2006 dismissal of U.S. attorneys

George W. Bush administration controversy Attorneygate the dismissal of U.S. attorneys in 2017 2017 dismissal of U.S. attorneys On December 7, 2006, the George W. Bush administration's Department of Justice ordered the midterm dismissal of seven United States attorneys.Dan Eggen Paul Kane Gonzales: 'Mistakes Were Made': But Attorney General Defends Firings of Eight U.S. Attorneys March 14, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/03/13/AR2007031300776_pf.html The Washington Post A01 May 28, 2007 Congressional investigations focused on whether the Department of Justice and the White House were using the U.S. attorney positions for political advantage. The allegations were that some of the attorneys were targeted for dismissal for failing to prosecute claims of election fraud, as retribution for prosecuting Republican politicians, or for failing to pursue adult obscenity prosecutions.Charges may result from firings, say two former U.S. attorneys David Bowermaster The Seattle Times May 9, 2007 https://www.seattletimes.com/seattle-news/charges-may-result-from-firings-say-two-former-us-attorneys// https://web.archive.org/web/20221130105427/https://www.seattletimes.com/seattle-news/charges-may-result-from-firings-say-two-former-us-attorneys// May 16, 2007 2022-11-30 Voter-Fraud Complaints by GOP Drove Dismissals Dan Eggen Amy Goldstein The Washington Post May 14, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/05/13/AR2007051301106.html May 18, 2007 The U.S. attorneys were replaced with interim appointees under provisions in the 2005 USA PATRIOT Act reauthorization.Fired U.S. Attorneys March 6, 2007 https://www.washingtonpost.com/wp-dyn/content/graphic/2007/03/06/GR2007030600062.html The Washington PostBrian Montopoli So Is This U.S. Attorney Purge Unprecedented Or Not? March 14, 2007 CBS News http://www.cbsnews.com/news/so-is-this-us-attorney-purge-unprecedented-or-not/ May 29, 2007 Lara Jakes Jordan Associated Press Attorney general bids farewell to Justice: Praises work of department September 15, 2007 http://archive.boston.com/news/nation/articles/2007/09/15/attorney_general_bids_farewell_to_justice/ The Boston Globe September 19, 2007 A subsequent report by the Justice Department inspector general in October 2008 found that the process used to fire the first seven attorneys and two others dismissed around the same time was "arbitrary", "fundamentally flawed", and "raised doubts about the integrity of Department prosecution decisions".https://oig.justice.gov/special/s0809a/final.pdf An Investigation into the Removal of Nine U.S. Attorneys in 2006 355–358 DOJ Inspector General 2011-04-17 2020-03-02 https://web.archive.org/web/20200302142947/https://oig.justice.gov/special/s0809a/final.pdf dead In July 2010, the Department of Justice prosecutors closed the two-year investigation without filing charges after determining the firing was inappropriately political but not criminal, observing that "evidence did not demonstrate that any prosecutable criminal offense was committed with regard to the removal of David Iglesias. The investigative team also determined that the evidence did not warrant expanding the scope of the investigation beyond the removal of Iglesias."Justice Dept. Opts Not to File Charges for Bush-Era U.S. Attorney Firings https://www.foxnews.com/politics/justice-dept-opts-not-to-file-charges-for-bush-era-u-s-attorney-firings Fox News Associated Press July 21, 2010 Issues in brief By tradition, all U.S. attorneys are asked to resign at the start of a new administration. The new president may elect to keep or remove any U.S. attorney. They are traditionally replaced, collectively, only at the start of a new White House administration. U.S. attorneys hold a political office, in which the president nominates candidates to office, the Senate confirms and, consequently, they serve at the pleasure of the president. When a new president is from a different political party, typically almost all of the resignations are eventually accepted White House and Justice Department begin U.S. Attorney transition Office of the Attorney General, U.S. Department of Justice March 14, 2001 https://www.justice.gov/archive/opa/pr/2001/March/107ag.htm and the positions are then filled by newly confirmed appointees, typically from the new president's party.Stuart M. Gerson Inside the Justice Department and the U.S. Attorneys Controversy March 14, 2007 The Washington Post https://www.washingtonpost.com/wp-dyn/content/discussion/2007/03/13/DI2007031300985.html 2007-05-29 March 13, 2007 Current situation is distinct from Clinton firings of U.S. attorneys http://www.realcities.com/mld/krwashington/news/nation/16897325.htm McClatchy Newspapers 456506045. McClatchy-Tribune News Service While U.S. attorneys are political appointees, however, it is essential to their effectiveness that they are politically impartial in deciding which cases to prosecute and in arguing those cases before judges and juries with diverse views.Marcia Coyle https://www.law.com/almID/900005554868/ Scandal Over U.S. Attorneys' Firing Could Cloud Other Cases The National Law Journal 2007-04-27 Some U.S. senators were concerned about a provision in the 2006 re-authorization of the USA PATRIOT Act that eliminated the 120-day term limit on interim appointments of U.S. attorneys made by the United States attorney general to fill vacancies. The revised USA PATRIOT Act permitted the attorney general to appoint interim U.S. attorneys without a term limit in office, and avoid a confirming vote by the Senate. The change in the law undermined the confirmation authority of the Senate and gave the attorney general greater appointment powers than the president, since the president's U.S. attorney appointees are required to be confirmed by the Senate and those of the attorney general did not require confirmation.Taylor Marisa Gordon Greg January 26, 2007 New U.S. attorneys come from Bush's inner circle http://www.mcclatchydc.com/staff/greg_gordon/story/15610.html dead https://web.archive.org/web/20070927001820/http://www.mcclatchydc.com/staff/greg_gordon/story/15610.html September 27, 2007 McClatchy Washington Bureau McClatchy Newspapers 456510984. McClatchy-Tribune News Service Was available via Real Cities as "Gonzales appoints political loyalists into vacant U.S. attorneys slots". The Senate was concerned that in dismissing the seven U.S. attorneys which had been confirmed, the administration planned to fill the vacancies with its own choices, bypassing Senate confirmation and the traditional consultation with senators in the selection process. Congress rescinded this provision on June 14, 2007, and President Bush promptly signed the bill into law.Dan Eggen In U.S. Attorney's Offices, Help Wanted: Justice Dept. Seeking Replacements for Departing Temporary Prosecutors June 17, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/06/16/AR2007061601080.html?nav=rss_politics The Washington Post A04 June 17, 2007 Administration rationale unclear 2006 dismissal of U.S. attorneys#Inspector General Report and special prosecutor Inspector General Report and special prosecutor Carol Lam Rick Renzi Paul K. Charlton The reasons for the dismissal of each individual U.S. attorney were unclear. Two suggested motivations were that the administration wanted to make room for U.S. attorneys who would be more sympathetic to the administration's political agenda, and the administration wanted to advance the careers of promising conservatives.Las Vegas Review-Journal http://www.reviewjournal.com/lvrj_home/2007/Jan-18-Thu-2007/news/12044953.html January 18, 2007 Jane Ann Morrison Bush administration's ouster of U.S. attorneys an insulting injustice April 16, 2007 dead https://web.archive.org/web/20070930225154/http://www.reviewjournal.com/lvrj_home/2007/Jan-18-Thu-2007/news/12044953.html September 30, 2007 CriticsMarch 2026 said that the attorneys were fired for failing to prosecute Democratic politicians, for failing to prosecute claims of election fraud, as retribution for prosecuting Republican politicians, or for failing to pursue adult obscenity prosecutions.http://www.salon.com/2007/04/19/doj_obscenity/ April 19, 2007 Mark Follman The U.S. attorneys scandal gets dirty Salon.com 2009-07-03 The administration and its supporters said that the attorneys were dismissed for job-performance reasons "related to policy, priorities and management", and that U.S. attorneys serve at the pleasure of the president.2007-03-07 http://usatoday30.usatoday.com/printedition/news/20070307/oppose07.art.htm