Submitted by fnord on Sat, 05/05/2007 - 17:34.
By Nate Anderson
Ars
Retroactive immunity from prosecution is a beautiful thing if you're a major telecommunications provider in the US, and phone companies are about to receive it if the Bush administration gets its way. The administration's new appropriations request for intelligence agencies was recently disclosed at a hearing of the Senate Select Committee on Intelligence, and it includes a massive gift to the phone companies who have been (can we drop the "allegedly" at this point?) helping the NSA and other agencies. Prepare yourself for the longest single sentence you have ever read:
Notwithstanding any other law, and in addition to the immunities, privileges, and defenses provided by any other source of law, no action shall lie or be maintained in any court, and no penalty, sanction, or other form of remedy or relief shall be imposed by any court or any other body, against any person for the alleged provision to an element of the intelligence community of any information (including records or other information pertaining to a customer), facilities, or any other form of assistance, during the period of time beginning on September 11, 2001, and ending on the date that is the effective date of this Act, in connection with any alleged classified communications intelligence activity that the Attorney General or a designee of the Attorney General certifies, in a manner consistent with the protection of State secrets, is, was, would be, or would have been intended to protect the United States from a terrorist attack.
That's from section 408 of the proposed bill, and it's buried beneath the innocuous headline "Liability Defense." As the government explains later in an analysis of the bill, "companies that cooperate with the Government in the war on terror deserve our appreciation and protection—not litigation." Any court case dealing with the issue would be thrown out of court, and the protection would include all phone company interaction with the intelligence community since September 11.
Submitted by fnord on Wed, 04/25/2007 - 17:06.
CNN
WASHINGTON (CNN) -- The last soldier to see Army Ranger Pat Tillman alive, Spc. Bryan O'Neal, told lawmakers that he was warned by superiors not to divulge -- especially to the Tillman family -- that a fellow soldier killed Tillman.
O'Neal particularly wanted to tell fellow soldier Kevin Tillman, who was in the convoy traveling behind his brother at the time of the 2004 incident in Afghanistan.
"I wanted right off the bat to let the family know what had happened, especially Kevin, because I worked with him in a platoon and I knew that he and the family all needed to know what had happened," O'Neal testified. "I was quite appalled that when I was actually able to speak with Kevin, I was ordered not to tell him."
Asked who gave him the order, O'Neal replied that it came from his battalion commander, then-Lt. Col. Jeff Bailey.
"He basically just said ... 'Do not let Kevin know, that he's probably in a bad place knowing his brother's dead,' " O'Neal told House Oversight and Government Reform Committee Chairman Henry Waxman. "And he made it known I would get in trouble, sir, if I spoke with Kevin on it being fratricide."
The military instead released a "manufactured narrative" detailing how Pat Tillman died leading a courageous counterattack in an Afghan mountain pass, Kevin Tillman told the committee.
Also Tuesday, former Pfc. Jessica Lynch told the House panel that the military lied about her capture.
Lynch testified that after her vehicle was attacked in Iraq in March 2003, she suffered a mangled spinal column, broken arm, crushed foot, shattered femur and even a sexual assault.
But it only added insult to injury, literally, when she returned to her parents' home in West Virginia, which "was under siege by media all repeating the story of the little girl 'Rambo' from the hills of West Virginia who went down fighting," Lynch said.
Submitted by fnord on Thu, 03/29/2007 - 19:24.
By LAURIE KELLMAN and LARA JAKES JORDAN
Yahoo
WASHINGTON - Eight federal prosecutors were fired last year because they did not sufficiently support
President Bush's priorities, Attorney General Alberto Gonzales' former chief of staff says in remarks prepared for delivery Thursday to Congress.
Separately, the Justice Department admitted Wednesday it gave senators inaccurate information about the firings and presidential political adviser Karl Rove's role in trying to secure a U.S. attorney's post for one of his former aides, Tim Griffin.
