PM | Reply | Permalink
And yet the administration didn't pull pin and throw on this one until after there was a Democratic Congress. If anything I'd say it was a contingency plan that they decided to implement to save their hides.
March 22, 2007 1:45 PM | Reply | Permalink
Yeah, that seems likedly, but the Dems better watch out for the sucker punch.
March 22, 2007 2:12 PM | Reply | Permalink
What really happened, IIRC, is that Jack claimed that he go the USA for Guam removed. It was for some other (and I can't remember if it has been specified) reason. However, for Jack, it worked like the old draft board scam -- claim you can get a 4-F for someone, take their money, and do nothing. If they get drafted, say "sorry" and give the money back; otherwise, laissez les bontemps rouler.
March 22, 2007 2:18 PM | Reply | Permalink
Professors Donald Shields and John Cragan collected data on the political profiling of elected officials during the Bush Administration.
Here are the summary results, which were updated 3/17/2007.
Candidates & Elected Public Officials (Federal, State, Local) Investigated by the Bush Justice Department
Democrats 298 - 79.47%
Republicans 67 - 17.87%
Independents 10 - 2.66%
Chi Square Expected Frequencies
Democrats 188 - 50%
Republicans 154 - 41%
Independents 34 - 09%
This should answer one question.
War does not determine who is right - only who is left. Bertrand Russell
March 22, 2007 2:28 PM | Reply | Permalink
Additional information on the above.
Local investigations by far outnumber state and federal investigations.
Out of 375 total investigations, 309 were local.
Democrats 262 - 84.79%
Republicans 37 - 11.97%
Independents 10 - 3.24%
Chi Square Expected Frequencies
Democrats 155 - 50%
Republicans 127 - 41%
Independents 28 - 09
War does not determine who is right - only who is left. Bertrand Russell
March 22, 2007 2:50 PM | Reply | Permalink
The attorney purge was clearly without precedent.
But do we know how unprecedented the political profiling in state and local cases was? Do we have any breakdowns for any previous administration?
March 22, 2007 2:59 PM | Reply | Permalink
Excellent points.
Let's hope that the committee's investigators are looking into these types of issues. Even pathological control freaks act out for a reason - so their rationale is as important as their act.
March 22, 2007 3:31 PM | Reply | Permalink
Everything they have ever done has been to create the permanent Republican majority. Everything.
March 22, 2007 3:37 PM | Reply | Permalink
As the screw turns.
From today's WaPo, Prosecutor Says Bush Appointees Interfered With Tobacco Case:
Sharon Y. Eubanks said Bush loyalists in Attorney General Alberto R. Gonzales's office began micromanaging the team's strategy in the final weeks of the 2005 trial, to the detriment of the government's claim that the industry had conspired to lie to U.S. smokers.
She said a supervisor demanded that she and her trial team drop recommendations that tobacco executives be removed from their corporate positions as a possible penalty. He and two others instructed her to tell key witnesses to change their testimony. And they ordered Eubanks to read verbatim a closing argument they had rewritten for her, she said.
"The political people were pushing the buttons and ordering us to say what we said," Eubanks said. "And because of that, we failed to zealously represent the interests of the American public."
Eubanks, who served for 22 years as a lawyer at Justice, said three political appointees were responsible for the last-minute shifts in the government's tobacco case in June 2005: then-Associate Attorney General Robert D. McCallum, then-Assistant Attorney General Peter Keisler and Keisler's deputy at the time, Dan Meron.
Sid Blumenthal at Salon, What Bush is hiding:
John McKay... David Iglesias... Carol Lam... Daniel Bogden... H.E. "Bud" Cummins... Paul Charlton...
In each of these public corruption cases, it is reasonable to assume that the relevant Republican political figures either themselves complained or complained through surrogates about the U.S. attorneys to Rove, the matrix of national GOP politics. But which officials -- instead of foolishly making direct calls to the U.S. attorney, like Domenici and Wilson -- went through Rove to stymie the investigations (or rush them, if they were targeting Democrats)? Then, what did Rove say about the individual U.S. attorneys to the White House Office of Legal Counsel and officials in the Justice Department?
Bush's resistance to having Rove placed under oath or even having a transcript of his testimony appears to be a coverup of a series of obstructions of justice. The e-mails hint at the quickening pulse of communications between the White House and the Justice Department. But only sworn testimony can elicit the truth.
