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Monday, April 02, 2007
Donald Lambro :: Townhall.com Columnist
Don't forget the tackle box
by Donald Lambro
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Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


WASHINGTON -- If the latest Democratic subpoena threats in the White House firing of eight U.S. attorneys sounds like a fishing expedition in search of wrongdoing, that's because it is.

It isn't clear whether anything in this story is illegal or unethical. But ever since the firings were first reported, amidst complaints by the dismissed U.S. attorneys that they were sacked for political reasons, the tone and tenor of the investigation and the ongoing hearings seems to have concluded that something criminal has happened here.

That remains to be seen, but so far no one has proven that replacing a few attorneys (most of whom had completed their terms) with some fresh blood violated any law.

Traditionally, whenever Congress investigates the executive branch, it calls the agency heads in to testify, as well as other officials and experts, following a committee staff review of the facts. In this case, the House and Senate Judiciary Committee Democrats began by authorizing subpoenas of President Bush's top advisers, political strategist Karl Rove and former White House counsel Harriet Miers.

That the rarely used subpoena powers were invoked at the beginning, before anyone knew anything beyond what they read in the papers, sent a clear signal that the Democrats smelled blood in the water and they were declaring all-out war to uncover a hoped-for scandal to further wound the Bush administration in its final two years.

But what really has occurred here of such magnitude to suggest that it was wrong to dismiss any U.S. attorneys, for whatever reason, who after all, traditionally serve at the pleasure of the president?

The hyperbolic stories that have been written about this in the national news media have reported a number of things that to the uninitiated sound like they were illegal or wrong -- when they were neither. Let's take them one at a time.

-- That this is an extraordinary number of dismissals that rarely occur in the final two years of an administration:

There are a total of 94 U.S. attorneys and getting rid of eight of them is hardly a large number. Traditionally, the incoming administration replaces most or all of the U.S. attorneys with their own selections -- usually from their own party, but not always. Replacements have occurred from time to time in previous administrations throughout their term of office.

-- That the dismissals were secretly hatched in the White House: Well, of course, policy and management decisions are set forth in the White House, including the decisions on who the U.S. attorneys should be. Some of the stories, quoting from e-mails that mention the White House role in the firings, sound conspiratorial when that is the way the chain of command is supposed to work.

The White House isn't denying that it sought these dismissals for what it deems proper and acceptable reasons.

-- That the U.S. attorneys were fired and their replacements picked solely for political reasons:

But the selection of U.S. attorneys is inherently political and the process in choosing them is based in large part on, well, politics, such as will they pursue the administration's law-enforcement agenda. Each incoming president gets rid of the previous administration's attorneys and puts in its own people, as it does throughout the government.

"The process of selection is political, but once you are there, you can't be political," Daniel French, a former Democratic U.S. attorney appointed by President Clinton, told the Los Angeles Times.

Bill Clinton knew how to play politics with the U.S. attorneys and, as soon as he took office, ordered that all of them should be fired. The order was sent down to one of Clinton's longtime Arkansas political cronies, Webster Hubbell, whom he installed at the Department of Justice as an associate attorney general to do his political bidding.

Hubbell eventually pleaded guilty to mail fraud and tax evasion in his role as a partner in the Rose Law Firm in Little Rock, where Hillary Clinton was an influential player.

Among those whose resignations Hubbell demanded was the attorney in Arkansas who was investigating the Clintons in the Whitewater real-estate scandal. Another was the U.S. attorney who was investigating Rep. Daniel Rostenkowski of Illinois, the powerful Ways and Means chairman who eventually went to jail for fraud.

But unlike Clinton, when Bush took office he was not in as much hurry to replace the U.S. attorneys and it took him nearly two years to do so, keeping some Clinton-appointed attorneys as holdovers.

There has been much speculation that the eight prosecutors were replaced because they did not pursue widespread Democratic voter fraud that took place in 2004. In fact, this remains a major under-prosecuted scandal and reason enough to put in someone who will tackle such cases more aggressively.

But the fact remains that the Bush-appointed attorneys have gone after corporate crooks irrespective of party -- including the Enron, accounting and lobbying scandals that sent Republican lobbyists and lawmakers to prison. So much for politics.