In a letter accompanying new documents sent to the House and Senate Judiciary committees, Justice officials acknowledged that a Feb. 23 letter to four Democratic senators erred in asserting that the department was not aware of any role Rove played in the decision to appoint Griffin to replace U.S. Attorney Bud Cummins in Little Rock, Ark.
Sampson, in remarks obtained Wednesday by The Associated Press, spoke dismissively of Democrats' condemnation of what they call political pressure in the firings.
"The distinction between 'political' and 'performance-related' reasons for removing a United States attorney is, in my view, largely artificial," he said. "A U.S. attorney who is unsuccessful from a political perspective ... is unsuccessful."
Submitted by fnord on Mon, 03/26/2007 - 14:21.
The Nation
Jon Town has spent the last few years fighting two battles, one against his body, the other against the US Army. Both began in October 2004 in Ramadi, Iraq. He was standing in the doorway of his battalion's headquarters when a 107-millimeter rocket struck two feet above his head. The impact punched a piano-sized hole in the concrete facade, sparked a huge fireball and tossed the 25-year-old Army specialist to the floor, where he lay blacked out among the rubble.
"The next thing I remember is waking up on the ground." Men from his unit had gathered around his body and were screaming his name. "They started shaking me. But I was numb all over," he says. "And it's weird because... because for a few minutes you feel like you're not really there. I could see them, but I couldn't hear them. I couldn't hear anything. I started shaking because I thought I was dead."
Eventually the rocket shrapnel was removed from Town's neck and his ears stopped leaking blood. But his hearing never really recovered, and in many ways, neither has his life. A soldier honored twelve times during his seven years in uniform, Town has spent the last three struggling with deafness, memory failure and depression. By September 2006 he and the Army agreed he was no longer combat-ready.
But instead of sending Town to a medical board and discharging him because of his injuries, doctors at Fort Carson, Colorado, did something strange: They claimed Town's wounds were actually caused by a "personality disorder." Town was then booted from the Army and told that under a personality disorder discharge, he would never receive disability or medical benefits.
Town is not alone. A six-month investigation has uncovered multiple cases in which soldiers wounded in Iraq are suspiciously diagnosed as having a personality disorder, then prevented from collecting benefits. The conditions of their discharge have infuriated many in the military community, including the injured soldiers and their families, veterans' rights groups, even military officials required to process these dismissals.
Submitted by fnord on Mon, 03/26/2007 - 13:51.
Yahoo
GAINESVILLE, Fla. - Former Gov.
Jeb Bush was snubbed for an honorary degree at the University of Florida — but he can still call himself an honorary alumnus.
The university's Alumni Association's Board of Directors passed a resolution Saturday to make Bush an honorary alumnus. The move came on the heels of a 38-28 Faculty Senate vote on Thursday to deny Bush an honorary degree.
The main difference between the awards is that the degree is given by the university and the alumni association decides who receives honorary alumni status, said Steve Orlando, a University of Florida spokesman. The association extends the honor to a handful of people each year.
"They might be in two different categories, but from the alumni perspective, we highly respect those that have been given or granted the status of honorary alumnus," said Leonard Spearman, president of the University of Florida Alumni Association.
In deciding not to give Bush an honorary degree, some faculty members cited concerns about Bush's educational record in respect to the university. Some said his approval of three new medical schools has diluted resources. He also has been criticized for his "One Florida" proposal, an initiative that ended race-based admissions programs at state universities.
Submitted by fnord on Mon, 03/26/2007 - 13:49.
Washington Post
The Justice Department's inspector general revealed on March 9 that the FBI has been systematically abusing one of the most controversial provisions of the USA Patriot Act: the expanded power to issue "national security letters." It no doubt surprised most Americans to learn that between 2003 and 2005 the FBI issued more than 140,000 specific demands under this provision -- demands issued without a showing of probable cause or prior judicial approval -- to obtain potentially sensitive information about U.S. citizens and residents. It did not, however, come as any surprise to me.
