Congressional Record—Senate S2292

Total Page:16

File Type:pdf, Size:1020Kb

Congressional Record—Senate S2292 S2292 CONGRESSIONAL RECORD — SENATE February 28, 2007 As this debate unfolds, it is my hope chance of success than the course we quickly and effectively achieve the vic- we will have the opportunity to bring are now taking. Therefore, this strat- tory that all of us desire. It is not the Gregg amendment to the floor and egy deserves a chance. about political posturing. It is about vote to send a clear message to our In talking with some of my col- what Congress can do to support our men and women in harm’s way that we leagues, on the Republican side as well young men and women in Iraq and help support them, the funding will be as the Democratic side, who recently them accomplish this critical mission. there, and we will stay with them as returned from Iraq, I am very hopeful Losing the global war on terrorism is they pursue the cause on behalf of that based on the comments they have not an option. Failure in Iraq would be peace, liberty, freedom, and democracy made, per their visual inspection of devastating to our national security, in Iraq, Afghanistan, and around the what is going on in Iraq today, based entangling the Middle East in a web of world. upon their conversations with General chaos that breeds terror and extre- I yield the floor and suggest the ab- Petraeus, we are seeing some successes, mism. The Iraq Study Group and sence of a quorum. even though they are minimal at this countless expert witnesses have testi- The ACTING PRESIDENT pro tem- point. But there is now hope and en- fied that simply leaving Iraq, without pore. The clerk will call the roll. couragement that this strategy is stabilizing the country, would be disas- The assistant legislative clerk pro- going to work. trous. ceeded to call the roll. If Members of Congress truly don’t As the senior Senator from my State, Mr. CHAMBLISS. Mr. President, I support our efforts in Iraq and believe my support of our mission and our ask unanimous consent that the order we should withdraw troops, they should troops includes a responsibility to ex- for the quorum call be rescinded. vote to cut off funds for the war, which amine the tactics and question the The ACTING PRESIDENT pro tem- is the primary authority Congress has steps that we take to reach our goal. I pore. Without objection, it is so or- in this area. However, having refused will continue to do that in a very delib- dered. to allow the Senate to vote on pro- erate way, but I intend to be construc- Mr. CHAMBLISS. Mr. President, I re- tecting funding for our troops serving tive in my approach and criticism in cently came to the Senate floor to ex- in harm’s way, the Democrats are now order to do everything we can to en- press my views relative to the delibera- proposing another symbolic resolution. sure that our troops and our mission This is the fourth resolution that the tions this body was undertaking ap- succeed, rather than doing whatever I Senate Democratic leadership has proving and disapproving of the Presi- can to make sure they fail. backed to address the troop increase, dent’s way forward in Iraq. I am When this motion to deauthorize or strongly in favor of this body debating and the Democrats still insist on avoid- ing the fundamental issue of whether micromanage the war in Iraq comes to the U.S. policy relative to Iraq and be- the floor of the Senate, I urge my col- lieve all my colleagues are as well. they will cut off funds for troops serv- ing in Iraq. leagues to oppose it. However, as I stated in my earlier I yield the floor. Mr. President, I sug- speech, it is not appropriate to allow As the Wall Street Journal wrote in an editorial: gest the absence of a quorum. the majority party to completely dic- The PRESIDING OFFICER (Mr. tate the terms of that debate, as they Democrats don’t want to leave their fin- gerprints on defeat in Iraq by actually vot- WHITEHOUSE). The clerk will call the have tried to do over the last several ing to bring the troops home. So instead, roll. weeks. That is why I voted against clo- they’re hoping to put restrictions on troop The assistant legislative clerk pro- ture on the motion to proceed to the deployments that will make it impossible for ceeded to call the roll. Reid resolution on February 17, along the Iraq commander, General David Mr. LIEBERMAN. Mr. President, I with a vast majority of my Republican Petraeus, to fulfill his mission. ask unanimous consent that the order colleagues. This is essentially an attempt to en- for the quorum call be