They lost my confidence: Attorneys' dismissals were related to performance, not to politics Alberto R. Gonzales Alberto Gonzales USA Today March 7, 2007 A10 However, at least six attorneys had recently received positive evaluations of their performance from the Department of Justice.The New York Times https://www.nytimes.com/2007/02/25/washington/25lawyers.html February 25, 2007 David Johnston Dismissed U.S. Attorneys Praised in Evaluations January 26, 2009 In September 2008, the Department of Justice inspector general's investigation concluded that the dismissals were politically motivated and improper. The Bush administration issued changing and contradictory statements about the timeline of the planning of the firings, persons who ordered the firings, and reasons for the firings.2007-03-17 https://www.nytimes.com/2007/03/17/washington/17assess.html?ref=washington With Shifting Explanations, White House Adds to Storm Sheryl Gay Stolberg Sheryl Gay Stolberg March 17, 2007 The New York Times2007-03-17 https://www.nytimes.com/aponline/us/AP-Congress-Prosecutors.html Republican Support for Gonzales Erodes Associated Press The New York Times March 17, 20072007-03-17 https://www.washingtonpost.com/wp-dyn/content/article/2007/03/16/AR2007031601046.html Accounts of Prosecutors' Dismissals Keep Shifting Dan Eggen The Washington Post A1 March 17, 2007 The origin and evolution of the list of attorneys to be dismissed remained unclear. Congressional Quarterly Transcript Service Gonzales Testifies Before Senate Panel April 19, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/04/19/AR2007041902035.html The Washington Post June 8, 2007 Lara Jakes Jordan Associated Press Gonzales: Deputy Was Pointman on Firings May 15, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051500755.html The Washington Post June 7, 2007Michael Scherer McNulty hits back at Goodling 2007-05-23 Salon.com https://www.salon.com/2007/05/23/mcnulty_response/ Salon 2007-05-25 live https://web.archive.org/web/20121020164237/http://www.salon.com/2007/05/23/mcnulty_response/ October 20, 2012 Jordan Lara Jakes 2007-03-29 Ex-aide contradicts Gonzales on firings https://www.washingtonpost.com/wp-dyn/content/article/2007/03/29/AR2007032901220.html 2007-05-27 The Washington Post Associated Press In response to the Inspector General's report, in September 2008, Attorney General Michael Mukasey appointed acting United States attorney for the District of Connecticut, Nora Dannehy, as special prosecutor to determine if administration officials had perjured themselves in testimony to Congress.Lichtblau Eric http://www.iht.com/articles/2008/09/29/america/justice.php U.S. appoints special prosecutor International Herald Tribune 2008-09-29 2011-04-17 Her investigation concluded that there was insufficient evidence to charge anyone with perjury. Politicization of hiring at the Department of Justice Attorney General Gonzales, in a confidential memorandum dated March 1, 2006, delegated authority to senior DOJ staff Monica Goodling and Kyle Sampson to hire and dismiss political appointees and some civil service positions. On May 2, 2007, the Department of Justice announced two separate investigations into hirings conducted by Goodling: one by the department's inspector general, and a second by the Office of Professional Responsibility. In testimony before the House Judiciary Committee, on May 23, 2007, Goodling stated that she had "crossed the line" and broken civil service laws regulating hiring for civil service positions, and had improperly weighed political factors in assessing applicants.David Stout Ex-Gonzales Aide Testifies, 'I Crossed the Line' 2007-05-23 https://www.nytimes.com/2007/05/23/washington/23cnd-monica.html?_r=1&hp&oref=slogin The New York Times 2007-05-23 According to a January 2009 Justice Department report, investigators found that Bradley Schlozman, as interim head of the Civil Rights Division at the Department of Justice, "favored applicants with conservative political or ideological affiliations and disfavored applicants with civil rights or human rights experience whom he considered to be overly liberal". The positions under consideration were not political, but career, for which the political and ideological views of candidates are not to be considered, according to federal law and guidelines.Theresa Cook Report Raps Bradley Schlozman, Former Justice Department Official, for Political Bias 2009-01-13 https://abcnews.go.com/TheLaw/DOJ/story?id=6637861 ABC News 2009-02-09 In a letter of May 30, 2007, to the Senate Judiciary Committee, the United States Department of Justice Office of the Inspector General and Counsel for the Office of Professional Responsibility confirmed that they were expanding their investigation beyond "the removals of United States Attorneys" to include "DOJ hiring and personnel decisions" by Goodling and other Justice Department employees.Dan Eggen Justice Dept. Widens Firings Probe 2007-05-30 https://www.washingtonpost.com/wp-dyn/content/article/2007/05/30/AR2007053001499.html The Washington Post 2007-05-30 Dismissed attorneys and elections Pete Domenici Heather Wilson Bradley Schlozman The controversy surrounding the U.S. attorneys dismissals was often linked to elections or voter-fraud issues. Allegations were that some of the U.S. attorneys were dismissed for failing to instigate investigations damaging to Democratic politicians, or for failing to more aggressively pursue voter-fraud cases.No evidence of election crime, former U.S. attorney says Richard Roesler The Spokesman Review 2007-05-20 http://www.spokesmanreview.com/breaking/story.asp?ID=9951 2007-05-26 Such allegations were made by some of the dismissed U.S. attorneys themselves to suggest reasons they may have been dismissed. The Dallas Morning News http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/030107dnnatattorney.398bb40.html https://web.archive.org/web/20070530041944/http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/030107dnnatattorney.398bb40.html 2007-05-30 Fired U.S. attorney alleges political pressure 2007-02-28 2007-05-26 The background to the allegations is the recent tendency for elections in parts of the United States to be very close; an election outcome can be affected by an announced investigation of a politician. It is explicit policy of the Department of Justice to avoid bringing voter-related cases during an election for this reason.Justice Department reportedly bent rules on voter fraud charges Richard Serrano Los Angeles Times 2007-06-06 https://www.latimes.com/archives/la-xpm-2007-jun-06-na-usattys6-story.html 2009-01-31 In September 2008, the inspector general for the Department of Justice concluded that some of the dismissals were motivated by the refusal of some of the U.S. attorneys to prosecute voter fraud cases during the 2006 election cycle. Fallout By mid-September 2007, nine senior staff of the Department of Justice associated with the controversy had resigned. Official Close to Attorney Firings Quits Lara Jakes Jordan June 15, 2007 Los Angeles TimesDan Eggen Third-in-Command at Justice Dept. Resigns: Mercer to Leave Washington Job but Keep U.S. Attorney's Position in Montana June 23, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/06/22/AR2007062201291.html?nav=rss_print/asection The Washington Post A04 2007-06-25 Gordon Greg August 22, 2007 Justice Department {lawyer/official} accused of partisanship resigns http://www.mcclatchydc.com/homepage/story/19143.html dead https://web.archive.org/web/20070927001814/http://www.mcclatchydc.com/homepage/story/19143.html 2007-09-27 2007-08-28 McClatchy Washington Bureau McClatchy Newspapers 456893971. McClatchy-Tribune News Service The most prominent resignations include: thumb|upright|Alberto Gonzales Attorney General Alberto GonzalesMike Nizza Gonzales, a Surprisingly Unexpected Resignation 2007-08-27 http://thelede.blogs.nytimes.com/2007/08/27/embattled-attorney-general-to-resign/ The New York Times 2007-08-27 Steven Lee Meyers Embattled Attorney General Resigns 2007-08-27 https://www.nytimes.com/2007/08/27/washington/27cnd-gonzales.html?