Three years ago, I received a national security letter (NSL) in my capacity as the president of a small Internet access and consulting business. The letter ordered me to provide sensitive information about one of my clients. There was no indication that a judge had reviewed or approved the letter, and it turned out that none had. The letter came with a gag provision that prohibited me from telling anyone, including my client, that the FBI was seeking this information. Based on the context of the demand -- a context that the FBI still won't let me discuss publicly -- I suspected that the FBI was abusing its power and that the letter sought information to which the FBI was not entitled.
Rather than turn over the information, I contacted lawyers at the American Civil Liberties Union, and in April 2004 I filed a lawsuit challenging the constitutionality of the NSL power. I never released the information the FBI sought, and last November the FBI decided that it no longer needs the information anyway. But the FBI still hasn't abandoned the gag order that prevents me from disclosing my experience and concerns with the law or the national security letter that was served on my company. In fact, the government will return to court in the next few weeks to defend the gag orders that are imposed on recipients of these letters.
Submitted by fnord on Sat, 03/24/2007 - 15:44.
By JULIE HIRSCHFELD DAVIS
WASHINGTON - Democrats, armed with subpoenas for
President Bush's political guru Karl Rove and other top aides, are pressing the White House to allow the advisers to answer questions under oath about the firing of federal prosecutors.
The brokering has already begun. Republican Sen. Arlen Specter of Pennsylvania floated a compromise with Bush's counsel Fred Fielding, even as both sides publicly ratcheted up the standoff. The White House said Fielding would pass the proposal to Bush.
Bush's counsel discussed the dispute Friday in a meeting at the Capitol with Sen. John Cornyn, R-Texas, a close White House ally.
The two did not delve into specific proposals for Bush's aides to testify, but Cornyn said he urged Fielding to release as much information related to the prosecutor firings as possible, warning that he wanted "no surprises" to emerge.
"I told him, 'Everything you can release, please release. We need to know what the facts are,' " Cornyn said.
A Senate panel joined the House on Thursday in authorizing subpoenas for the aides, and the White House insisted it would fight attempts to compel Rove and others to appear on camera, testifying under oath.
Submitted by fnord on Sat, 03/24/2007 - 15:42.
Vanessa Heaney
BBC
Iraqi youths work at a construction site in Baghdad
The report said there was little oversight of Iraqi contractors
The US reconstruction programme in Iraq has been described as chaotic and badly managed, in an official report by the US special inspector general for Iraq.
Stuart Bowen said tension and a lack of co-ordination between the Pentagon and the State Department led to disarray.
Mr Bowen presented his report to the Senate Homeland Security committee.
The panel's chairman, Joseph Liebermann, said billions of dollars had been wasted and the overall mission in Iraq had been undermined.
Submitted by fnord on Sat, 03/17/2007 - 04:03.
Yahoo
WASHINGTON - White House political adviser Karl Rove raised questions in early 2005 about replacing some federal prosecutors but allowing others to stay, an e-mail released Thursday shows. The one-page document, which incorporates an e-mail exchange in January 2005, also indicates Attorney General Alberto Gonzales was considering dismissing up to 20 percent of U.S. attorneys in the weeks before he took over the Justice Department.
The e-mail exchange concludes with Gonzales' top aide warning that an across-the-board housecleaning "would certainly send ripples through the U.S. attorney community if we told folks they got one term only."
Submitted by fnord on Sat, 03/17/2007 - 04:02.
By Peter Szekely
Reuters
WASHINGTON (Reuters) - Brushing aside a veto threat, the House of Representatives voted on Wednesday to overturn a 2001 order by President George W. Bush that lets former presidents keep their papers secret indefinitely.
The measure, which drew bipartisan support and passed by a veto-busting 333-93 margin, was among White House-opposed bills the House passed that would widen access to government information and protect government whistleblowers.
"Today, Congress took an important step toward restoring openness and transparency in government," House Oversight and Government Reform Committee Chairman Henry Waxman said.
The presidential papers bill nullifies a November 2001 order, criticized by historians, in which Bush allowed the White House or a former president to block release of a former president's papers and put the onus on researchers to show a "specific need" for many types of records.
Submitted by fnord on Sat, 03/17/2007 - 03:58.
