Legal

Getting Rid of Critics: US Attorneys Replaced

Thalia.

Posted to Legal on Mon Jan 22, 2007 at 08:23:47 AM EST (promoted by port1080). RSS.

Sen. Dianne Feinstein recently lambasted the Bush administration for forcing several U.S. attorneys to step down from their posts.  (partial transcript here)  The U.S. attorneys are all Bush appointees that had been approved by the Senate.  They are being replaced by political appointees, who will not have be approved by the Senate, or a District Judge.  The Patriot Act changed the law, so that such appointments last until the end of the President's term, instead of 120 days.  

The U.S. attorneys who have resigned, 11 out of a total of 93 so far, include some of the best known prosecutors, and quite a few who had pending cases against Republican politicians, and corporations that had supported the Administration.

As one legal commentator put it, the Bush administration's message is clear, "You can prosecute people except those people that are in our good graces -- you stay away from them -- and if you don't, you're out."  Alberto Gonzales denied the claims during a Senate hearing, stating that "Some people should view that as a sign of good management. What we do is we make an evaluation of a person's performance and I have a responsibility of people in your district."  He also said that he did not know how many U.S. Attorney's had been asked to resign.

The people whose performances have been evaluated and found lacking include:

In a particularly egregious turn, the person appointed to replace Bud Cummings is Tim Griffin, whose job historiy is primarily as "opposition researcher for the GOP."  In other words, someone whose entire career has been in digging up dirt on behalf of the GOP.  

Tags: edited by Port1080, written by Thalia, lawyers, justic department (all tags)

This story: 11 comments (6 from subqueue)
Post a Comment
7

Re: Getting Rid of Critics: US Attorneys Replaced

gerrymander.

Mon Jan 22, 2007 at 09:51:24 PM EST

1.00

They are being replaced by political appointees, who will not have be approved by the Senate, or a District Judge.

Considering how much effort needed to be expended to get Bush's nominees for even higher-level open positions back when the Democrats didn't control Congress, maybe this isn't the smoking gun some would like it to be.

Also, what's the usual turnover rate for US attorneys? Is 11 out of 93 in [some undisclosed timeframe in that job] atypical? If so, is it atypically high, or low?

8

^ 7

Re: Getting Rid of Critics: US Attorneys Replaced

Thalia.

Mon Jan 22, 2007 at 10:45:13 PM EST

5.00 (interesting)

Being asked to leave by the president who appointed you, before your term is over is pretty much being referred to as "unprecedented."   I'm not that shocked at the turn over rate, many law firms have higher turn over.  I'm surprised that they're replacing people with political operatives.

Thalia

9

^ 8

Re: Getting Rid of Critics: US Attorneys Replaced

zyxwvutsr.

Tue Jan 23, 2007 at 07:40:44 PM EST

none

'm surprised that they're replacing people with political operatives
People? Which people? Cummins is one, I suppose, but he's person, not people.

And what's up with the title of this discussion? "Critics?!" What critics? Not even Dianne Feinstein has suggested that these folks are being asked to step down because they've criticized the Bush Administration. All indications are that they are being asked to resign because they were doing a shitty job.

10

^ 8

Re: Getting Rid of Critics: US Attorneys Replaced

gerrymander.

Wed Jan 24, 2007 at 01:28:03 PM EST

none

I'm surprised that they're replacing people with political operatives.

Are they? I read every link, but didn't see many indicators that the replacements were political hacks. In fact, I didn't see any indication of who the replacements are at all, save one: Diane J. Humetewa.

Without knowing more details, we can't assess whether Bush has appointed the equivalents of Harriet Miers or John Roberts -- both of whom were considered by Bush's detractors to be political choices, but only one of which was actually unqualified. The utter failure to provide facts in this story* is telling.

* By the linked articles, not you, Thalia.

11

^ 10

Re: Getting Rid of Critics: US Attorneys Replaced

Thalia.

Thu Jan 25, 2007 at 05:31:02 AM EST

none

The egregious example is Tim Griffin, who was the administration's top lawyer in charge of political opposition research.  He was mentioned in the last link, as well as in Feinstein's speech.