What seems obvious right now is that the House and Senate chairmen of the oversight judiciary committees who are fishing for dirt in these latest firings are the same ones who looked the other way when Bill Clinton was trying to shut down investigations into Democratic skullduggery.

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About The Author

Donald Lambro is chief political correspondent for The Washington Times.

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The insiders are gone, who cares
If you had someone on the inside who kept an eye on what President Bush was doing, and leaking information to the media, wouldn't you want those persons there making the Bush adminstrations look bad to the American people. How about having someone who not only looked the other way, when they worked for Bill Clinton in what the Democrats were doing, but are still looking the other way in what the Democrats are doing in another administration. Namely the Bush administration. Wouldn't you yell foul. In this case the Democrats are yelling politics are involved in firing the attorneys. Let's see, Democrats positions are for life if a Republican gets elected President, and if a Republican works for a Democrat President, it's pink slip time and clean out your desk. I can see the Democrats side of this. It's a standard which has always existed in government. It's called a double standard.

BS
Does the Liddy case come to mind?

more of the same from both parties
It seems that the democratic party FORGOTT about the firing of some 93 US attornies by porno bill but now are outraged by 8. Maybe they need a remedial math class??????

THE BIG LIE

Kyle Sampson the former chief of staff(AG) testified before congress that Attorney General Gonzales fired the Federal Prosecutors because they where not tough enough on immigration policy. Sampson claimed it was White House policy to get tough on illegal immigrants. Yet he showed no proof and all we have to go on is President Bush’s performance of a blind eyed approach to enforce our immigration laws. Presidential candidate Tom Tancredo called for Gonzales to resign due to his lack of any enforcement of immigration laws and over aggressive prosecution of border agents. Does anyone believe this story?

FOX-WASHINGTON — Presidential hopeful Tom Tancredo has joined the growing chorus of lawmakers calling for U.S. Attorney General Alberto Gonzales to resign — only not for the usual reason.

Unlike others criticizing Gonzales over the recent firing of eight U.S. attorneys, the Colorado Republican said the embattled attorney general should go because of “a series of leadership failures” — chiefly his handling of illegal immigration prosecutions.

“Gonzales’ legacy at the (Justice Department) has been one of misplaced priorities, political miscalculation, and a failure to enforce the laws which he has sworn to uphold,” Tancredo said in a statement Tuesday. “I think that it is time for him to move on.”

Tancredo faulted several Justice Department decisions dealing with border crimes, including the prosecution of two border patrol agents for shooting a Mexican drug smuggler and trying to cover it up

READ MORE http://www.controlcongress.com

You got some 'splainin to do
Let's see, the Dems are conducting a witch hunt that would make the routine from Monty Python & the Holy Grail look like a Mensa convention. The bottom line is they accuse Bush et al of making personnel decisions in the DOJ based on political motivation. "But Daddy, but Daddy, aren't the Democrats making this fuss for their own political reasons? Shut up Junior and drink your Kool-Aid"(Scenes from a Liberal household). I'd bet if we put Ms. Pelosivitch on a scale, she'd weigh the same as a duck.

The fish stinks
"It isn't clear whether anything in this story is illegal or unethical." -- It seems at a minimum that sworn testimony was false. Unethical is firing a competent effective UA Attorney so make way for an incompetent whose only credential is friendship with Rove. Unethical is doing a "performance review" without gathering any information about actual performance.

The fish -- that's Rove from the political office. The best interpretation of Sampson's testimony is that people with access to Rove called to grouse about this or that USA. Rove went ahead and fired them.

How can that be?
>they accuse Bush et al of making personnel decisions in the DOJ based on political motivation

According to the White House, neither Bush nor Gonzalez had anything to do with the firings.