March 22, 2007 3:50 PM | Reply | Permalink
Yes, yes... I choose Lewis for his high profile position, but in truth the entire California Republican delegation might be indicted.... Undoubtedly their evil patron (Mr. Rove) realized this as well.
March 22, 2007 4:32 PM | Reply | Permalink
The report is posted here.For those of you who have seen me post, you know I am no fan of the Bush administration. However, I am also no fan of questionable research methods. Chi Square is utterly inadequate for the investigation of this question.
There are also other reasons to be suspicious of it. First, it is reported by professors of communication, not by professors of political science, public policy, public management, public administration, etc. While it is true that they report on material found in newspapers, thus it may be a communications matter, there is reason to suspect that the professors are not the most likely to have the right background.
Second, the report has been presented to one regional and one national communications association conference. Again, the wrong venue. There is no report of publication in a peer reviewed journal and likely there will be none because Chi Square is utterly inadequate for the investigation of this question. The data are there for someone to analyze if they have the time. It likely would be interesting. But this analysis is not adequate.
March 22, 2007 4:46 PM | Reply | Permalink
"...I don't know which it is, but it seems like the next big question to start asking...."
I love this. Mark is basically saying we have a non-crime, in a political world, that has no motive. Perfect.
So now he is calling his life line to the left blogosphere to ask for help in finding a motive.
Mark acknowledges that unlike the Rostenkowski scandal under Clinton, these guys are not hot on the trail to a conviction that the administration is trying to cover up. The so called evidence of scandal are foot dragging and not doing what prosecutors are supposed to do, and that is prosecute.
Furthermore as Mark acknowledges, these examples would not of had any effect, so where is the motive. In the case of Lamm in San Diego, no Republican has shown any sympathy for the criminal actions of Cunningham, unlike William Jefferson who was caught red handed with the "cold cash" and has been given a free ride by his fellow democrats. Lamm, lives in a state that impeached their Chief Justice for openly stating that she would continue to refuse to allow death penalties to be enforced against the law of California. They have a tradition of liberal justice officials, proudly vowing to thumb their nose at the law and be prosecutorial foot draggers.
Lamm, refused to prosecute cases on her desk on traffickers of human flesh in a state that both sympathizes with Mexican immigrants and at the same time wants the immigration problem fixed. Lamm's office looks to the south into Baja California, yet she drew the wrath of Diane Feintstein, by going after high profile cases and skipping cases she didn't like.
The pressure from Feinstein voiced her concern as was the concern for many US attorneys and that is, prosecute criminals regardless of political affiliation. Many of these Prosecutors were footdragging. Notice how you didn't see complaints againt Lamm from Boxer who is much less interested in Immigration that Feinstein. Does Boxer not care about Lamm's failure to do her job? Let's just say when Feinstein received complaints, they found a person that would share their concern for a lack of action on serious law breaking.
The left believes this case will be their meal ticket. I sure hope they continue to pursue this.
Bush will win this one and that is what is pissing off the Dems. Bush knows that Leahy and the rest are discussing this very topic about how there is a non-crime with no motive. Bush knows if they continue to scream for subpeonas and hearings and no one shows up, they will look like "all hearings and non binding resolutions, but no action".
If the only press they get is the two years they spent screaming at an outgoing president backed by executive privledge on a non-crime, non scandal, but no press on anything substantive, then people will ask why have a Democratic congress?
I can actually sympathizewith those nuts at Code Pink who invaded Pelosi's office today crying for less talk and more action. In defense of Nancy, I hope she defies them and continues to talk and not act.
This is going nowhere and the longer they keep this non-scandal on the front pages, it continues to suck the air out of any hope for new scandals and new investigations which we know are on the way. That raises another point, when another show trial comes along, the Dems will have cried wolf one time too many.
This is tailor made for Bush and having the hispanic voters watch the Left beatup an Attorney General with a name of Gonzales will have an impact, especially when people start to discuss the fact that the Democrats are trying to torpedo the possibility of a Supreme court nomination for Gonzales, a hispanic. What would Bush have to lose. Bush is on his way out and the Democrats forget, they don't have term limits, Bush does. I hope they just keep on this for months. Oh Please.
March 22, 2007 4:50 PM | Reply | Permalink
All three seem likely and in character.