rescinded. Mr. President, since that time, a new sure the policy does not succeed. Logi- The PRESIDING OFFICER. Without strategy relative to this debate has cally, the Senate should be giving Gen- objection, it is so ordered. come forward. The strategy is essen- eral Petraeus everything he needs to tially an attempt to deauthorize or re- succeed, both in terms of financial as f strict U.S. military action in Iraq by well as political support. But that is CONCLUSION OF MORNING revoking or altering the Iraq war reso- not what the majority party is trying BUSINESS lution, which passed this body by a to do. vote of 77 to 23 on October 11, 2002. I Democrats in the House of Rep- The PRESIDING OFFICER. Morning don’t agree with this tactic. resentatives have undertaken a plan business is closed. On January 26, the Senate unani- that would tie war funding in a supple- f mously approved GEN David Petraeus mental spending bill to strict new for his fourth star and to be com- standards for resetting, equipping, and IMPROVING AMERICA’S SECURITY mander of the multinational forces, training troops. This strategy to choke ACT OF 2007 Iraq. No Senator opposed his nomina- off resources and the Senate plan to re- The PRESIDING OFFICER. Under tion. General Petraeus supports Presi- vise the use of force authorization are the previous order, the Senate will now dent Bush’s plan and new strategy in attempts to make the war in Iraq proceed to the consideration of S. 4, Iraq and has embarked on the mission unwinnable while avoiding political re- which the clerk will report. for which President Bush chose him sponsibility. The assistant legislative clerk read and for which this body unanimously As Charles Krauthammer has said: as follows: Slowly bleeding our forces by defunding confirmed him. Once again, now we are A bill (S. 4) to make the United States what our commanders think they need to being asked to disapprove and de- more secure by implementing unfinished rec- win or rewording the authorization of the authorize the very mission we have ommendations of the 9/11 Commission to use of force so that lawyers decide what op- fight the war on terror more effectively, to unanimously confirmed him to exe- erations are to be launched is no way to improve homeland security, and for other cute. Hopefully, my colleagues can see fight a war. It is no way to end a war. It is purposes. the irony, as well as the inconsistency, a way to complicate the war and make it in- in the choice they are presenting be- herently unwinnable—and to shirk the polit- The Senate proceeded to consider the fore this body. ical responsibility for doing so. bill which had been reported from the As I have said before, we need to give There is nothing easy or pretty about Committee on Homeland Security and the new strategy in Iraq a chance to war, and this war is no exception. Not Governmental Affairs, with an amend- work. If General Petraeus comes and a day passes that I don’t consider the ment to strike all after the enacting says it is not working, then I am pre- human cost of our attempt to defeat clause and insert in lieu thereof the pared to change course. President the terrorists and eradicate extremism following: Bush’s current strategy is not guaran- in Iraq and replace it with a self-reli- S. 4 teed to work. However, no approach I ant and representative government. Be it enacted by the Senate and House of Rep- have seen or heard discussed in the The debate, as we move forward, resentatives of the United States of America in past several months has any greater should focus on how we can most Congress assembled, VerDate Aug 31 2005 01:25 Mar 01, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G28FE6.008 S28FEPT1 jcorcoran on PROD1PC62 with SENATE February 28, 2007 CONGRESSIONAL RECORD — SENATE S2293 øSECTION 1. SHORT TITLE. TITLE VI—ENHANCED DEFENSES AGAINST in accordance with this section to provide warn- øThis Act may be cited as the ‘‘Improving WEAPONS OF MASS DESTRUCTION ings regarding the risk of terrorist attacks on America’s Security by Implementing Unfin- Sec. 601. National Biosurveillance Integration the homeland to Federal, State, local, and tribal ished Recommendations of the 9/11 Commis- Center. government authorities and to the people of the sion Act of 2007’’. Sec. 602. Biosurveillance efforts. United States, as appropriate. The Secretary øSEC. 2. SENSE OF CONGRESS. Sec. 603. Interagency coordination to enhance shall exercise primary responsibility for pro- øIt is the sense of Congress that Congress defenses against nuclear and ra- viding such warnings.