_r=1&adxnnl=1&oref=slogin&adxnnlx=1188223973-qjF01bvquBXoj3coe4wFvg The New York Times 2007-08-27 Kate Phillips Gonzales Is Resigning 2007-08-27 http://thecaucus.blogs.nytimes.com/2007/08/27/gonzales-is-resigning/ The New York Times 2007-08-27 Deputy Attorney General Paul McNulty; Acting Associate Attorney General William W. Mercer resigned from the acting office prior to Senate confirmation hearings for the same position, and returned to his post as U.S. Attorney for Montana (he held dual positions); Chief of staff for the Attorney General Kyle Sampson Chief of Staff for the Deputy Attorney General Michael Elston; Director of the Executive Office for United States Attorneys (EOUSA) Michael A. Battle; the subsequently appointed Director to the EOUSA, Bradley Schlozman, also the former acting Assistant Attorney General for the Civil Rights Division; the Department of Justice's White House Liaison Monica Goodling In June 2008, a grand jury was empaneled to consider criminal indictments against officials involved in the firings. The grand jury was presented evidence from ongoing investigations at the Department of Justice inspector general's office and at the DOJ's Office of Professional Responsibility. Eric Lichtblau Grand Jury Said to Look at Attorneys' Dismissals 2008-06-17 https://www.nytimes.com/2008/06/17/washington/17attorneys.html?ref=washington The New York Times https://web.archive.org/web/20220407051947/https://www.nytimes.com/2008/06/17/washington/17attorneys.html?ref=washington 2008-06-19 2022-04-07 Inspector General Report and special prosecutor On September 29, 2008 the Justice Department's Inspector General (IG) released a report on the matter that found most of the firings were politically motivated and improper. The next day Attorney General Michael Mukasey appointed Nora Dannehy as special prosecutor to decide whether criminal charges should be brought against Gonzales and other officials involved in the firings. The IG's report contained "substantial evidence" that party politics drove a number of the firings, and IG Glenn Fine said in a statement that Gonzales had "abdicated his responsibility to safeguard the integrity and independence of the department."Taylor Marisa Gordon Greg September 29, 2008 last updated: September 30, 2008 10:24:58 AM Prosecutor to probe role of politics in attorney firings / Prosecutor will investigate firings of nine U.S. Attorneys http://www.mcclatchydc.com/homepage/v-print/story/53255.html dead https://archive.today/20120903151234/http://www.mcclatchydc.com/homepage/v-print/story/53255.html 2012-09-03 2011-04-17 McClatchy Washington Bureau McClatchy Newspapers 456821917. McClatchy-Tribune News Service The report itself stopped short of resolving questions about higher White House involvement in the matter, because of what it said were the refusal to cooperate of a number of key players, among them Karl Rove, Senator Pete Domenici and Harriet Miers and because the White House refused to hand over its documents related to the firings.September 2006 An Investigation into the Removal of Nine U.S. Attorneys in 2006 https://www.justice.gov/opr/page/file/1206601/download live 2021-07-27 DOJ Inspector General 356–7 https://web.archive.org/web/20201004112805/https://www.justice.gov/opr/page/file/1206601/download 2020-10-04 On July 21, 2010, Dannehy concluded that "there was insufficient evidence to establish that persons knowingly made material false statements to [the Office of Inspector General] or Congress or corruptly endeavored to obstruct justice"Assistant Attorney General Ronald Weich Weich 5 http://legaltimes.typepad.com/files/conyers.dannehy.ola.resp.pdf and that no criminal charges would be filed against Sampson or Gonzales. Replacement of the U.S. attorneys thumb|upright|Harriet Miers thumb|upright|Karl Rove Initial planning On January 6, 2005, Colin Newman, an assistant in the White House counsels office, wrote to David Leitch stating, "Karl Rove stopped by to ask you (roughly quoting) 'how we planned to proceed regarding U.S. attorneys, whether we were going to allow all to stay, request resignations from all and accept only some of them or selectively replace them, etc.'". The email was then forwarded to Kyle Sampson, chief of staff to Attorney General Alberto Gonzales.2007-03-13 David Johnston Eric Lipton March 16, 2007 https://www.nytimes.com/2007/03/16/world/americas/16iht-rove.4930290.html?_r=1 Rove discussed firing U.S. attorneys earlier than he indicated, e-mails show The New York TimesJan Crawford Greenberg https://abcnews.go.com/Politics/story?id=2954988&page=1 E-Mails Show Rove's Role in U.S. Attorney Firings ABC News 2007-03-15 In reply, Sampson, then Department of Justice counsel to Attorney General John Ashcroft, wrote that it would be "weird to ask them to leave before completing at least a 4-year term", that they "would like to replace 15–20 percent of the current U.S. Attorneys" and that the rest "are doing a great job, are loyal Bushies, etc." In March 2005, Sampson came up with a checklist. He rated each of the U.S. Attorneys with criteria that appeared to value political allegiance as much as job performance. He recommended retaining 'strong U.S. Attorneys who have ... exhibited loyalty to the President and Attorney General.' He suggested 'removing weak U.S. Attorneys who have ... chafed against Administration initiatives'.https://www.latimes.com/archives/la-xpm-2007-mar-14-na-emails14-story.html E-mails detail White House plans to oust U.S. attorneys Los Angeles Times 2007-03-14 Richard A. Serrano 2007-05-21 Sampson wrote in January 2006 to Miers that he recommended that the Department of Justice and the Office of the Counsel to the President work together to seek the replacement of a limited number of U.S. attorneys, and that by limiting the number of attorneys "targeted for removal and replacement" it would "mitigat[e] the shock to the system that would result from an across-the-board firing".2007-03-13 Eggen, Dan John Solomon March 13, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201818_pf.html Firings Had Genesis in White House Ex-Counsel Miers First Suggested Dismissing Prosecutors 2 Years Ago, Documents Show The Washington Post Page A01 On February 12, 2006, Monica Goodling sent a spreadsheet of each U.S. attorney's political activities and memberships in conservative political groups to senior Administration officials, with the comment "This is the chart that the AG requested".2007-05-21 Jordan, Laura Jakes April 13, 2007 https://abcnews.go.com/Politics/wireStory?id=3039829 ABC News (AP) Agency weighed prosecutors' politics dead https://web.archive.org/web/20080616084406/https://abcnews.go.com/Politics/wireStory?id=3039829 June 16, 2008 Sampson strongly urged using changes to the law governing U.S. attorney appointments to bypass Congressional confirmation, writing in a September 17, 2006 memo to Miers: I am only in favor of executing on a plan to push some USAs out if we really are ready and willing to put in the time necessary to select candidates and get them appointed ... It will be counterproductive to DOJ operations if we push USAs out and then don't have replacements ready to roll immediately ... I strongly recommend that as a matter of administration, we utilize the new statutory provisions that authorize the AG to make USA appointments ... [By avoiding Senate confirmation] we can give far less deference to home state senators and thereby get 1.) our preferred person appointed and 2.) do it far faster and more efficiently at less political costs to the White House. Implementation: the U.S. attorney removal list In October 2006, President George W. Bush told Alberto Gonzales that he had received complaints that some U.S. attorneys had not pursued certain voter-fraud investigations. The complaints came from Republican officials, who demanded fraud investigations into a number of Democratic campaigns. According to Newsweek, "Kyle Sampson, Gonzales's chief of staff, developed the list of eight prosecutors to be fired last October—with input from the White House".http://www.msnbc.msn.com/id/17552880/site/newsweek/page/2/ Fuel to the Firings Newsweek 2007-03-19 Michael Isikoff 2007-03-12 dead https://web.archive.org/web/20070314183909/http://www.msnbc.msn.com/id/17552880/site/newsweek/page/2/ 2007-03-14 On November 27, 2006, Gonzales met with senior advisers to discuss the plan.https://www.nytimes.com/2007/03/24/washington/24attorney.html Gonzales Met With Advisors on Ouster Plan The New York Times 2007-03-24 David and Eric Lipton Johnston 2007-03-24 The Justice Department did not receive White House approval for the firings until early December. As late as December 2, Sampson had written to Michael Elston that the Justice Department was "[s]till waiting for green light from White House" with regards to the firing. Deputy White House counsel William K. Kelley responded on December 4, 2006, saying, "We're a go for the U.S. Atty plan ... [the White House office of legislative affairs], political, communications have signed off and acknowledged that we have to be committed to following through once the pressure comes."Lara Jakes Jordan Associated Press Gonzales: Prosecutors firings mishandled March 13, 2007 On December 7, 2006, Justice Department official Michael A. Battle informed seven U.S. attorneys that they were being dismissed.Allegra Hartley Timeline: How the U.S. Attorneys Were Fired U.S. News & World Report 2007-03-21 2007-03-26 https://www.usnews.com/usnews/news/articles/070321/21attorneys-timeline.htm dead https://web.archive.org/web/20070528160426/http://www.usnews.com/usnews/news/articles/070321/21attorneys-timeline.htm May 28, 2007 Although seven attorneys were dismissed on December 7, 2006, subsequent disclosures show that three or more additional attorneys were dismissed under similar circumstances between 2005 and 2006.http://archive.boston.com/news/nation/washington/articles/2007/03/06/list_of_8_dismissed_us_prosecutors/ List of 8 dismissed U.S. prosecutors March 6, 2007 Associated Press U.S. attorney Bud Cummins in Arkansas had been informed in June 2006 that he was to be replaced, and he resigned, effective December 20, 2006, several days after the public announcement of the appointment of his successor Timothy Griffin.Q & A from Committee for Bud Cummins https://web.archive.org/web/20080626074157/http://judiciary.house.gov/Media/PDFS/Chair-Cummins070430.pdf June 26, 2008 (no date). United States House Committee on the Judiciary Retrieved May 18, 2007. (Written responses by Bud Cummins to committee interrogatories, post-hearing.) David Iglesias (R) believes he was removed from office at the behest of two New Mexico Republican congressmen when he refused to prosecute state Democratic senators before the November 2006 election.Taylor Marisa February 28, 2007 Political interference is alleged in the sacking of a U.S. attorney McClatchy Newspapers 456507440. McClatchy-Tribune News Service Kevin Ryan (R) Though described as "loyal to the Bush administration," he was allegedly fired for the possible controversy that negative job performance evaluations might cause if they were released.Dolan Maura Bush loyalist was added to purge list late https://www.newspapers.com/article/the-los-angeles-times-bush-loyalist/147483996/ Los Angeles Times March 22, 2007 B1, B9 story continued on page B9 John McKay (R) Was given a positive job evaluation 7 months before he was fired. After a close Washington governor's race resulted in a Democratic victory, local Republicans criticized McKay for not investigating allegations of voter fraud.David Bowermaster (February 7, 2007). "McKay got good review 7 months before ouster https://web.archive.org/web/20070516171505/http://seattletimes.nwsource.com/html/localnews/2003562075_mckay08m.html 2007-05-16 ," Seattle Times Paul K. Charlton (R) U.S. attorney for Arizona, was given a positive job performance evaluation before he was dismissed. He may have been fired because he had started a corruption investigation into Representative Rick Renzi (R-AZ).Blumenthal, Max (2007-03-20). "The Porn Plot Against Prosecutors", The Nation, Retrieved 2007-03-21. In September 2006, it became clear that Charlton had launched an investigation of Renzi over a land-swap deal. Sampson subsequently included Charlton on a list of U.S. attorneys "we now should consider pushing out." Ron Hutcheson Emails detail plans for firing U.S. attorneys McClatchy Newspapers 2007-03-13 2007-03-14 http://www.realcities.com/mld/krwashington/16897082.htm Sampson made the comment in a Sept. 13, 2006, letter to then-White House Counsel Harriet Miers.https://www.thenation.com/article/porn-plot-against-prosecutors/ The Porn Plot Against Prosecutors Max Blumenthal 2019-03-22 2007-03-20 The Nation 2019-03-22 https://web.archive.org/web/20190322233518/https://www.thenation.com/article/porn-plot-against-prosecutors/ dead Carol Lam (R) U.S. attorney for California, oversaw the investigation and conviction of Rep. Randy "Duke" Cunningham (R-CA) for corruption in military contracting.http://legacy.sandiegouniontribune.com/uniontrib/20070121/news_1n21lam.html Lam's Legacy January 21, 2007 San Diego Union-Tribune https://web.archive.org/web/20181115193512/http://legacy.sandiegouniontribune.com/uniontrib/20070121/news_1n21lam.html 1 February 2017 2018-11-15 Congressman Darrell Issa complained that Lam was not prosecuting illegal border crossings aggressively enough.Letter from Justice Department to Sen. Dianne Feinstein (D-CA) Regarding Performance of Carol Lam U.S. Department of Justice, Office of Legislative Affairs ThinkProgress.org 2007-03-06 http://www.talkingpointsmemo.com/docs/doj-lam/?resultpage=1& https://web.archive.org/web/20070323090648/http://www.talkingpointsmemo.com/docs/doj-lam/?resultpage=1& dead 2007-03-23 On December 7, 2006, Michael A. Battle, Director of the Executive Office for US Attorneys, called Lam and notified her that she must resign no later than January 31, 2007. Battle instructed Lam to explain that she had decided to pursue other opportunities.http://judiciary.house.gov/Media/PDFS/Chair-Lam070430.pdf Lam's responses to questions from House Judiciary Committee 2019-03-22 https://web.archive.org/web/20080626074215/http://judiciary.house.gov/Media/PDFS/Chair-Lam070430.pdf 2008-06-26 dead Battle insisted that Lam had to depart in weeks, not months, and these orders were "coming from the very highest levels of government". Lam submitted her resignation January 16, 2007, effective February 15. Daniel Bogden (R) U.S. attorney for Nevada was investigating Nevada governor Jim Gibbons (R) for bribery, when he was fired without explanation after seven years because of a vague sense that a "stronger leader" was needed. His loyalty to President Bush was questioned by Sampson.'Loyalty' to Bush and Gonzales Was Factor in Prosecutors' Firings, E-Mail Showshttps://www.theatlantic.com/magazine/archive/2009/04/a-us-attorneys-story/307416/ A U.S. Attorney's Story The Atlantic 20 April 2009 https://web.archive.org/web/20230321233348/https://www.theatlantic.com/magazine/archive/2009/04/a-us-attorneys-story/307416/ 2023-03-21 Steinhauer, Jennifer. (2007-05-30) STATEHOUSE JOURNAL – A Rocky Start for Nevada's Chief – NYTimes.com. Select.nytimes.com. Retrieved on 2011-01-09.Claims against Gibbons revealed – News – ReviewJournal.com. Lvrj.com. Retrieved on 2011-01-09. Margaret Chiara (R) U.S. attorney for Michigan was given a positive job evaluation in 2005, and told she was being removed to "make way" for another individual.Lipton, Eric (March 23, 2007). "U.S. Attorney in Michigan Disputes Reason for Removal", The New York Times, Retrieved 2007-03-23. On March 23, 2007, The New York Times reported that Chiara was told by a senior Justice Department official that she was being removed to make way for a new attorney that the Bush administration wanted to groom. "To say it was about politics may not be pleasant, but at least it is truthful," Chiara said. "Poor performance was not a truthful explanation."2007-03-23 Lipton, Eric The New York Times March 23, 2007 https://www.nytimes.com/2007/03/23/washington/23chiara.html?ref=washington&pagewanted=print U.S. Attorney in Michigan Disputes Reason for RemovalMichigan U.S. attorney announces resignation March 27, 2007 AP http://www.buffalolawjournal.com/article_view.asp?IDNO=31200719 dead https://web.archive.org/web/20070312085425/http://www.buffalolawjournal.com/article_view.asp?IDNO=31200719 March 12, 2007 Todd Graves (R) had been pressed to bring a civil suit against Missouri secretary of state Robin Carnahan (D) for allegedly failing to crack down on voting fraud.http://news.nationaljournal.com/articles/070531nj1.htm The Scales Of Justice NATIONAL JOURNAL - News.nationaljournal.com 2007-05-31 2011-04-17 dead https://web.archive.org/web/20070604164859/http://news.nationaljournal.com/articles/070531nj1.htm 2007-06-04 In January 2006, Graves was asked to step down from his job by Michael A. Battle, then director of the Justice Department's Executive Office for U.S. Attorneys.Amy Goldstein and Dan Eggen. "Number of Fired Prosecutors Grows: Dismissals Began Earlier Than Justice Dept. Has Said". washingtonpost.com, May 10, 2007; accessed April 24, 2015/Todd Graves steps down as U.S. Attorney https://web.archive.org/web/20070809015125/http://www.usdoj.gov/usao/mow/news2006/graves.resign.pdf 2007-08-09 , usdoj.gov, March 10, 2006; retrieved May 8, 2007. Graves had clashed with the Department of Justice's civil rights division