Tuesday, March 20, 2007

The New DOI: "Injustice"

Brief post only. I've been short on ZZ's for a spell and see an opportunity to do a little makeup tonight.

But I must briefly draw your attention to this first most-public statement by a fired republican US Prosecuting Attorney:

With this week’s release of more than 3,000 Justice Department e-mail messages about the dismissal of eight federal prosecutors, it seems clear that politics played a role in the ousters.

Of course, as one of the eight, I’ve felt this way for some time. But now that the record is out there in black and white for the rest of the country to see, the argument that we were fired for “performance related” reasons (in the words of Deputy Attorney General Paul McNulty) is starting to look more than a little wobbly.

United States attorneys have a long history of being insulated from politics. Although we receive our appointments through the political process (I am a Republican who was recommended by Senator Pete Domenici), we are expected to be apolitical once we are in office. I will never forget John Ashcroft, then the attorney general, telling me during the summer of 2001 that politics should play no role during my tenure. I took that message to heart. Little did I know that I could be fired for not being political.

Politics entered my life with two phone calls that I received last fall, just before the November election. One came from Representative Heather Wilson and the other from Senator Domenici, both Republicans from my state, New Mexico.

Ms. Wilson asked me about sealed indictments pertaining to a politically charged corruption case widely reported in the news media involving local Democrats. Her question instantly put me on guard. Prosecutors may not legally talk about indictments, so I was evasive. Shortly after speaking to Ms. Wilson, I received a call from Senator Domenici at my home. The senator wanted to know whether I was going to file corruption charges — the cases Ms. Wilson had been asking about — before November. When I told him that I didn’t think so, he said, “I am very sorry to hear that,” and the line went dead.

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Good has already come from this scandal. Yesterday, the Senate voted to overturn a 2006 provision in the Patriot Act that allows the attorney general to appoint indefinite interim United States attorneys. The attorney general’s chief of staff has resigned and been replaced by a respected career federal prosecutor, Chuck Rosenberg. The president and attorney general have admitted that “mistakes were made,” and Mr. Domenici and Ms. Wilson have publicly acknowledged calling me.

President Bush addressed this scandal yesterday. I appreciate his gratitude for my service — this marks the first time I have been thanked. But only a written retraction by the Justice Department setting the record straight regarding my performance would settle the issue for me.

No disrespect, Mr. former Prosecuting Attorney, but while I would like to have the issue settled for you also, for the American people, whose patriotism and love of democracy have been slurred and libeled constantly by the cabal that it appears led to your unemployment, that is far from enough. These are criminal actions by our own government, Mr. Iglesias. Please do not settle for the admittedly unprecedented and improbable "retraction" you ask for. You should know full well that your duty to the Constitution, the established practice of law, and the American People demand a lawsuit for wrongful termination. We the American People deserve no less. Who did you serve? Some courage, please!

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