ThinkProgress
Dr. James Knodell, director of the Office of Security at the White House, revealed today that to his knowledge the White House has never ordered a probe, report, or sanctions as a result of the outing of covert CIA operative Valerie Plame. “I have no knowledge of any investigation in my office,” he said.
Rep. Elijah Cummings (D-MD) said he was “shocked” by Knodell’s testimony, adding that the White House’s lack of action was a “breach on top of a breach.”
Knodell claimed the White House did not investigate because there was an outside investigation taking place. But Rep. Henry Waxman (D-CA) noted that the investigation “didn’t start until months and months later, and [only] had the purpose of narrowly looking to see whether there was a criminal law violated.” Waxman asked, “But there was an obligation for the White House to investigate whether classified information was being leaked inappropriately, wasn’t there?” Knodell answered, “If that was the case, yes.”
Shortly after the leak was revealed by Novak, Bush said he wanted an investigation to identify the leaker:
A senior official quoted Bush as saying, “I want to get to the bottom of this,” during a daily meeting yesterday morning with a few top aides, including Rove.
Bush: “If there is a leak out of my administration, I want to know who it is.“
E&P reports, “The White House had first opposed Knodell testifying but after a threat of a subpoena from the committee yesterday he was allowed to appear today.” The Gavel has more.
Submitted by fnord on Tue, 03/13/2007 - 20:22.
Wired
AT&T told an appeals court in a written brief Monday that the case against it for allegedly helping the government spy on its customers should be thrown out, because it cannot defend itself -- even by showing a signed order from the government -- without endangering national security.
A government brief filed simultaneously backed AT&T's claims and said a lower court judge had exceeded his authority by not dismissing the suit outright.
Because plaintiffs' entire action rests upon alleged secret espionage activities, including an alleged secret espionage relationship between AT&T and the Government concerning the alleged activities, this suit must be dismissed now as a matter of law," the government argued in its brief.
The telecom giant and the government are appealing a June ruling in a federal district court that allowed the suit brought by the Electronic Frontier Foundation against the telecom to proceed, despite the government's invocation of a powerful tool called the "states secrets privilege," which allows it to have civil cases dismissed when national secrets are involved.
California Northern District Court Chief Judge Vaughn Walker ruled, however, that since the government had admitted it was wiretapping Americans without a warrant and that AT&T had to be involved, the case could go forward tentatively. The Ninth Circuit Court of Appeals will hear the government and AT&Ts' appeal in the coming months.
"This case cannot and should not go forward where AT&T is disabled from responding to
allegations or evidence tendered by the plaintiffs, and is therefore deprived of the
ability to defend itself against potentially massive liability," AT&T's lawyers wrote in a brief (.pdf). "Moreover, as this Court has explained, although a dismissal in contexts like this one may appear 'harsh' for the individual plaintiffs, the 'greater public good,' and "ultimately the less harsh remedy," is the protection of military and intelligence secrets the release of which could harm the public's safety."
The suit, which relies heavily on documents provided to the rights group by former AT&T employee Mark Klein, alleges that AT&T helped the government spy on internet communications, data-mine domestic call records and listen in on phone calls without a warrant as required by the Foreign Intelligence Surveillance Act. The government, which says it has inherent constitutional powers to wiretap in the time of war, said in January it would stop the warrantless wiretapping of certain overseas phone calls and get warrants from the court it evaded.
Submitted by fnord on Tue, 03/13/2007 - 20:03.
CNN
WASHINGTON (AP) -- Attorney General Alberto Gonzales abruptly canceled travel plans Tuesday amid growing calls for his ouster over the firings of eight federal prosecutors during a White House-directed housecleaning of U.S. attorneys.
Gonzales also accepted the resignation of his top aide, Kyle Sampson, who authorities said failed to brief other senior Justice Department officials of his discussions about the firings with then-White House counsel Harriet Miers. Miers resigned in January.
Sen. Charles E. Schumer, who is leading a Senate investigation of the firings, called for the second time in three days for Gonzales to step down.