I'd add: An attempt to qualify a few more Republicans, who they will try to vet for loyalty, as future federal court judges or politcal candidates on either the local or federal level.
One thing about Republican strategists -- they think very long term, at times. They were out of power in congress for decades and then out of the White House for 8 years, but when they got hold of either and, for awhile, both, they had all the structures and people in place that allowed them to do pretty much what they wanted, without much compromise.
8 US attorneys might seem like a small thing now. But, it's 8 new people who get a nice resume credit that, 10-15 years from now, won't be remembered as the result of a political maneuver and will instead be seen as a sign of personal accomplishment.
thosethingswesay.blogspot.com
March 22, 2007 4:51 PM | Reply | Permalink
To the Editor:
The president’s reaction to a formal Congressional inquiry into the matter of the fired United States attorneys is puzzling. He objects to “a partisan fishing expedition aimed at honorable public servants.” But isn’t that what led to the firings in the first place?
Gerard Farrell OPINION NYT
March 22, 2007 5:03 PM | Reply | Permalink
Jerry Lewis! Doesn't he do that Muscular Dystrophy telethon every year! And wasn't he just wonderful in the Nutty Professor? Also, he made up with Dean Martin before he died. Give him a break!
Yours Truly
Roseanne Roseanna Danna
PS, I just saw that Alberto is staying on to "protect our kids." Wow! I'll sure sleep better tonight knowing that!
Question: Do they have ANY sense of honor or pride?
Jan Knaus
March 22, 2007 5:04 PM | Reply | Permalink
No
March 22, 2007 5:16 PM | Reply | Permalink
"Oh, what is my theory? This is it. (clears throat at some length) My theory that belongs to me is as follows.
(clears throat at great length)
This is how it goes.
The next thing I"m going to say is my theory. Ready?"
I think the reason for the purge is to set up, in a position of prosecutorial oversight,loyal Republicans who could investigate or obfuscate charges of voter fraud in 2008.
To bolster my theory (which is mine), let's look at the jurisdiction of the ill-fated 8. They all preside in these blue or too close to call states:
Chiara, Mich; Cummins, Ark; Lam and Ryan, Calif; Iglesia, New Mex; McKay, Wash; Bogden, N.V.; Charlton, Ariz.
"That is my theory, it is mine, and belongs to me and I own it, and what it is too." -- Hugs and Kisses, Anne Elk
March 22, 2007 5:42 PM | Reply | Permalink
yep. just as this bush administration has been the return of many of the fuknards who brought us watergate and iran-contra, we can expect a future republican administration choking with the folks who brought us the disastrous invasion/occupation of iraq, the outing of a cia agent and front company, and the USA purge.
March 22, 2007 6:14 PM | Reply | Permalink
Or, to put it more briefly, the 'grand scheme' in this, as in everything else we've seen from Rove, is to achieve a conservative dominance in all branches of government, including the judiciary, lasting decades, even generations.
Think of it as Carl's "Final Solution".
March 22, 2007 7:02 PM | Reply | Permalink
Bingo. You get the prize.
All else is a means to one end.
March 22, 2007 7:04 PM | Reply | Permalink
A couple of points need to be made about this whole US Attorney purge issue. First, "politics" is always involved in the appointment and release of US Attorneys. The Rethuglicans have a point there but it's only semantics. The important missing word here (and the one that makes all the difference) is PARTISAN politics. The White House intervened and purged those who were not loyal to the partisan political agenda of the most lawless White House in American history. You cannot remove politics as a whole from this process nor should it be removed. But with federal prosecutors partisanship has always been beyond the pale and rightfully so. That's the big issue here was the intervention for purely partisan reasons, the firings for purely partisan reasons.
The other issue asked is what did they expect to gain? Well, they expected to gain the purge of disloyal aparchiks and they got what they wanted. they achieved their goal. I believe they honestly are so unAmerican and so at odds with our constitutional system that they truly do not see why it actually matters that conventions in areas such as this matter let alone why the laws matter and why our leaders in particular should not break them. They are now not in any way remorseful about what they have done and indeed are resentful that anyone dares to question the divine right of the President to do as he pleases----without question and without and oversight by anyone whether the Congress or the courts.