Fishing expedition
I suspect that the dems are setting a perjury trap. It seems the trend lately to charge an individual with lying under oath when they mispeak or cannot recall. Lately the definition of false statemetns under 18 USC have been skewered. If they come in an have an informal conversation with a committee and they cannot remember or they mispeak nothing can be done. If they are on the record they may be charged with a felony even if they truly do not recall or they do not recall anything.

typical left wing liberal nutjob bias
When Slick Willie Clinton fired 93 attorneys,
the mainstream media never uttered a peep.
Could it be that they either didn't want to
wind up committing "suicide" like Vince Foster
(we all know that he was assisted in his "suicide") or they never met a democRAT
they didn't love. The Republicans remove a
mere 8 attorneys and you'd think the mainstream
media were having a mass collective orgasm
after an all night orgy. It just goes to show
that the mainstream media are so far out of
touch that they must be smoking what remains
of Slick Willie's stash from the White House.

take the fifth
I dont blame for one second the attorney who will take the fifth. Why expose yourself to the "fairness" of Leahy and Schumer. And Specter has always been a dimocrat.

Democrat subpoena
Wouldn`t it be great if only the AG would show up for the subpoena with a rod and reel? Also, since the Democrats are in the drivers seat, shouldn`t subpoena be on every spelling word list in all the schools? Just a thought. Woody

Doesn't it bother you?
The head of the FBI office in San Diego quit because the firing of Carol Lam impeded some very important prosecutions going on in her office. The fact that some of these prosecutions were reaching into areas sensitive to the White House should be cause for concern to all Americans.

What ruckus
No one denies Clinton fired all the attorneys when he was elected. No one talks about Bush senior or Reagan. I assume they fired all the US Attorneys when they took office.

I also assume that George Jr. fired all the US attorneys when he was first elected. Did he fire all the attorneys on his second elections? No one mentions that.

I see at least three scenarios leading to the firings:

1. These attorneys were incompetent and it took the Justice Department and the White House six years to figure it out. Given the history of this administration on incompetents, this is entirely possible.

2. They weren't "Republican" enough. I have heard this one floated around and it meshes with all the legalities and in fighting in DC. Competence is not an issue in this scenario. They were just not politically correct. It is George's right and privilege to fire at will such appointees. It took 6 years to figure this out? Once again, given the history of this administration this is entirely possible.

3. They were fired to hinder an on going prosecution. I would be extremely depressed if this were the case. Because of their length of service, this pops into the minds of most people who are not knee jerk republicans. If this is a possibility, then the judiciary has a duty to investigate. When the smoke clears, i don't think criminal wrong doing will be found. I Believe it will be one more act of hubris by an imperial president.















Hi Gene!
Back on '93 Nobody, especially Republicans, accused Clinton of firing for political reasons, because they recognized the fact that hiring or firing of U.S. Attornys is a perogitive of the President. Republicans respected the perogitives of a Democrat President then, the Democrats should respect the perogitives of this Republican President instead of fishing for scandals now. Of course, the Democrats are so bereft of ideas, that scandal is all they have.

Hide and Seek
If this administration hasn't done anything illegal, then it should stop acting like it has, and come clean. Fully.

The American people will understand the reasoning if it is legitimate. If it isn't then the White House will is only make things worse for all of us.

I can already see the GOP losing another 6 to 7 Senate seats in 2008 simply because Gonzo can't seem to get his lies straight.

Let's get the facts
Lambro would apparently have this congessional investigation shut down because Congress doesn't know the facts. Well, count me as one of those who doesn't know the facts either, although I would like to know the facts. The explanations for the firings of these eight USAs have changed weekly. When the facts are in dispute, that's the reason you have an investigation. There's no need for one if the facts are not in dispute.

Most of Lambro's points are taken from the Justice Department memo written by Tasia Scolinos as a way to deflect the unfolding criticism of the firings. An excellent, well-researched story on her memo, as well as the facts on firings of USAs over the past quarter-century, is here: http://www.latimes.com/news/nationworld/nation/la-na-talking23mar23,0,3342736,full.story?coll=la-home-headlines

Bottom line, each administration over this time period (Reagan, Bush 41, Clinton and Bush 43) have all replaced most USAs at the beginning of their term of office. During this period, only 10 have been replaced in mid-term until this latest round of firings. Eight of those 10 were replaced because they resigned, the other two were replaced "for cause" after running afoul of the criminal justice system themselves (one was chrged with biting a stripper). So this mid-term replacement of eight USAs is unprecedented, at least in recent times.