over a federal lawsuit involving Missouri's voter rolls. The department was pushing for a lawsuit against Missouri, accusing the state of failing to eliminate ineligible people from voter rolls. Graves refused to sign off on the lawsuit, which was subsequently authorized by Graves' successor, Bradley Schlozman (R).Greg Gordon (May 4, 2007). "GOP sought to suppress votes in Missouri, critics say: Missouri is among states where alleged efforts to dampen Democratic turnout were focused", kansascity.com; accessed April 24, 2015. Citizens for Responsibility and Ethics in Washington filed a complaint against Bond over his role in ousting Graves.http://primebuzz.kcstar.com/?q=node/14724 Group files ethics complaint against Bond Helling Dave The Kansas City Star Prime Buzz September 29, 2008 https://web.archive.org/web/20081001182425/http://primebuzz.kcstar.com/?q=node%2F14724 October 1, 2008 February 21, 2017 deadblog February 2017 Bud Cummins (R) allegedly was asked to leave so Timothy Griffin, an aide to Karl Rove, could have his job. Deputy Attorney General Paul McNulty testified that Cummins was removed for no reason except to install a former aide to Karl Rove: 37-year-old Tim Griffin, a former opposition research director for the Republican National Committee.https://www.usatoday.com/news/washington/2007-02-06-prosecutor-rove-aide_x.htm Prosecutor fired so ex-Rove aide could get his job 2007-02-06 USA Today Kevin Johnsonhttps://www.nytimes.com/2009/08/12/us/politics/12firings.html?em E-Mail Reveals Rove's Key Role in '06 Dismissals 2009-08-11 Eric Lichtblau, Eric Lipton The New York Times 2009-08-14White House Is Reported to Be Linked to a Dismissal https://www.nytimes.com/2007/02/16/washington/16attorneys.html David Johnston 2007-02-16 The New York Times Cummins told the Senate Judiciary Committee "that Mike Elston, the deputy attorney general's top aide, threatened him with retaliation in a phone call [in February 2007] if he went public."https://www.bloomberg.com/apps/news?pid=20601103&sid=atpxI2DuctG4&refer=us Fired Prosecutor Says He Was Warned to Keep Quiet (Update2) Robert Schmidt 2007-03-06 Bloomberg News Emails show that Cummins passed on the warning to some of the other attorneys who were fired.http://judiciary.house.gov/media/pdfs/DOJDocsPt3-6070319.pdf Archived copy 2007-05-16 dead https://web.archive.org/web/20070530222340/http://judiciary.house.gov/Media/PDFS/DOJDocsPt3-6070319.pdf 2007-05-30 Emails release by the House Judiciary Committee, email of Feb 20, 2007, page 17 David Iglesias (R) U.S. attorney for New Mexico. In 2005 Allen Weh, Chairman of the New Mexico Republican Party, complained about Iglesias to a White House aide for Karl Rove, asking that Iglesias be removed. Weh was dissatisfied with Iglesias due in part to his failure to indict New Mexico state senator Manny Aragon (D) on fraud and conspiracy charges. Then in 2006 Rove personally told Weh "He's gone.""Report: Rove was urged to oust U.S. attorney" - NBC News - March 11, 2007 Thomas M. DiBiagio (R) U.S. attorney for Maryland, stated in March 2007 that he was ousted because of political pressure over public corruption investigations into the administration of then-Gov. Robert L. Ehrlich Jr.https://www.washingtonpost.com/wp-dyn/content/article/2007/03/06/AR2007030602330.html?nav=rss_email/components Justice Admits U.S. Attorney Was Forced Out The Washington Post March 7, 2007 Eric Rich 2006-03-07 Administration testimony contradicted by documents Bush White House e-mail controversy Members of Congress investigating the dismissals found that sworn testimony from Department of Justice officials appeared to be contradicted by internal Department memoranda and e-mail, and that possibly Congress was deliberately misled. The White House role in the dismissals remained unclear despite hours of testimony by Attorney General Gonzales and senior Department of Justice staff in congressional committee hearings.2007-03-20 https://www.cbsnews.com/news/dems-strategy-on-attorneys-takes-shape/ Dems' Strategy On Attorneys Takes Shape Mike Allen 2007-03-20 CBS NewsEric Lipton David Johnston Justice Department announces inquiry into its hiring practices 2007-05-03 https://www.nytimes.com/2007/05/03/washington/03attorneys.html The New York Times A18 2007-05-09 Reactions and congressional investigation Dismissal of U.S. attorneys controversy timeline Dismissal of U.S. attorneys controversy hearings Initial reaction The initial reaction was from the senators of the affected states. In a letter to Gonzales on January 9, 2007, senators Feinstein (D, California) and Leahy (D, Vermont; Chair of the Committee) of the Senate Judiciary Committee expressed concern that the confirmation process for U.S. attorneys would be bypassed, and on January 11, they, together with Senator Pryor (D, Arkansas), introduced legislation "to prevent circumvention of the Senate's constitutional prerogative to confirm U.S. Attorneys", called Preserving United States Attorney Independence Act of 2007, 110 S 214 and 110 H 580.Senators Feinstein, Leahy, Pryor to Fight Administration's Effort to Circumvent Senate Confirmation Process for U.S. Attorneys (Press Release). Office of Senator Dianne Feinstein. January 11, 2007. Retrieved January 7, 2014. http://www.signonsandiego.com/news/metro/20070112-9999-1n12lam.html Thornton, Kelly Onell R. Soto Job performance said to be behind White House firing San Diego Union Tribune January 12, 2007 https://web.archive.org/web/20070518060804/http://www.signonsandiego.com/news/metro/20070112-9999-1n12lam.html 2007-05-18 The initial concern was about the USA PATRIOT Act and the confirmation process, rather than the politicization of the U.S. attorneys. Gonzales testified before the Senate Judiciary Committee on January 18. He assured the committee that he did not intend to bypass the confirmation process and denied the firings were politically motivated.The Washington Post https://www.washingtonpost.com/wp-dyn/content/article/2007/01/18/AR2007011801880.html 2007-01-19 Dan Eggen Prosecutor Firings Not Political, Gonzales Says 2007-04-16 The concerns expressed by senators Feinstein and Pryor were followed up by hearings before the Senate Judiciary Committee called by Senator Schumer (D, New York) in February.Notice of Rescheduled Committee Hearing, Tuesday, February 6, 2007, at 9:30 a.m https://web.archive.org/web/20070228215314/http://judiciary.senate.gov/hearing.cfm?id=2516 February 28, 2007 Hearing on "Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys?" United States Senate Committee on the Judiciary January 30, 2007. Retrieved April 16, 2007.2007-03-31 Schumer again takes aim on White House Tom Brune Newsday.com Deputy Attorney General Paul McNulty testified before the Senate Judiciary Committee on February 6. He said that the seven were fired for job performance issues and not political considerations; these statements led several of the dismissed attorneys, who had been previously silent, to come forward with questions about their dismissals, partially because their performance reviews prior to their dismissal had been highly favorable. In subsequent closed-door testimony on April 27, 2007, to the committee, McNulty said that days after the February hearing, he learned that White House officials had not revealed to him White House influence and discussions on creating the list.David Johnston Gonzales's Deputy Quits Justice Department 2007-05-15 https://www.nytimes.com/2007/05/15/washington/15attorney.html?n=Top%2fReference%2fTimes%20Topics%2fSubjects%2fU%2fUnited%20States%20Attorneys The New York Times 2007-05-17 Marisa Taylor Margaret Talev Former deputy attorney general official defends fired U.S. attorneys 2007-05-03 http://www.realcities.com/mld/krwashington/17174983.htm McClatchy Newspapers 2007-05-15 McNulty in February called Senator Schumer by telephone to apologize for the inaccurate characterization of the firings.https://www.nbcnews.com/id/wbna17628142 NBC News Meet the Press 2007-03-18 2007-04-16 MTP Transcript for Mar. 18, 2007 McNulty testified that Bud Cummins, the U.S. attorney for Arkansas, was removed to install a former aide to Karl Rove and Republican National Committee opposition research director, Timothy Griffin.https://www.usatoday.com/news/washington/2007-02-06-prosecutor-rove-aide_x.htm Prosecutor fired so ex-Rove aide could get his job 2007-02-06 USA Today Kevin Johnson Cummins, apparently, "was ousted after Harriet E. Miers, the former White House counsel, intervened on behalf of Griffin".White House Is Reported to Be