This crowd (did I mention they are stupid as well as criminal) has been so used to running all federal departments in the most idiotically partisan manner they see no difference with Justice and the US Attorneys. The only reason this is an issue at all is because they over-reached so badly on this one and they went so far into territory that heretorfore regardless of adminstration was sacrosanct and relatively unspoiled by rank partisanship. Now this gang of crooks leads a criminal pack of elected and appointed officials the likes of which haven't been seen since the robber baron days so to staunch the bleeding that was taking place in the Cunningham, Lewis, Foggo investigations and others not totally unlike them elsewhere they had to sack these people. The entire plot hinged on the fired prosecutors keeping their mouths shut and saving face both for themselves and the adminstration's crooked leaders and upon nobody noticing otherwise and not questioning the obviously irregular circumstances particularly the use of that pernicious Specter amendment to the Patriot Act.
March 22, 2007 7:15 PM | Reply | Permalink
J. McCutchen
It was a signal - a signal to the replacements and to the other 85 US a's to toe the mark or walk the plank.....
I wonder how the US attorney in charge of the Jefferson persecution fared in the DOJ ratings? Still no indictment is there? Just a press release prosecution.
Just curious
March 22, 2007 7:17 PM | Reply | Permalink
March 22, 2007 7:21 PM | Reply | Permalink
If I was the Dems, I would subpoena the entire records of the office of US Attorneys and every record of DOJ communications with US Attorneys from 2004-2007. I realize that there would be alot junk much like the 3000 pages already given to the House and Senate Committees, but what is essential is how the DOJ interacted with the US Attorneys. My guess is that they have plenty of snippy and sarcastic remarks to other US Attorneys other than the 8 fired. I know that is a huge amount, but they can find out if the emails already release about the 8 fired attorneys was the standard or they stood out from the contempt from DOJ political appointees.
It is not the why the 8 US Attorneys were fired, but how did the Political Appointees that ran DOJ performed and managed the US Attorneys. I am not alarmed by the lack or fervor of some US Attorneys did with criminal cases. Carol Lam gave her viewpoint about Immigration and Firearm cases for example that are plausible.
The Political Appointees also may have had some management problems with the US Attorneys, but because they had either lame reasons or refuse to give reasons, suggest the decision was made higher up, either Gonzales or higher. However, Gonzales's answers to the Senate Judiciary Committee about he would never fire someone for political purposes suggests he was following orders or was out of the loop.
It may be an injustice for all 8 attorneys to be fired for no cause, but I do believe Congress needs to find out exactly why Carol Lam was fired. Most US attorneys do high profile corruption cases are pretty much left alone, given the White House and DOJ don't want to suggest a hint of impropiety, but the immigration argument why she was fired, is really weak, given her rational explanation, and the reason why her firearms prosecutions were so low, the California 3 strikes law, was a much more effective tool in combatting that issue in her district.
What we need now is to compare and contrast how the DOJ acted with other 85 or so US Attorneys. Given their hyper partisan management style, I am guessing they were treated the same way and there was plenty of chaff from the US Attorneys, especially if they didn't reach their allotted goals of prosecution cases.
March 22, 2007 7:30 PM | Reply | Permalink
I suspect Bush's position is based not upon a character flaw but rather, upon an otherwise praiseworthy character trait, namely, loyalty to his close associates -- together with some political calculations.
It is likely that Rove cannot tesify under oath -- that is, he would have to plead the Fifth. Whether he believes he corruptly interfered with the administration of justice or not, he must know that a jury could find, upon circumstantial evidence, that he did. And his admissions before a Senate committee certainly wouldn't help his defense in a case brought in 2009 by DoJ attorneys appointed by the Democratic President.
Being compelled to take the Fifth before Senator Leahy can hardly be thought to advance the Bush Administration's interests.
March 22, 2007 7:49 PM | Reply | Permalink
How big the winnings are will be determined on Thurs when Kyle Sampson voluntarily appears at the Senate Congressional hearing. I hope he sings like a canary in a coal mine.
March 22, 2007 8:36 PM | Reply | Permalink
He blows whatever political capital he has on Karl Rove? With less than two years to go in his administration, and a looming battle with Congress over Iraq? He doesn't need Rove anymore; in fact, even without this affair, Rove is a liability to him. If that's all it were, he could jettison Rove and come out as least even in the deal. But what are the chances Rove knew something that Bush didn't? Pretty slim. This has to go to Bush, or there's something else they want to protect. Rove isn't enough, even for the sake of "loyalty."