So let's give AG Gonzales the benefit of the doubt. If there were reasons for the firing of these eight, he should just explain them and move on, right? But the fact is that no one has given an explanation that stands up. And the circumstances of the firings raise enough questions that an explanation is certainly due to the American people, if for no other reason than to reassure us that the Justice Department isn't politicizing prosecutions.

These circumstances include the fact that most of the fired USAs were incolved in corruption investigations involving Republican officials. In at least one case, members of Congress had actually intervened personally in a pending prosecution. In that same case, Gonzales own chief of staff testified last week that he would not have recommended that USA being fired if he had more closley examined his record.

At first we were told that these firings were performance-related. But when it was learned that the performance reviews of these USAs had all been above average, even Republican members of Congress bridled at having the reputations of the USAs unfairly damaged and the Justice Department backed off from that assertion.

Then we have the liaison between Justice and the White House take the Fifth Amendment. All the talking points aside from both sides, there are specific legal reasons that allow you to take the Fifth. It is specifically to prevent self-incrimination, not to avoid answering difficult questions or because you are afraid Congress might be mean to you. What this means is that Monica Goodling believes that a crime may have been committed and that her truthful testimony wuld implicate her in that crime. From a legal standpoint, either she committed a crime, aided others in committing a crime or gave information to her superiors that led them to testify falsely to Congress, which is also a crime.

There are also other factors that should be explained, but the fact remains that a simple, truthful explanation for why the USAs were fired would go a long way toward putting this to rest. Thus far, no one has offered one. With all the smoke, absent a reasonable explanation, reasonable people can infer that there must be a fire somewhere. And that's why you have investigations.

A lot of
you people need to go back and re-read the article and realize that the firing were not illegal in the first place. And Gene, I won't shut up about the Clinton firings because despite the speculation about the so called investigation of Repubican corruption, Clinton actually did fire a AG that was in the middle of criminal investigations against Democrats, then President Clinton included. One more time, AGs are appointees who serve at the pleasure of the administration just like other cabinet members, they are not elected. Why weren't the Democrats issuing subpeonas over the Rumsfeld firing, he was an appointee as well?

Performance reviews














Good performance review. Routine. Who wants to get into a hassle with lawsuits, unions, anybody. Just transfer the employee if you need someone to do their work. Everyone knows reviews are worthless.
Mati















Don't look to Cons for assistance
Wee gleefully toss both Bush & Gonzalez under their own North American union bus.

Our concern for the Bush incompetence, stupidity and corruption is measured in microgivasheites.

They should have fired all 93 US attorneys for political reasons, they still could fire all 93 US attorneys but wont, and demand prosecutions for bribery for allowing illegal immigration, voter fraud, employers of illegal immigrants.

Bush would and should be impeached for treason for promoting & allowing a criminal foreign invasion except the opposition agrees with Bush.

Clinton
celtnik, you're talking about the case involving Dan Rostenkowski from Illinois who was eventually indicted and sent to prison. (Clinton ended up giving him a pardon, which I would agree stinks).

In the Lam case you're talking about the #3 at the CIA, and several congressmen--we're talking about billions of U.S. taxpayers dollars down the toilet.

The MZM ACDS scandal is a big deal. I don't care what the party affiliation of the people involved is, or how far it goes up, that whole deal stinks.

Lam gets fired and her assistant attorney leaves about the same time to a SEVEN figure a year salary at the law firm that's defending Rep. Jerry Lewis who's been investigated as part of the MZM scandal. (Maybe a connection, maybe not, I really can't say).

Yeah, nothing there folks.

Btw, a quick primer:

AG = Attorney General. Clinton did not fire Reno.

USAs = U.S. Attorneys.

AUSAs = Assistant U.S. Attorneys.

"Pleasure of the president" = Not found in the Constitution.