Linked to a Dismissal https://www.nytimes.com/2007/02/16/washington/16attorneys.html David Johnston 2007-02-16 The New York Times McNulty's testimony that the attorneys were fired for "performance related issues" caused the attorneys to come forward in protest.http://www.reviewjournal.com/lvrj_home/2007/Feb-08-Thu-2007/news/12466253.html Adrienne Packer 2007-02-08 Las Vegas Review Journal U.S. attorney rebuts claim performance led to firing 2007-04-16https://www.washingtonpost.com/wp-dyn/content/article/2007/02/08/AR2007020801867.html The Washington Post Fired Prosecutor Disputes Justice Dept. Allegation 2007-02-09 2007-04-16 Dan Eggen There is some evidence that the administration was concerned about the attorneys' going public with complaints prior to this time.http://www.msnbc.msn.com/id/17552880/site/newsweek/page/1 Fuel to the Firings: Eight U.S. attorneys lost their jobs. Now investigators are assessing if the dismissals were politically motivated 2007-03-19 2007-04-16 Michael Isikoff Newsweek dead https://web.archive.org/web/20070314191640/http://www.msnbc.msn.com/id/17552880/site/newsweek/ March 14, 2007 Salon.com reported: "[A]t least three of the eight fired attorneys were told by a superior they were being forced to resign to make jobs available for other Bush appointees, according to a former senior Justice Department official knowledgeable about their cases." Inside Bush's prosecutor purge Mark Follman 2007-02-28 http://www.salon.com/news/feature/2007/02/28/attorneys/ Further investigation and resignations Battle resignation On March 5, 2007 effective March 16, Michael A. Battle resigned his position of Director of the Executive Office for United States Attorneys (EOUSA).Messenger in Prosecutors' Firings Quits David Johnston 2007-03-06 The New York Times https://www.nytimes.com/2007/03/06/washington/06inquire.html?ex=1330837200&en=682ea9a6d2069de0&ei=5088&partner=rssnyt&emc=rss David Cay Johnston On March 6, 2007, Gonzales responded to the controversy in an op-ed in USA Today in which he wrote: To be clear, [the firing] was for reasons related to policy, priorities and management — what have been referred to broadly as "performance-related" reasons — that seven U.S. attorneys were asked to resign last December ... We have never asked a U.S. attorney to resign in an effort to retaliate against him or her or to inappropriately interfere with a public corruption case (or any other type of case, for that matter). Like me, U.S. attorneys are political appointees, and we all serve at the pleasure of the president. If U.S. attorneys are not executing their responsibilities in a manner that furthers the management and policy goals of departmental leadership, it is appropriate that they be replaced ... While I am grateful for the public service of these seven U.S. attorneys, they simply lost my confidence. I hope that this episode ultimately will be recognized for what it is: an overblown personnel matter. Sampson resignation On March 12, 2007, Sampson resigned from the Department of Justice. On March 13, Gonzales stated in a news conference that he accepted responsibility for mistakes made in the dismissal and rejected calls for his resignation that Democratic members of Congress had been making. He also stood by his decision to dismiss the attorneys, saying "I stand by the decision and I think it was the right decision". Gonzales admitted that "incomplete information was communicated or may have been communicated to Congress" by Justice Department officials,March 13, 2007 2007-03-18 http://www.usdoj.gov/ag/speeches/2007/ag_speech_070313.html https://web.archive.org/web/20070825102401/http://www.usdoj.gov/ag/speeches/2007/ag_speech_070313.html 2007-08-25 Transcript of Media Availability With Attorney General Alberto R. Gonzales U.S. Department of Justice2007-03-13 New York Post http://www.nypost.com/seven/03142007/news/nationalnews/prosecutor_firings_are_my_bad___gonzales_nationalnews_.htm Associated Press March 13, 2007 Prosecutor Firings Are My Bad — Gonzales dead https://web.archive.org/web/20071015145516/http://www.nypost.com/seven/03142007/news/nationalnews/prosecutor_firings_are_my_bad___gonzales_nationalnews_.htm October 15, 2007 and said that "I never saw documents. We never had a discussion about where things stood." Gonzales lost more support when records subsequently challenged some of these statements. Although the Department of Justice released 3,000 pages of its internal communications related to this issue, none of those documents discussed anything related to a performance review process for these attorneys before they were fired.2007-03-20 E-Mails Show Justice Dept. in Damage-Control Mode Ari Shapiro National Public Radio https://www.npr.org/templates/story/story.php?storyId=9003390 Records released on March 23 showed that on his November 27 schedule "he attended an hour-long meeting at which, aides said, he approved a detailed plan for executing the purge".2007-03-26 White House backs AG as support wanes Lara Jakes Jordan Associated Press http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/03/26/national/w074341D05.DTL dead https://web.archive.org/web/20080624113643/http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fn%2Fa%2F2007%2F03%2F26%2Fnational%2Fw074341D05.DTL June 24, 2008 Executive Privilege claims Senate Judiciary Committee chairman Patrick Leahy stated that Congress has the authority to subpoena Justice Department and White House officials including chief political advisor to the president Karl Rove and former White House counsel Harriet Miers. Subpoenas target Justice; White House could be next CNN 2007-03-15 http://www.cnn.com/2007/POLITICS/03/15/fired.attorneys/index.html On March 20, President Bush declared in a press conference that his aides would not testify under oath on the matter if subpoenaed by Congress. Bush Clashes With Congress on Prosecutors The New York Times March 20, 2007 Sheryl Gay Stolberg https://www.nytimes.com/2007/03/21/us/politics/21attorneys.html?ex=1332129600&en=6190f05e97511f82&ei=5088&partner=rssnyt&emc=rss 2007-07-25 Bush explained his position saying, The President relies upon his staff to provide him candid advice. The framers of the Constitution understood this vital role when developing the separate branches of government. And if the staff of a President operated in constant fear of being hauled before various committees to discuss internal deliberations, the President would not receive candid advice, and the American people would be ill-served ... I will oppose any attempts to subpoena White House officials ... My choice is to make sure that I safeguard the ability for Presidents to get good decisions.2007-03-20 President Bush Addresses Resignations of U.S. Attorneys - The Diplomatic Reception Room https://georgewbush-whitehouse.archives.gov/news/releases/2007/03/20070320-8.html Despite the president's position against aides testifying, on March 21 the House Judiciary Committee authorized the subpoena of five Justice Department officials,Panel Approves Five Subpoenas on Prosecutors The New York Times 2007-03-21 Hulse, Carl 2007-03-23 https://www.nytimes.com/2007/03/22/washington/22attorneys.html and on March 22, the Senate Judiciary Committee authorized subpoenas as well. Senate Panel Approves Subpoenas for 3 Top Bush Aides Paul Kane The Washington Post 2007-03-23 2007-04-17 https://www.washingtonpost.com/wp-dyn/content/article/2007/03/22/AR2007032200213.html Goodling resignation Monica Goodling Sampson's replacement as the attorney general's temporary chief of staff was the U.S. attorney for the Eastern District of Virginia, Chuck Rosenberg. Rosenberg initiated a DOJ inquiry into possibly inappropriate political considerations in Monica Goodling's hiring practices for civil service staff. Civil service positions are not political appointments and must be made on a nonpartisan basis. In one example, Jeffrey A. Taylor, former interim U.S. attorney for the District of Columbia, tried to hire a new career prosecutor, Seth Adam Meinero, in the fall of 2006. Goodling judged Meinero too "liberal" and declined to approve the hire.Dan Eggen Carol D. Leonnig Officials Describe Interference by Former Gonzales Aide 2007-05-23 https://www.washingtonpost.com/wp-dyn/content/article/2007/05/22/AR2007052201601.html The Washington Post A04 2007-05-23 Meinero, a Howard University law school graduate who had worked on civil rights cases at the Environmental Protection Agency, was serving as a special assistant prosecutor in Taylor's office. Taylor went around