Additionally, Democratic Party Chairman Howard Dean said Gonzales "ought to be shown the door -- he ought not to be in this administration. We have got to end corruption in our government. It is not OK to be corrupt."
Gonzales was expected to respond to the criticism as early as Tuesday afternoon. Sampson declined comment.
The government's 93 U.S. attorneys are presidential appointees who can be hired and fired at will. But critics say the fate of the eight who were dismissed last year appeared to have been politically motivated. And Democratic and Republican lawmakers alike said they were outraged that Justice Department officials weren't forthcoming on how the firings unfolded -- even when asked, under oath, by Congress.
A Justice Department official said Tuesday that Miers, in a February 2005 discussion with Sampson, suggested firing all of the U.S. attorneys. White House spokesman Tony Snow described the idea as a move to get fresh faces in the 4-year term jobs, and said that it was not a firm recommendation by Miers.
Submitted by fnord on Mon, 03/12/2007 - 19:40.
By HOPE YEN
PhillyBurbs
WASHINGTON - The Senate's No. 3 Democrat said Sunday that Attorney General Alberto Gonzales should resign because he is putting politics above the law. Sen. Charles Schumer cited the FBI's illegal snooping into people's private lives and the Justice Department's firing of federal prosecutors.
Schumer, D-N.Y., said Gonzales repeatedly has shown more allegiance to President Bush than to citizens' legal rights since taking his job in early 2005.
He branded Gonzales, a former White House counsel, as one of the most political attorneys general in recent history.
"Attorney General Gonzales is a nice man, but he either doesn't accept or doesn't understand that he is no longer just the president's lawyer, but has a higher obligation to the rule of law and the Constitution even when the president should not want it to be so," Schumer said.
"And so this department has been so political that I think for the sake of the nation, Attorney General Gonzales should step down," he said.
Submitted by fnord on Mon, 03/12/2007 - 19:37.
By ADAM ZAGORIN/WASHINGTON
Time
After Republicans lost control of Congress last year, newly empowered Democrats promised to launch a series of tough investigations on everything from the Iraq war to Medicare and high energy prices. But since taking charge on Capitol Hill in January, a series of unexpected new issues have captured their attention, none potentially more damaging to the Bush Administration than the controversy over alleged political influence in the firing of eight Republican U.S. attorneys last Dec. 7, in an episode that some of its victims have already taken to calling the "Pearl Harbor Day Massacre."
The White House approves all U.S. attorneys, who function as the federal government's chief prosecutors in 93 jurisdictions around the country. As political appointees, they serve "at the pleasure of the President," and can be replaced, at least theoretically, at any time for any reason. But group firings in the middle a presidential term are highly unusual. Though Attorney General Alberto Gonzales insisted to Congress that "I would never, ever make a change in a U.S. attorney position for political reasons," critics were outraged at the December dismissals, among them the firing of an Arkansas U.S. attorney to make way for Timothy Griffin, a prot�g� of White House political guru Karl Rove. The outcry forced Griffin to withdraw. Gonzales' top deputy later claimed the firings were necessary because of "performance-related" issues. But it was later revealed that all but two of the dismissed prosecutors had won outstanding evaluations for competence.
Those revelations set the stage for Tuesday's dramatic appearance of six of the ousted Republican prosecutors before House and Senate committees dominated by Democrats. One of the fired prosecutors, David Iglesias of New Mexico, testified that he felt "leaned on" by Sen. Pete Domenici over a case he was pursuing. Iglesias said the New Mexico Republican and former mentor hung up on him after learning Iglesias would not seek indictments in a criminal investigation of Democrats before the 2006 election. "He said, 'Are these going to be filed before November?'" Iglesias recalled. "I said I didn't think so... to which he replied, 'I'm very sorry to hear that.' And then the line went dead. "I had a sick feeling in the pit of my stomach," Iglesias testified. "Six weeks later I got the call that I had to move on." The ousted prosecutor also said that Heather Wilson, a Republican House member from New Mexico, had called him about the same issue.
Submitted by fnord on Mon, 03/12/2007 - 19:35.