Recommended publications
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION Vol. 153 WASHINGTON, MONDAY, MARCH 19, 2007 No. 47 Senate The Senate met at 2 p.m. and was appoint the Honorable MARK L. PRYOR, a After all, this was a President who called to order by the Honorable MARK Senator from the State of Arkansas, to per- won two elections by the barest of mar- L. PRYOR, a Senator from the State of form the duties of the Chair. gins, first by the Supreme Court. Yet Arkansas. ROBERT C. BYRD, after 9/11, instead of uniting the coun- President pro tempore. try, he has chosen to push the envelope PRAYER Mr. PRYOR thereupon assumed the of his authority. On everything from The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. the runup to the war in Iraq, to the fered the following prayer: f plan to destroy Social Security, to the Let us pray: RECOGNITION OF THE MAJORITY use of warrantless wiretapping, this ad- Lord, You have promised to work for LEADER ministration has governed without the good of those who love You. Work compromise. in the lives of our lawmakers, The ACTING PRESIDENT pro tem- The political purge of U.S. attorneys strengthening them for every problem, pore. The majority leader is recog- is only the latest example of this Presi- trial, and temptation they face. Open nized. dent’s unhealthy disregard for checks their eyes to see Your hand at work f and balances.
    [Show full text]
  • Depoliticizing the Interim Appointments of US Attorneys
    LIVE AND LEARN: DEPOLITICIZING THE INTERIM APPOINTMENTS OF U.S. ATTORNEYS t Laurie L. Levenson The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.' I. INTRODUCTION U.S. Attorneys play a special role in our federal criminal justice system. As the representatives of the federal government, they have the responsibility of enforcing federal laws in their respective districts.2 3 Although U.S. Attorneys serve "at the pleasure of the President," the4 goal is to have a fair and impartial prosecutor administering the laws. The recent firing of eight U.S. Attorneys has called into question at- tempts to politicize the role of this vital Office. By attempting to give the Attorney General the power to make indefinite interim appointments, I Professor of Law, William M. Rains Fellow & Director, Center for Ethical Advocacy, Loyola Law School. Thank you to John McKay, a man of true integrity, for inviting me to participate in the Symposium at Seattle University School of Law. His courage, as well as that of his fellow U.S. Attorneys, Paul Carlton, David Iglesias, Bill Cummins III, and Carol Lam, should serve as an inspi- ration for others dedicated to public service. I also wish to extend my gratitude to the editors of the Seattle University Law Review and to my wonderful research assistants, Emil Petrossian, Lindsay Meurs, William Smyth, and Mary Gordon.
    [Show full text]
  • Unofficial Transcript
    1 RPTS JOHNSON DCMN BURRELL COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, WASHINGTON, D.C. UNOFFICIAL TRANSCRIPT INTERVIEW OF: KARL C. ROVE Tuesday, July 7, 2009 Washington, D.C. The interview in the above matter was held at 2138 Conference Room, Rayburn House Office Building, commencing at 9:00 a.m. 2 Appearances: For COMMITTEE ON THE JUDICIARY: ADAM B. SCHIFF, MAJORITY MEMBER J. RANDY FORBES, MINORITY MEMBER ELLIOT MINCBERG, MAJORITY CHIEF COUNSEL - INVESTIGATIONS AND OVERSIGHT ERIC TAMARKIN, MAJORITY COUNSEL SAM BRODERICK-SOKOL, MAJORITY OVERSIGHT COUNSEL PHIL TAHTAKRAN, LEGISLATIVE DIRECTOR FOR CONGRESSMAN SCHIFF DANIEL M. FLORES, CHIEF MINORITY COUNSEL, SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW RICHARD ALAN HERTLING, REPUBLICAN DEPUTY CHIEF OF STAFF/POLICY DIRECTOR CRYSTAL ROBERTS JEZIERSKI, REPUBLICAN CHIEF OVERSIGHT COUNSEL ZACHARY N. SOMERS, MINORITY COUNSEL WILL HUPMAN, LEGISLATIVE ASSISTANT FOR CONGRESSMAN FORBES 3 For MR. ROVE: ROBERT D. LUSKIN, ESQ. KATIE BIBER, ESQ. Patton Boggs LLP Attorneys at Law 2550 M Street, NW Washington, D.C. 20037-1350 For FORMER PRESIDENT GEORGE W. BUSH IN HIS OFFICIAL CAPACITY: EMMET T. FLOOD, ESQ. Attorney at Law Williams & Connolly LLP 725 Twelfth Street, NW Washington, D.C. 20005 For WHITE HOUSE COUNSEL'S OFFICE: JASON GREEN, WHITE HOUSE COUNSEL CHRIS WEIDEMAN, WHITE HOUSE COUNSEL BLAKE ROBERTS, WHITE HOUSE COUNSEL For JUSTICE DEPARTMENT: 4 JOHN R. TYLER, CIVIL DIVISION 5 Mr. Schiff. We are here this morning for a transcribed interview of former White House official Karl Rove, pursuant to the March 4th, 2009 Agreement of Accommodation between the House Judiciary Committee and the former Bush administration. Mr. Rove, please state your full name and address for the record.