But you're right, we're not getting enough data here.  Unfortunately the data resides with this Administration and Mr. Gonzales, who steadfastly maintains that he "doesn't know" how many U.S. attorneys were asked to resign, and he "doesn't know" why the particular individuals who have made statements that they were asked to resign were asked.  He also "doesn't know" anything about Tim Griffin's nomination.  As long as this Adminstration controls the news, I feel pretty justified in assuming the worst when no data is provided by them, especially when that data is explicitly requested.

Thalia

1

Re: Getting Rid of Critics: US Attorneys Replaced

Steve Urkel.

Mon Jan 22, 2007 at 02:25:45 PM EST

none

Those attorneys deserved it. Also, Bud Cummings isn't really a U.S. attorney. Look it up. Also what I said about the steroids.

2

^ 1

The soft sighs of the shill

Lou.

Mon Jan 22, 2007 at 03:13:16 PM EST

5.00

Those attorneys deserved it.

Why?  Because they dare criticize the friends of Dear Leader?

It's the end of the world as we know it, and I feel fine

3

^ 2

the shellfish oft go shits

Steve Urkel.

Mon Jan 22, 2007 at 03:35:32 PM EST

1.00

Barry Bonds and Bush aren't friends.

It's difficult to evaluate this situation without more information from less biased sources. What are these attorneys records? Is this routine or not?  My own research uncovered the fact Bud Cummings is not a U.S. Attorney, so I honestly don't know what to believe.

4

^ 1

Bud Cummings is not a federal prosecutor.

MayorBob.

Mon Jan 22, 2007 at 04:42:47 PM EST

5.00 (informative)

Right, because Bud Cummins was one.  At least, he was until he resigned to be replaced with the political crony to Dubya.

Thalia's link says his resignation was tendered at the behest of a higher up in the DOJ, which sounds plausible.  So, your astounding find that the misspelled person wasn't really a federal prosecutor doesn't really hold water.  What other earthshaking revelations do you have?

Illegitimi non carborundum.

5

^ 1

Re: Getting Rid of Critics: US Attorneys Replaced

Thalia.

Mon Jan 22, 2007 at 05:18:28 PM EST

5.00

Always a good idea to base your argument on a typo.  How about you address the actual issue instead?  If you had bothered to click through the links I provided, you would have found out more about him.

Thalia

6

^ 5

Wham bam thank you Lam

Steve Urkel.

Mon Jan 22, 2007 at 09:13:13 PM EST

1.00

I don't find Daily Kos links terribly helpful. Since Bud Cummings doesn't seem to exist, I looked up Carol Lam. This blog has an interesting take on her situation, and this newspaper article offers some reasons why she may have been replaced:

"An independent research organization based at Syracuse University analyzed prosecution data and concluded that between 2001, before Lam took over, and 2005, prosecutions in San Diego declined to 3,261 from 5,266, or 38 percent. More recent statistics are not available."

"From the start, Lam said she would put more focus on white-collar crime cases, which can be more complex and take more time and resources.
But even in that area, the number of cases went down. In 2001, according to the Syracuse study, there were 142 white-collar crime prosecutions. In 2005, the number was 82. "

"Indeed, it is those white-collar corruption prosecutions that will be most remembered about Lam's tenure. There, too, critics find fault.
"I applaud the theory of going after white-collar crime, but some of the individual decisions over who to go after have been lax," said defense attorney Michael Crowley. He represented City Council aide David Cowan, a minor figure in the San Diego City Hall strip club case who was acquitted of a single charge but was devastated by the ordeal.

In that case, council members were charged with accepting campaign contributions in exchange for eliminating rules banning touching between patrons and dancers. The convictions of former Councilman Michael Zucchet were thrown out by a federal judge after the trial. The case is now on appeal.

Crowley and others also pointed to Lam's prosecution of local political consultant Larry Remer for using college funds for a bond campaign ad. That corruption prosecution ended in a hung jury and eventually resulted in a misdemeanor plea.

"If you are saying you don't have enough resources, why are you spending them on that?" said a lawyer who spoke on the condition of anonymity.

And then there was the Alvarado Hospital case. An expert on medical fraud, Lam prosecuted officials there for allegedly accepting kickbacks over a common practice used in the industry to entice doctors to work in underserved areas.

The case was tried twice, with Lam herself prosecuting the second trial, but neither jury could reach a verdict."

This story: 11 comments (6 from subqueue)
Post a Comment