Crooked cops, crooked lawyers, crooked judges, crooked politicians, crooked doctors, crooked scientists, crooked clergymen -- but no crooked journalists. An amazing record for an amazing class of people.
March 22, 2007 8:37 PM | Reply | Permalink
"What we need now is to compare and contrast how the DOJ acted with other 85 or so US Attorneys. Given their hyper partisan management style, I am guessing they were treated the same way and there was plenty of chaff from the US Attorneys, especially if they didn't reach their allotted goals of prosecution cases."
How would such a legal process be pursued? Who would initiate the subpoena's and who would be served to obtain the DOJ records for all 93 attys from 2000-present? Who would prosecute and who would the defendants be?
The office of the people's highest legal representation is the Atty General and he would need to be subpoened, himself.
What is really ugly about this is that lawyers are cannibalizing their own system. The judiciary has become a den of liars and thieves...and there is no honor amongst thieves.
March 22, 2007 8:54 PM | Reply | Permalink
G4A, having read your comments on other posts, I have no problem taking your word on this. When I took Statistics, my goal was to pass the class, which is different from understanding the subject. :-)
But just the sheer numbers of Democrats vs Republicans suggests political partisanship somewhere along the line.
War does not determine who is right - only who is left. Bertrand Russell
March 22, 2007 9:01 PM | Reply | Permalink
Always, unless it comes back to Cheney.
War does not determine who is right - only who is left. Bertrand Russell
March 22, 2007 9:03 PM | Reply | Permalink
OK, so Alberto Gonzales says he is working tirelessly to be sure he has every American's back covered...
I don’t know about anyone else but I’ve always been suspicious of the guy that seems to go out of his way to tell you he’s "got your back covered".
See a sarcastic visual that demonstrates how many Americans feel when the Attorney General reassures us that he's got our backs covered...here:
www.thoughttheater.com
March 22, 2007 9:21 PM | Reply | Permalink
The prima facie evidence is there. To make, as it is called, a federal case we need better than this. I did note that they say they will be published in 2009 (on reading their web page again), but they didn't say where.
At the moment they just have evidence that Democrats are disproportionately represented in the investigation population. They have not controlled for anything, not even anything that might be obvious. Surely there must be some data that would serve as controls (characteristics that correlate with corruption) such as urban/suburban/rural? local economic conditions? tradition of corruption? etc.
If you found that most of the excess Democrats were in Louisiana, you might be less likely to leap to the conclusion that there is an illegitimate agenda, for example....
March 22, 2007 9:35 PM | Reply | Permalink
Well, there is some honor among theives, which is exactly the point. The vast majority of the USAs are honorable people, although they probably don't share the politics of most of the people on this board. (I mean, they're republican prosecutors, not liberal defenders--it's who they are.) And if you're the NeoCons, that's great, because you can find crucial places where the super-ideologues, or for variety, people who can be pressured, can do you the most good. And the great thing is that the overall honor of the group gives you cover.
The NeoCons are all about power consolidation, and holding on to power via selective vote destruction. Any election only has to be won by half the votes plus one, so their ability to negate votes has to go up at the precise rate at which people turn against them. Lather, rinse, repeat.
It really is about the math, and it's not partisan in any traditional way. It is about making voting a quaint but irrelevant exercise, useful only for keeping the people calm.
I sincerely hope that what I just wrote is total crap.
March 22, 2007 10:02 PM | Reply | Permalink
Under the circumstances keeping Rove out of the hearings constitutes husbanding what political capital you still have. Putting Rove in front of the cameras is a sure loss.
March 22, 2007 10:18 PM | Reply | Permalink
Unfortunately, I believe you are right. I don't think any of us have truly acknowledged in a rational way just how radical this administration is. This purging is rational for all sorts of reasons if you just accept that the driving premise is power consolidation. That feels so unAmerican that I think most of us resist it and search for other explanations.
March 22, 2007 10:42 PM | Reply | Permalink
The ball that seems to be escaping people's eyes is the Lam investigation. She served search warrants on #3 at the CIA (Foggo), and the #1 (Goss) quickly vacated - both men, of course, strong Bush allies. If the top people at the CIA are corrupt, that's not just a corruption issue; it's a national security issue! These people have essentially unlimited access to valuable secret information that is extremely dangerous in the wrong hands. To be fair, there are degrees of corrupt, and the fact that one might sell favors doesn't prove that one would also sell national secrets, but it demands that the question be looked into. One is certainly no longer above suspicion. And the fact the Foggo gets searched, and Goss scurries off is extremely damning. This is why I think the administration is so balls out on this. There is more to it than partisan corruption of the Justic Department, not that that's a small thing.