    [Show full text]
  • Prosecutor Fired So Ex-Rove Aide Could Get His Job ~Ttaclimenb:Cummins Letter Re Griffin.Pdf
    Page 1 of 2 Sampson, Kyle From: Sampson, Kyle Sent: Wednesday, February 07,2007 10:26 AM To: 'Sara Taylor' Subject: RE: USAT - Prosecutor fired so ex-Rove aide could get his job ~ttaclimenb:Cummins letter re Griffin.pdf I was thinking of a different approach, to wit: we are working to get Cummins to submit a letter (or op-ed) that says (1) everyone knew that I'd been looking since 2004 to leave the office for the private sector, (2) when I was contacted about moving on I agreed that it made sense, and (3) Tim Griffin is an outstanding U.S. Attorney who - did tremendous work in the office as an AUSA (see the Cummins letter to Griffin dated August 13,2002,see attached), who has more prosecution experience that I have now, and who should be supported for confirmation by Sen. Pryor and Sen. Lincoln. From: Sara Taylor [mailto:[email protected]] Sent: Wednesday, February 07,2007 10:09 AM To: Sampson, Kyle Subject: FW: USAT - Prosecutor fired so ex-Rove aide could get his job I normally don't like attacking our friends, but since Bud Cummins is talking to everyone - why don't we tell the deal on him? Frdm: White House News Update [mailto:[email protected]] Sent: Wednesday, February 07, 2007 6:38 AM To: Soper, Steven W. Subject: USAT - Prosecutor fired so ex-Rove aide could get his job Prosecutor fired so ex-Rove aide could get his job By Kevin Johnson, USA TODAY WASHINGTON - The Justice Department acknowledged Tuesday that it fired the U.S.
    [Show full text]
  • An Investigation Into the Removal of Nine U.S
    U.S. Department of Justice An Investigation into the Removal of Nine U.S. Attorneys in 2006 U.S. Department of Justice U.S. Department of Justice Office of the Inspector General Office of Professional Responsibility September 2008 TABLE OF CONTENTS CHAPTER ONE INTRODUCTION ................................................................ 1 I. Methodology of the Investigation ....................................................... 2 II. Organization of this Report ............................................................... 4 CHAPTER TWO BACKGROUND.................................................................. 7 I. U.S. Attorneys .................................................................................. 7 II. Selection of U.S. Attorneys................................................................ 8 III. Department Evaluation and Interaction with U.S. Attorneys ............. 9 IV. Backgrounds of Department Officials.............................................. 10 A. Alberto Gonzales ................................................................... 11 B. Kyle Sampson ....................................................................... 11 C. Monica Goodling ................................................................... 11 D. Paul McNulty ........................................................................ 12 E. Michael Elston ...................................................................... 12 F. David Margolis ...................................................................... 13 G. William Mercer .....................................................................