FoxNews
ISLAMABAD, Pakistan — The U.S. military asserted that an American soldier was justified in erasing journalists' footage of the aftermath of a homicide bombing and shooting in Afghanistan last week, saying publication could have compromised a military investigation and led to false public conclusions.
The comments came Friday in response to an Associated Press protest that a U.S. soldier had forced two freelance journalists working for the U.S.-based news agency to delete photos and video at the scene of violence March 4 in Barikaw, eastern Afghanistan. At least eight Afghans were killed and 34 wounded.
"Investigative integrity is one circumstance when civil and military authorities will reluctantly exercise the right to control what a journalist is permitted to document," Col. Victor Petrenko, chief of staff to the top U.S. commander in eastern Afghanistan, said in a letter Friday.
He added that photographs or video taken by "untrained people" might "capture visual details that are not as they originally were."
The Associated Press disputed the assertions.
"That is not a reasonable justification for erasing images from our cameras," said AP Executive Editor Kathleen Carroll in New York. "AP's journalists in Afghanistan are trained, accredited professionals working at an appropriate distance from the bombing scene. In democratic societies, legitimate journalists are allowed to work without having their equipment seized and their images deleted."
Afghan witnesses and gunshot victims said U.S. forces fired on civilians in cars and on foot along at least a six-mile stretch of road from Barikaw following the homicide attack against the Marine convoy. The U.S. military said insurgents also fired on American forces during the attack. One Marine was wounded.
Submitted by fnord on Fri, 03/09/2007 - 21:02.
NY Times
Americans often suspect that their political leaders are arrogant and out of touch. But even then it is nearly impossible to fathom what self-delusion could have convinced Senator Pete Domenici of New Mexico that he had a right to call a federal prosecutor at home and question him about a politically sensitive investigation.
That disturbing tale is one of several revealed this week in Congressional hearings called to look into the firing of eight United States attorneys. The hearings left little doubt that the Bush administration had all eight — an unprecedented number — ousted for political reasons. But it points to even wider abuse; prosecutors suggest that three Republican members of Congress may have tried to pressure the attorneys into doing their political bidding.
It already seemed clear that the Bush administration’s purge had trampled on prosecutorial independence. Now Congress and the Justice Department need to investigate possible ethics violations, and perhaps illegality. Two of the fired prosecutors testified that they had been dismissed after resisting what they suspected were importunings to use their offices to help Republicans win elections. A third described what may have been a threat of retaliation if he talked publicly about his firing.
David Iglesias, who was removed as the United States attorney in Albuquerque, said that he was first contacted before last fall’s election by Representative Heather Wilson, Republican of New Mexico. Ms. Wilson, who was in a tough re-election fight, asked about sealed indictments — criminal charges that are not public.
Two weeks later, he said, he got a call from Senator Pete Domenici, Republican of New Mexico, asking whether he intended to indict Democrats before the election in a high-profile corruption case. When Mr. Iglesias said no, he said, Mr. Domenici replied that he was very sorry to hear it, and the line went dead. Mr. Iglesias said he’d felt “sick.” Within six weeks, he was fired. Ms. Wilson and Mr. Domenici both deny that they had tried to exert pressure.
Submitted by fnord on Fri, 03/09/2007 - 18:20.
By LARA JAKES JORDAN
PhillyBurbs
WASHINGTON - The FBI improperly and, in some cases, illegally used the USA Patriot Act to secretly obtain personal information about people in the United States, underreporting for three years how often it forced businesses to turn over customer data, a Justice Department audit concluded Friday.
In some cases, FBI agents demanded the data without proper authorization, according to a 126-page audit by Justice Department Inspector General Glenn A. Fine. At other times, the audit found, the FBI improperly obtained telephone records in non-emergency circumstances.
Submitted by fnord on Fri, 03/09/2007 - 18:07.
DARPA and TIA Issues
Homeland Security revives supersnoop
By Audrey Hudson
THE WASHINGTON TIMES
Homeland Security officials are testing a supersnoop computer system that sifts through personal information on U.S. citizens to detect possible terrorist attacks, prompting concerns from lawmakers who have called for investigations.