March 23, 2007 1:21 AM | Reply | Permalink
"There is more to it than partisan corruption of the Justic Department, not that that's a small thing."
I did not mean to suggest that corruption ended at the DOJ. I firmly believe that every single department under the Executive Branch is corrupt. Which includes the Pentagon, CIA, FBI, NSA, and DOJ. All have been infiltrated with political operatives who will remain there for umpteen years doing the bidding of the GOP when their strings are pulled.
I suspect that the patronage, cronyism and blatant partisianship of the US Atty;s has been long standing. Which would account for Clinton making a clean sweep when he took office, he understood how the judiciary system functioned under the Executive Branch and that all the US Atty's were nothing but political operatives and politicians serving a different function at the behest of the executive branch not the US Constitution they all swear to uphold.
What spoiled rich kid GW Bush did was simply thumb his nose at the people and blatantly use the system the way he has always understood it to function.
The thing that was alarming on the news scrawl yesterday was that George P. Bush, has signed up for the Navy Reserve and he has been selected to fill one of 16 spots to train with the Naval Intelligence program. Soooo, Jeb's son is in training for sucession to the American throne....corruption will continue unabated. George P. Bush will no doubt appoint all those cronies, his uncle stacked the judicial system with to judgeships and appeallate courts and the US Supreme Court, after being elected/selected to the bench, and properly trained at his Uncle and Grandad's knee for the Bush American Dynasty.
March 23, 2007 2:50 AM | Reply | Permalink
An electoral map makes it easier to understand.
Christy has one here.
5 of the 8 work in purple states that are at risk of turning blue, like NM and AZ. They're also places where there's a lot of Latino votes--voters that the racist core of the Republican party alienated last year.
This is about using US Attorneys to extend and expand their voter suppression schemes, in these five states. Picking an oppo researcher to take over one of these positions makes it pretty clear what is going on.
Two are in California. One is Carol Lam, who is in the process of following Abramoff's trail to the White House.
The 8th apparently is there because of utter incompetence that was about to be publicized by a judge. It would have been embarrassing to fire a bunch of highly rated prosecutors and then have a news story about a low rated one who a judge wants gone.
But the central goal is to prevent investigations and prosecutions of Republican voter suppression activities. And to use prosecutorial authority to threaten Democratic voter registration and turnout efforts. Iglesias has written about one such instance, where he was pressed to pursue a baseless case involving fake voter registrations.
March 23, 2007 3:12 AM | Reply | Permalink
How many times have we heard this type nonsense before; "no crime has been committed"....."there is no evidence that.... blah blah blah"....
Maybe the reason for the above is simply that no one in Congress has investigated the Bush gang for 6 years?
Some non Congressional investigations into the Bush gang have been fruitful; Safavian, Libby, Homeland Security Dept spokesman Brian Doyle, 55, caught in FBI sex sting when he thought he was communicating with a 14 year old girl, Roger Stillwell, desk officer of the Interior Dept in charge of Northern Mariana Islands to name a few.
The wingers are consistent, I have to hand them that; when Clinton was President anything that went wrong was Clinton's fault; now that Bush is President anything that goes wrong is ALSO Clinton's fault.
For 6 years, Clinton was investigated by a Republican Congress and Republican Special Prosecutors, for 6 years Bush was "investigated" by a Republican Congress and a Republican Special Prosecutor, more consistancy.
March 23, 2007 5:21 AM | Reply | Permalink
I've been recommending people write off TJKING and stop wasting time replying to TJ's posts. There's too much important work to be done during these times.
Tom
March 23, 2007 6:11 AM | Reply | Permalink
I don't agree that Rove had to know that they'd lose the 2004 election. He just had to know that there was a weakness that had to be shored up.
Rove is a lot like a bulldozer with a dead driver. It keeps going the same direction as before, destroying whatever comes next, until someone actually stops it. Rove's goal has always been to destroy any effective competition, and this US attorney operation does exactly that. In fact, it threatens to do it so well that the backlash has been stronger than they expected.