    [Show full text]
  • Sarnpson, Kyle
    Page 1 of I Sarnpson, Kyle From: Scott-Finan, Nancy Sent: Thursday, February 08,20071 :25 PM To: Sarnpson, Kyle; Goodling, Monica; Elston, Michael (ODAG); Moschella, William; Hertling, Richard; Seidel, Rebecca; Scolinos, Tasia Cc: Cabral, Catalina; Long, Linda E; Green, Saralene E Subject: FW:Letter to Gonzales 2.8.07 Attachments: Docurnent.pdf Senator Schurner's press secretary just ernailed me this SchurnerlReidlDurbinlMurrayletter with regard to CurnrninslGriffin. WASHINGTON, DC 20510 February 8,2007 The Honorable Alberto R. Gem-ales Attorney General of the United States U .S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 Dear Attorney Gend Gonzales: As you know, the Senate Judiciary Committee held a hearing this week to examine the growing politicization of the hiring and firing of United States Attorneys, our nation's top federal prosecutors. Unfortunately, the hearing only served to intensify, rather than assuage, our concerns, particdarly given the circumstances surrounding the ouster of Bud Curnnins, who was the U.S. Attorney in the Eastern District of Arkansas until lasf December. When you testified before the Committee on January 18,2007, .you slated uncquivacally that you'5wauld never, ever make a change in a U.5. ASorney position far political reasons." In a stuukqg admission, however, Deputy Agarney Gene- McNulty, in his own testimony on February 6', acknowledgedbt Mr. Cutnmins was pushed out for no mason other thqta install - without Senate conairmation - Tim (irifin, a former aide to Karl Rove;) At the time, Mr. Griffin had minimal fe?deral porntian experience, but was highly skilled in opposition research and paraisan attacks for the Republican National Committee.
    [Show full text]
  • Rethinking the Identity and Role of United States Attorneys
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Duke Law Scholarship Repository Rethinking the Identity and Role of United States Attorneys Sara Sun Beale* The reputation and credibility of the Department of Justice were badly tarnished during the Bush administration. This article focuses on concerns regarding the role of partisan politics.1 Critics charge that during the Bush administration improper partisan political considerations pervasively influenced a wide range of decisions including the selection of immigration judges, summer interns and line attorneys; the assignment of career attorneys to particular details; the evaluation of the performance of United States Attorneys; and the decision whether and when to file charges in cases with political ramifications. The Inspector General’s lengthy and highly critical reports have substantiated some of these charges.2 The first two Inspector General (IG) Reports found that the Department improperly used political criteria in hiring and assigning some immigration judges, interns, and career prosecutors.3 The third report * Charles L.B. Lowndes Professor, Duke Law School, Durham, N.C. I would like to acknowledge the outstanding research assistance provided by Michael Devlin, Meghan Ferguson, Amy Taylor, and Molly Brownfield, and the helpful comments of Norman Abrams, Albert Alschuler, Rachel Barkow, Anthony Barkow, Candace Carroll, Colm Connolly, Ronald Goldstock, Bruce Green, Lisa Kern Griffin, James Jacobs, Susan Klein, Daniel Richman, and Adam Safwat. Of course any errors are my own. 1 Other serious concerns about the Department have been raised, particularly in connection with its role in the war on terror. For example, the Department has been the subject of intense criticism for legal analysis that led to the authorization of brutal interrogation techniques for detainees.
    [Show full text]
  • Is the Department of Justice Politicizing the Hiring and Firing of U.S
    S. HRG. 110–61 PRESERVING PROSECUTORIAL INDEPENDENCE: IS THE DEPARTMENT OF JUSTICE POLITICIZING THE HIRING AND FIRING OF U.S. ATTORNEYS? HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION FEBRUARY 6, 2007 Serial No. J–110–10 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 35–798 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 14:41 Jun 19, 2007 Jkt 035798 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\35798.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ARLEN SPECTER, Pennsylvania JOSEPH R. BIDEN, JR., Delaware ORRIN G. HATCH, Utah HERB KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California JON KYL, Arizona RUSSELL D. FEINGOLD, Wisconsin JEFF SESSIONS, Alabama CHARLES E. SCHUMER, New York LINDSEY O. GRAHAM, South Carolina RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas BENJAMIN L. CARDIN, Maryland SAM BROWNBACK, Kansas SHELDON WHITEHOUSE, Rhode Island TOM COBURN, Oklahoma BRUCE A. COHEN, Chief Counsel and Staff Director MICHAEL O’NEILL, Republican Chief Counsel and Staff Director (II) VerDate 0ct 09 2002 14:41 Jun 19, 2007 Jkt 035798 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\35798.TXT SJUD1 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Feingold, Hon.