Frank
the phrase "pleasure of the President" means that he is the one who appoints "USAs", there did I get that right, (I think you knew what I meant). Since he is authorized under Article II, section 2 to make appointments to the courts, including "USAs", as well as their immediate boss the "AG", he can terminate their appointment as well. Lam has already done her job with charging Kyle Foggo, and successfully prosecuting Duke Cunningham. However, when Diana Feinstein sends a letter to Gonzales asking why she isn't aggressive enough on prosecuting about 387 illegal alien cases she has pending and then changes her tune a year later and starts complaining about the firings, that's pure partisan politics. Apparently DiFI is a lot dirtier than Cunningham in regards to acquiring and securing lucrative government contracts. Given Lam's reputation for going after corruption, she should probably be glad she is gone. If Lam's assistant goes to work for a firm that is defending Rep. Lewis, I don't see how that vindicates Lam. Also, M

Justice
Why would any president in his right mind leave 93 partisan supporters of the opposition party in charge of the judicial system?

You say a district attorney has no real power, he just a paper shuffler and an administer who keeps the wheel of justice on the track.

Look at the "justice" of high profile cases around the country. The Duke lacrosse team, Scooter Libby, Tom Delay, Rush, Congressman William Jefferson, Sandy Berger. Partisan democrats were and are key players in these cases and others too numerous to mention.

Do you think it was just incidental that the Dems, who have a block on regular appointments, rammed through legislation to prevent interim appointments of individuals to these 93 positions. Now none of the democratic partisans can be replaced. Look for widespread indictment and prosecution of high profile Republicans.

Why would any president in his right mind leave 93 partisan supporters of the opposition party in charge of the judicial system?


More like a hunting trip
The Dems want another trophy to put on their wall next to Libby, and they're trying to get it the same way.

If the House Democrats really thought these firings interfered with ongoing investigations they would be subpoenaing the FIRED ATTORNEYS, who could tell them what investigations were being disrupted. But they're subpoenaing White House staffers instead, because they're really interested in setting a perjury trap.

This is purely about politics, not justice, and certainly not any Constitutional function of the Legislature.

Partially right
Celtnik,

Two steps to hire:

1. The president nominates the U.S. attorneys with the "advice and consent" of the Senate.

2. The Senate can refuse a presidential nominee, and then the president would have to come up with another choice.

There are also people who the president does not have to nominate in "lower officers". These people can be removed "at the president's pleasure" in almost all cases.

The people who have go through the nomination process (for example, U.S. attorneys) can usually be fired for almost any reason, but there are limits.

If the president fired a U.S. Attorney to interfere with a corruption investigation that would be an illegal, illegitimate use of his authority. There might be other limits as well.

Justice
cwa, that's not the issue here.

Bush replaced all of Clinton's people when he came into office in 2001. (Just like Clinton did with George H.W. Bush's people in 1993; and like even George H.W. Bush did with Reagan's people in 1988).

What's different this time around are the mid-term firings. We have never, NEVER, had a president selectively fire 8 attorneys mid-term without publicly justifying his decision.

People have a right to know WHY these people were fired. The president may be able to fire whoever he wants, but he still has to justify his reasoning.

If his reasons are legal, no problem. If his reasons are not, then he should be held accountable.

People seem to forget that the Constitution says: "WE the People". WE are the boss. The President and the Congress are OUR employees.

Sometimes people get things turned around and forget who works for who. There are some leaders today who seem to forget that as well. If we forget that lesson, we lose everything.

We should appreciate that our leaders have tough jobs. But we should never forget that our leaders work for us. We the People.

On that "New" authority. For 220 YEARS the Senate has had the authority to approve U.S.A.s

Last year, the Bush administration BROKE 220 YEARS of history and inserted a provision into the renewed Patriot Act in the dark of the night that REMOVED this authority.

220 YEARS of History, and tradition. Gone with absolutely no debate.

THAT was a crime.

CWA
Just for the record, each of these fired USAs was a Republican appointed by Bush 43 when he replaced all USAs at the beginning of his term. They aren't partisan Democrats who were fired, they are Republicans, just like all the other USAs in every district of the country.

The USAs in each of the federal cases you mentioned are also Republicans. That includes Patrick Fitzgerald of Illinois, the special prosecutor in the Scooter Libby case. He was appointred special prosecutor for the Valerie Plame affair by John Ashcroft, then the Republican U.S. Attorney General.