Your final paragraph is exactly right.
March 23, 2007 6:41 AM | Reply | Permalink
A prima facie case is the reasonable standard that justifies a police officer laying charges.
In this case, the standard is more than enough to begin a thorough investigation with a presumption that something may be very wrong.
March 23, 2007 6:42 AM | Reply | Permalink
The thing is, this only works in the long run if they come close enough to winning in 2008 that they can steal the election. Considering the Republican recent history of squeekers, this seems to me to have been a really good assumption. Less so now, but two years ago it looked really good.
There is also the fact that Rove has wanted to leave a permanent Republican majority and a destroyed Democratic Party behind when he leaves the national stage. Creating a corps of US attorneys who work actively to destroy Democratic candidacies is an obvious step in this process.
Rove has to continue to go full out to destroy the viability of the natinional Democratic Party to win elections. He has to push even harder when Republicans win than he has to in just the squeekers, because his goal is not to just win. It is to destroy the opposition, something best done if Republicans hold the offices with power.
March 23, 2007 6:51 AM | Reply | Permalink
Mark is basically saying we have a non-crime, in a political world, that has no motive. Perfect.
Actually, I believe that Mark is listing several potential motives. That does not indicate a lack of motive but rather an abundance of them. Furthermore, it is not clear that this is a "non-crime." At the very least, it warrants investigation.
March 23, 2007 7:03 AM | Reply | Permalink
These are not Rule of Law people. These are "Who has the power?" people.
Their only consideration of the law as far as their own actions are concerned is to not get caught, or if caught, to not get punished, or if punished, to get a Pardon.
As far as these conservatives are concerned, the law is what you use to punish your enemies. The law is a tool used by the incumbents to keep the opposition down. It is an element of their own power, and does not otherwisehave an important social function.
These are people who harken back to King John of England prior to the time John was forced by the Barons to sign the Magna Carta. Law to them is a tool of the King, and the King is above the law since he is the law. Note the "instant declassification process" that Cheney alleges he has the authority to apply. He is not bound by the procedures in law that all other people besides the President (and with an executive order from the President which may or may not yet exist) the Vice-President.
March 23, 2007 7:07 AM | Reply | Permalink
Ya, like whining into an echo chamber or preaching to your cat or running away from debates that you can't win.
March 23, 2007 7:14 AM | Reply | Permalink
The key is that even now, three months after the firing, Bush has been unable to articulate any acceptable justification for the firings. The best he can say is "Because I can!" He can't say "Obstruction of Justice" and there is no other answer to the question of why.
March 23, 2007 7:15 AM | Reply | Permalink
There is a difference between wasting everyone's time and being downright offensive. On the positive side, he hasn't given vent to outright racism on this thread. I'd say that's a good thing. Way to go, TJKING. Keep it up.
My regards to your mother.
March 23, 2007 7:27 AM | Reply | Permalink
agmoncrieff, you make some good points, but I’ve wondered why Congress is spinning its wheels and spending its capital on this. Proving points 1 -3 may be achievable but, chances are, would only result in Gonzalez and McNulty going. While it is obvious that some of the U.S. attorney firings were interference, showing that intent may be impossible.
Bush has sneeringly engaged in so much patent lawbreaking that Congress has a duty to investigate and resolve, yet it seems they are being taken on a snipe hunt by the administration. Let’s have this executive privilege fight over some of the substantial crimes they have engaged in, such as denying due process, torturing or illegally spying on American citizens.
March 23, 2007 7:29 AM | Reply | Permalink
He still needs Rove. He can't function without his "brain".
I think Ellen makes a really good point. Furthermore, take Bush at face value when he argues that people like Rove can't give him unfettered advice if they're at risk of having to testify on that advice later. Without such advice, Bush would be even more lost than he is now. That is not in itself a reason to grant Rove immunity from having to testify under oath, especially when (yet again) there is reason to suspect him of criminal wrongdoing, but it is a reason for Bush's folks to *argue* the point.
March 23, 2007 7:42 AM | Reply | Permalink
It would have to do with future positioning.
That would also explain their long, deliberate moves.
Not only careerism and favor-handing
but they want people in position to keep the top repubs out of jail.
Think Regionally. Act Regionally
March 23, 2007 8:04 AM | Reply |