Goodling, and demanded Sampson's approval to make the hire. In another example, Goodling removed an attorney from her job at the Department of Justice because she was rumored to be a lesbian, and, further, blocked the attorney from getting other Justice Department jobs she was qualified for.Ari Shapiro Justice Rehires Attorney Fired Amid Gay Rumor 2009-02-02 https://www.npr.org/templates/story/story.php?storyId=100147494 National Public Radio 2009-02-02 Rules concerning hiring at the Justice Department forbid discrimination based on sexual orientation. On March 26, 2007, Goodling, who had helped coordinate the dismissal of the attorneys with the White House, took leave from her job as counsel to the attorney general and as the Justice Department's liaison to the White House.Stout, David Johnson, David https://www.nytimes.com/2007/04/07/washington/07goodling.html?pagewanted=print A Top Aide to the Attorney General Resigns 2007-04-06 The New York Times 2007-04-07 Kellman Laurie 26–27 March 2007 Associated Press Writer Lara Jakes Jordan contributed to this report. Gonzales Aide to Invoke Fifth Amendment RF: "7", IPC: "tagpf1apon | sel----- | catw | 1152", IPD: "Washington | Fired Prosecutors | D8O45MN80". APRS000020070326e33q0006n. 14145C2F8906DE08. Associated Press Goodling was set to testify before Congress, but on March 26, 2007, she cancelled her appearance at the congressional hearing, citing her Fifth Amendment right against self-incrimination.Gonzales's Senior Counselor Refuses to Testify Dan Eggen The Washington Post 2007-03-26 https://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032600935.html On April 6, 2007, Goodling resigned from the Department of Justice. On April 25, 2007, the House Judiciary Committee passed a resolution, by a 32–6 vote, authorizing lawyers for the House to apply for a court order granting Goodling immunity in exchange for her testimony and authorizing a subpoena for her.House panel approves subpoena for Rice NBC News 25 April 2007 https://web.archive.org/web/20180106120243/https://www.nbcnews.com/id/18308547/ 2018-01-06 live https://www.nbcnews.com/id/wbna18308547 On May 11, 2007, U.S. District Court chief judge Thomas Hogan signed an order granting Goodling immunity in exchange for her truthful testimony in the U.S. attorney firings investigation, stating that "Goodling may not refuse to testify, and may not refuse to provide other information, when compelled to do so" before the committee.Dan Eggen Paul Kane Judge Gives Immunity to Gonzales Aide https://www.washingtonpost.com/wp-dyn/content/article/2007/05/11/AR2007051102111.html 4 December 2015 The Washington Post Goodling appeared before the House Judiciary Committee, on May 23, 2007, under a limited immunity agreement,Order Granting Monica Goodling immunity Gonzales Watch http://www.gonzaleswatch.com/2007/05/11/judge-oks-granting-monica-goodling-immunity-for-testimony-in-us-attorney-firings-probe/ 2007-05-11 2007-05-11 dead https://web.archive.org/web/20070618031659/http://www.gonzaleswatch.com/2007/05/11/judge-oks-granting-monica-goodling-immunity-for-testimony-in-us-attorney-firings-probe/ 2007-06-18 and provided to the committee a written statement that she read at the start of her testimony.Monica Goodling Remarks of Monica Goodling before the Committee on the Judiciary, United States House of Representatives May 23, 2007 Committee on the Judiciary, U.S. House of Representatives http://judiciary.house.gov/media/pdfs/GoodlingII070523.pdf 2007-05-23 https://web.archive.org/web/20070530210304/http://judiciary.house.gov/media/pdfs/GoodlingII070523.pdf 2007-05-30 dead In response to questions during the hearing, Goodling stated that she "crossed the line" and broke civil service rules about hiring, and improperly weighed political factors in considering applicants for career positions at the Department of Justice.Transcripts Wire Congressional Quarterly Goodling Testifies Before The House Judiciary Committee May 23, 2007 https://www.washingtonpost.com/wp-srv/politics/transcripts/goodling_testimony_052307.html Washington Post 2007-05-23 Gonzales resignation A number of members of both houses of Congress publicly said Gonzales should resign, or be fired by Bush. On March 14, 2007, Senator John E. Sununu (R, New Hampshire) became the first Republican lawmaker to call for Gonzales' resignation. Sununu cited not only the controversial firings but growing concern over the use of the USA PATRIOT Act and misuse of national security letters by the Federal Bureau of Investigation. GOP senator calls for Gonzales' head Suzanne Malveaux Dana Bash Ed Henry Terry Frieden CNN 2007-03-14 http://www.cnn.com/2007/POLITICS/03/14/fired.attorneys/index.html Calls for his ousting intensified after his testimony on April 19, 2007. By May 16, at least twenty-two senators and seven members of the House of Representatives—including senators Hillary Clinton (D, New York) and Mark Pryor (D, Arkansas)—had called for Gonzales' resignation. Sen. Pryor: Attorney General lied to the Senate Dana Bash Ed Henry Terry Frieden Suzanne Malveaux CNN 2007-03-15 http://www.cnn.com/2007/POLITICS/03/15/fired.attorneys/index.html Gonzales submitted his resignation as Attorney General effective September 17, 2007, Bush Ally Gonzales resigns post BBC News https://news.bbc.co.uk/1/hi/world/americas/6965602.stm 2007-08-27 2007-08-28 by a letter addressed to President Bush on August 26, 2007. In a statement on August 27, Gonzales thanked the President for the opportunity to be of service to his country, giving no indication of either the reasons for his resignation or his future plans. Later that day, President Bush praised Gonzales for his service, reciting the numerous positions in Texas government, and later, the government of the United States, to which Bush had appointed Gonzales. On September 17, 2007, President Bush announced the nomination of ex-judge Michael Mukasey to serve as Gonzales' successor. Dan Eggen Elizabeth Williamson Democrats May Tie Confirmation to Gonzales Papers September 19, 2007 https://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801379.html?nav=rss_politics The Washington Post A10 2007-09-19 Testimony of Sara Taylor: Claims of executive privilege On July 11, 2007, Sara Taylor, former top aide to Karl Rove, testified before the Senate Judiciary Committee. Throughout Taylor's testimony, she refused to answer many questions, saying "I have a very clear letter from [White House counsel] Mr. [Fred] Fielding. That letter says and has asked me to follow the president's assertion of executive privilege."July 11, 2007 New Testimony on Fired Federal Prosecutors PBS Newshour https://www.pbs.org/newshour/bb/politics/july-dec07/firings_07-11.html Kwame Holman Kwame Holman August 26, 2017 January 19, 2014 https://web.archive.org/web/20140119001722/http://www.pbs.org/newshour/bb/politics/july-dec07/firings_07-11.html dead Chairman Patrick Leahy (D-VT) dismissed the claims and warned Taylor she was "in danger of drawing a criminal contempt of Congress citation". Senator Ben Cardin (D-MD) took issue with the claim as well, telling Taylor "You seem to be selective in the use of the presidential privilege. It seems like you're saying that, 'Yes, I'm giving you all the information I can,' when it's self-serving to the White House, but not allowing us to have the information to make independent judgment." Leahy added "I do note your answer that you did not discuss these matters with the president and, to the best of your knowledge, he was not involved is going to make some nervous at the White House because it seriously undercuts his claim of executive privilege if he was not involved." He also said "It's apparent that this White House is contemptuous of the Congress and feels it does not have to explain itself to anyone, not to the people's representatives in Congress nor to the American people."11 July 2007 Excerpts From the Sara M. Taylor Hearing / Excerpts from Senate Judiciary Committee's Sara M. Taylor hearing / Excerpts from Senate Judiciary Committee hearing where Sara M. Taylor testified RF: "7", IPC: "tagardsl | selarar- | catn", IPD: "AP State Wires: Arkansas | US State/Regional | Fired Prosecutors Excerpts | D8QAJAS80". APRS000020070711e37b00g4q. 1413DFC064EDE738, yes 1414CC66E95344F8, yes 11AA243A9CE239E0. Associated Press In summary, Taylor told the Senate that she "did not talk to or meet with President Bush about removing federal prosecutors before eight of them were fired", she had no knowledge on whether Bush was involved in any way in the