And Democrats haven't placed a "hold" on appointments of replacement USAs. With President Bush's consent and agreement, they have repealed a little-noticed provision of the Patriot Act that allowed replacement USAs to be appointed on an interim basis without Senate approval. As Frank noted, this is the way USA appointments were handled for more than 200 years and we have simply returned now to the former procedure.

Wrong
Frank writes:

"What's different this time around are the mid-term firings. We have never, NEVER, had a president selectively fire 8 attorneys mid-term without publicly justifying his decision."

Bush did NOT replace all of the US Attorneys upon taking office. And the 8 attorneys that were fired had all completed the four year terms for which they had been hired at the time of their dismissals. One of them had already given notice that he would not be serving the last two years of Bush's Presidency and was already activel seeking employment in the private sector.

Finally, why don't you libs furnish some actual evidence that these attorneys were fired to impede some investigation before making this charge? Answer - because there is no scandal here and no crime, just another excuse to set another perjury trap.


Ken in Tenn
And, just for the record, Noel Hillman, the prosecutor who let Sandy Berger walk, which should have made him a reviled figure to conservatives, was rewarded with a federal judgeship by Bush.

Impeding investigation?
SAN DIEGO – San Diego FBI chief Dan Dzwilewski, who was rebuked by superiors for publicly defending ousted U.S. Attorney Carol Lam, has announced his retirement.

Dzwilewski had said Lam's firing was political and would adversely affect ongoing corruption cases.

Doubly Wrong
Since 1980 there have only been 10 US Attorneys replaced. That's a fact. The reasons in those past examples were mostly uncontroversial--including cases where one USA attempted to strangled a TV news reporter after a tough day in court.

These 8 firings ARE unprecedented. There have never been mid-term firings like this.

It's possible that there are legitimate reasonings for the firings, but this administration has not provided any evidence. We got a 3,000 page document dump from the DOJ which states reasons for why these people MIGHT have been fired. But none of these documents from before Dec. 7th say: "We are going to fire these attorneys for these reasons. Here is the standard that we have applied." We haven't heard straight answers from one of the principals Gonzales. In fact, he lied when he was in front of Congress. The White House Counsel was also involved, but she hasn't said anything yet.

The fact is that at least 4 of these attorneys--Bogden in Nevada, Charlton in Arizona, and Cummins in Arkansas were involved in investigating public corruption scandals. The one in San Diego involving Carol Lam involved a major corruption scandal. The circumstances for these firings are highly unusual. So it's fair to ask for the reasons and the evidence.

This idea that this is some "lib" idea is nonsense. If a person is a conservative, or at least THINKS he or she is a conservative then you tend to get a little ticked off when your representatives or your president start screwing around with the Constitution.

Our first House of Representatives spent 4 days debating ONE sentence in a law concerning the president's authority, because they took their jobs seriously (concerning the creation of the Dept. of Foreign Affairs and whether the president had the right to fire subordinates). This past Senate jettisoned a provision of the law that had been in place for over 200 years without any debate. That's just wrong.

Perhaps you haven't read Alexander Hamilton. But I'd recommend that you check out Federalist #76. Maybe you'll understand why it's kind of important for the Senate to have an "advice and consent" role in some federal executive appointees. It just defies reason to appoint a bunch of amateur attorneys with limited to no prosecutorial experience as this administration has without Senate approval using this emergency appointment authority. There was a case just past week where some amateur attorney cost U.S. taxpayers over 100 million dollars in a D.C. District Court decision because his office didn't apply the appropriate law to a complaint. That is NOT serving the public interest in my view.

In another two years we may have a Democrat as a president, and I don't want that president to have unchecked authorities to do whatever he or she wants with may tax dollars and my country's Constitution.

These are big issue that we are dealing with. And it ticks me off that so many people, who think they're Conservative, seems so incredibly clueless about these issues.

As far as a "perjury trap" goes this is nonsense. If a person is under oath you tell the truth. It's not that complicated. Clinton lied about sex and was censured. That was appropriate. Libby lied about a case involving a CIA operative, and a jury of his peers found him guilty. That's how our legal system works. When you're under oath you don't lie. Not complicated.
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