The system uses the same data-mining process that was developed by the Pentagon's Total Information Awareness (TIA) project that was banned by Congress in 2003 because of vast privacy violations.
A Government Accountability Office (GAO) investigation of the project called ADVISE -- Analysis, Dissemination, Visualization, Insight and Semantic Enhancement -- was requested by Rep. David R. Obey, Wisconsin Democrat and chairman of the House Appropriations Committee.
The investigation focuses on whether the program violates privacy laws, and the findings will be released after completion of the Iraq war supplemental spending bill, possibly as early as this week, a panel aide said.
Submitted by fnord on Wed, 01/17/2007 - 17:55.
Operation Power Grab
Diane Feinstein:
Mr. President, I have introduced an amendment on this bill which has to do with the appointment of U.S. Attorneys. This is also the subject of the Judiciary Committee's jurisdiction, and since the Attorney General himself will be before that committee on Thursday, and I will be asking him some questions, I speak today in morning business on what I know so much about this situation.
Recently, it came to my attention that the Department of Justice has asked several U.S. Attorneys from around the country to resign their positions -- some by the end of this month -- prior to the end of their terms not based on any allegation of misconduct. In other words, they are forced resignations.
I have also heard that the Attorney General plans to appoint interim replacements and potentially avoid Senate confirmation by leaving an interim U.S. Attorney in place for the remainder of the Bush administration.
How does this happen? The Department sought and essentially was given new authority under a little known provision in the PATRIOT Act Reauthorization to appoint interim appointments who are not subject to Senate confirmation and who could remain in place for the remainder of the Bush administration.
To date, I know of at least seven U.S. Attorneys forced to resign without cause, without any allegations of misconduct. These include two from my home State, San Diego and San Francisco, as well as U.S. Attorneys from New Mexico, Nevada, Arkansas, Texas, Washington and Arizona.
In California, press reports indicate that Carol Lam, U.S. Attorney for San Diego, has been asked to leave her position, as has Kevin Ryan of San Francisco. The public response has been shock. Peter Nunez, who served as the San Diego U.S. Attorney from 1982 to 1988, has said, ‘This is like nothing I've ever seen in my 35-plus years.’
He went on to say that while the President has the authority to fire a U.S. Attorney for any reason, it is ‘extremely rare’ unless there is an allegation of misconduct.
To my knowledge, there are no allegations of misconduct having to do with Carol Lam. She is a distinguished former judge. Rather, the only explanation I have seen are concerns that were expressed about prioritizing public corruption cases over smuggling and gun cases.
The most well-known case involves a U.S. Attorney in Arkansas. Senators Pryor and Lincoln have raised significant concerns about how "Bud" Cummins was asked to resign and in his place the administration appointed their top lawyer in charge of political opposition research, Tim Griffin. I have been told Mr. Griffin is quite young, 37, and Senators Pryor and Lincoln have expressed concerns about press reports that have indicated Mr. Griffin has been a political operative for the RNC.
While the administration has confirmed that 5 to 10 U.S. Attorneys have been asked to leave, I have not been given specific details about why these individuals were asked to leave. Around the country, though, U.S. Attorneys are bringing many of the most important and complex cases being prosecuted. They are responsible for taking the lead on public corruption cases and many of the antiterrorist efforts in the country. As a matter of fact, we just had the head of the FBI, Bob Mueller, come before the Judiciary Committee at our oversight hearing and tell us how they have dropped the priority of violent crime prosecution and, instead, are taking up public corruption cases; ergo, it only follows that the U.S. Attorneys would be prosecuting public corruption cases.
As a matter of fact, the rumor has it -- and this is only rumor -- that U.S. Attorney Lam, who carried out the prosecution of the Duke Cunningham case, has other cases pending whereby, rumor has it, Members of Congress have been subpoenaed. I have also been told that this interrupts the flow of the prosecution of these cases, to have the present U.S. attorney be forced to resign by the end of this month.
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