firings, her resignation had nothing to do with the controversy, "she did not recall ordering the addition or deletion of names to the list of prosecutors to be fired", and she refuted the testimony of Kyle Sampson, Attorney General Alberto Gonzales' chief of staff, that she sought "to avoid submitting a new prosecutor, Tim Griffin, through Senate confirmation."Aide: Didn't Talk to Bush About Firings 2007-07-11 Laurie Kellman Associated Press https://www.theguardian.com/worldlatest/story/0,,-6772568,00.html London dead https://web.archive.org/web/20071025150246/http://www.guardian.co.uk/worldlatest/story/0,,-6772568,00.html October 25, 2007 Contempt of Congress charges On July 11, 2007, as Sara Taylor testified, George Manning, the attorney to former White House counsel Harriet Miers, announced that Miers intended to follow the request of the Bush Administration and not appear before the Committee the following day. Manning stated Miers "cannot provide the documents and testimony that the committee seeks."Bush orders Miers to defy house subpoena https://www.nbcnews.com/id/wbna19704513 4 December 2015 NBC News On July 17, 2007, Sanchez and Conyers notified White House counsel Fred Fielding that they were considering the executive privilege claims concerning a "subpoena issued on June 13 to Joshua Bolten, White House chief of staff, to produce documents."Conyers, Sánchez Respond to RNC on Subpoena, Alerts White House of Potential Ruling on Immunity, Privilege Claims 2007-07-17 Linda Sánchez John Conyers, Jr. http://www.lindasanchez.house.gov/news.cfm/article/334 dead https://web.archive.org/web/20070725204318/http://www.lindasanchez.house.gov/news.cfm/article/334 July 25, 2007 They warned, "If those objections are overruled, you should be aware that the refusal to produce the documents called for in the subpoena could subject Mr. Bolten to contempt proceedings". The panel ruled the claims of privilege as invalid on a party-line vote of 7–3.Bush chief of staff faces possible contempt charge 2007-07-20 http://in.reuters.com/article/worldNews/idINIndia-28568320070720 https://web.archive.org/web/20170203100432/http://in.reuters.com/article/worldNews/idINIndia-28568320070720 dead February 3, 2017 Reuters On July 25, 2007 the United States House Committee on the Judiciary voted along party lines 22–17 to issue citations of contempt of Congress to White House chief of staff Joshua Bolten and former White House counsel Harriet Miers.Bush Aides in Contempt; Will They Be Prosecuted? Ari Shapiro 2007-07-25 https://www.npr.org/templates/story/story.php?storyId=12234115 All Things Considered National Public Radio Committee Republicans voted against the measure, calling it "a partisan waste of time", while Democrats said "this is the moment for Congress to rein in the administration." On February 14, 2008, the United States House of Representatives voted 223–32 along party lines to pass the contempt resolutions against White House chief of staff Bolten and former White House counsel Miers.House passes contempt resolution against white house officials Paul Kiel 2008-02-14 http://tpmmuckraker.talkingpointsmemo.com/2008/02/house_passes_contempt_votes_ag.phpOriginal text of the Letter from House Speaker Nancy Pelosi to Attorney General Michael Mukasey informing him of the contempt resolution passing the House https://web.archive.org/web/20080529013513/http://judiciary.house.gov/Media/PDFS/PelosiToMukasey080228.pdf May 29, 2008 Most Republicans staged a walkout during the vote. Aftermath Subpoenas and lost emails Bush White House e-mail controversy White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have potentially been lost and that is a mistake the White House is aggressively working to correct." said Stanzel, a White House spokesman. Stonzel said that they could not rule out the possibility that some of the lost emails dealt with the firing of U.S. attorneys. White House: E-mails on firings may have been killed Reuters 2007-04-11 For example, J. Scott Jennings, an aide to Karl Rove communicated with Justice Department officials "concerning the appointment of Tim Griffin, a former Rove aide, as U.S. attorney in Little Rock, according to e-mails released in March, 2007. For that exchange, Jennings, although working at the White House, used an e-mail account registered to the Republican National Committee, where Griffin had worked as a political opposition researcher." GSA Chief Is Accused of Playing Politics: Doan Denies 'Improper' Use of Agency for GOP Scott Higham Robert O'Harrow Jr The Washington Post 2007-03-26 A01 https://www.washingtonpost.com/wp-dyn/content/article/2007/03/25/AR2007032501048.html CNN reported a larger question concerning the lost e-mails: "Whether White House officials such as political adviser Karl Rove are intentionally conducting sensitive official presidential business via non-governmental accounts to evade a law requiring preservation—and eventual disclosure—of presidential records." Leahy: Aides lying about White House-Justice e-mails CNN 2007-04-12 On May 2, 2007, the Senate Judiciary Committee issued a subpoena to Attorney General Gonzales compelling the Department of Justice to produce all email from Karl Rove regarding evaluation and dismissal of attorneys that was sent to DOJ staffers, no matter what email account Rove may have used, whether White House, National Republican party, or other accounts, with a deadline of May 15, 2007, for compliance. The subpoena also demanded relevant email previously produced in the Valerie Plame controversy and investigation for the 2003 CIA leak scandal.<ref> Lahey, Patrick Rove Email Subpoena United States Senate Committee on the Judiciary''' (via Findlaw) May 2, 2007. Retrieved May 8, 2007. </ref> In August 2007, Karl Rove resigned without responding to the Senate Judiciary Committee subpoena claiming, "I just think it's time to leave."https://www.foxnews.com/story/bush-adviser-karl-rove-to-resign-at-end-of-month Bush Adviser Karl Rove to Resign at End of Month Foxnews.com 2007-08-13 2011-04-17 Appointment of U.S. attorneys and the 2005 Patriot Act reauthorization The president of the United States has the authority to appoint U.S. attorneys, with the consent of the United States Senate, and the president may remove U.S. attorneys from office.28 541 In the event of a vacancy, the United States attorney general is authorized to appoint an interim U.S. attorney. Before March 9, 2006, such interim appointments expired after 120 days, if a presidential appointment had not been approved by the Senate. Vacancies that persisted beyond 120 days were filled through interim appointments made by the Federal District Court for the district of the vacant office.28 546 (U.S. Code prior to amendments of the USA PATRIOT Act, as of the retrieval date March 15, 2007.) The USA PATRIOT Act Improvement and Reauthorization Act of 2005, signed into law March 9, 2006, amended the law for the interim appointment of U.S. attorneys by deleting two provisions: (a) the 120-day maximum term for the attorney general's interim appointees, and (b) the subsequent interim appointment authority of Federal District Courts. With the revision, an interim appointee can potentially serve indefinitely (though still removable by the president), if the president declines to nominate a U.S. attorney for a vacancy, or the Senate either fails to act on a presidential nomination, or rejects a nominee that is different than the interim appointee. On June 14, 2007, President Bush signed a bill into law that re-instated the 120-day term limit on interim attorneys appointed by the attorney general. See also United States Politics Law 2000s List of federal political scandals in the United States Don Siegelman Cyril Wecht Association of Community Organizations for Reform Now (ACORN) Rachel Paulose Notes 30em External links Resignation letters and emails, and other related documents hosted by WSJ Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal (review of the most significant of the emails). Allegra Hartley Timeline: How the U.S. Attorneys Were Fired U.S. News & World Report'' * Category:Investigations and hearings of the United States Congress Category:Patrick Leahy Category:Political scandals in the United States Category:Patriot Act Category:110th United States Congress Category:2006 in American politics Category:2006 in United States federal law Category:2006 controversies in the United States Category:George W. Bush administration controversies Category:Resignations from the United States Department of Justice