    [Show full text]
  • Hardball Vs. Beanball: Identifying Fundamentally Antidemocratic Tactics
    COLUMBIA LAW REVIEW ONLINE VOL. 119 APRIL 2, 2019 PAGES 85–122 HARDBALL VS. BEANBALL: IDENTIFYING FUNDAMENTALLY ANTIDEMOCRATIC TACTICS Jed Handelsman Shugerman * The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates an important phenomenon in American politics, but it obscures a crisis in American democracy. In baseball, hardball encompasses legitimate tactics: pitching inside to brush a batter back but not injure, hard slides, hard tags. Baseball fans celebrate hardball. Many of the constitutional hardball maneuvers previously identified by scholars have been legitimate, if aggressive, constitutional political moves. But the label “hardball” has been interpreted too broadly to include illegitimate, fundamentally undemocratic tactics. I suggest a different baseball metaphor for such tactics: beanball, pitches meant to injure and knock out the opposing player, against the basic rules of the game. In this Reply to Fishkin, Pozen, and Bernstein, I first address Bernstein’s examples of President Barack Obama and Democrats engaging in hardball. I note that Fishkin and Pozen’s “asymmetry” thesis acknowledged clearly that Democrats play hardball, even if not as aggressively as Republicans have. I discuss government shutdowns, birtherism, debt ceiling threats, abuses of the Department of Justice (DOJ), and the contrasting manipulations leading to the Iraq War versus the Iran nuclear deal. This Reply then identifies examples of Republicans’ fundamentally antidemocratic beanball: voter ID laws and other voting restrictions, extreme gerrymandering, marginalizing racial minorities, and abusing the DOJ. Beanball’s destructive politics reflect racial status anxiety, paranoia, and a panic over dispossession and the loss of historical privilege. * Professor of Law, Fordham University School of Law.
    [Show full text]
  • An Empirical Investigation of the US Attorney Firings in 2006
    School of Economic, Political and Policy Studies Haphazard, Systematic, or Both? An Empirical Investigation of the US Attorney Firings in 2006 UT Dallas Author(s): Banks Miller Rights: ©2018 by the Law and Courts Organized Section of the American Political Science Association. All rights reserved. Citation: Miller, Banks and Brett Curry, "Haphazard, Systematic, or Both? An Empirical Investigation of the US Attorney Firings in 2006," Journal of Law and Courts 6, no. 2 (Fall 2018): 379-403. This document is being made freely available by the Eugene McDermott Library of the University of Texas at Dallas with permission of the copyright owner. All rights are reserved under United States copyright law unless specified otherwise. Haphazard, Systematic, or Both? AN EMPIRICAL INVESTIGATION OF THE US ATTORNEY FIRINGS IN 2006 BANKS MILLER, University of Texas at Dallas BRETT CURRY, Georgia Southern University ABSTRACT In 2006, the Bush administration directed nine US attorneys to resign. This decision was a partial cause of the attorney general’s departure from the administration, and it prompted investigations and congressional hearings. Seen as largely ad hoc, we argue that theory predicts a more systematic decision-making process. We investigate this empirically and find, consistent with literature on principal-agent theories and bureau- cracy, that performance on easily monitored metrics and adverse-selection concerns predict the firings. We explore the implications of these findings for efforts to centralize decision-making in the Department of Justice and to exert political control over US attorneys. As the federal government’s principal litigators, US attorneys (USAs) occupy a central role in the justice system.
    [Show full text]
  • Train Wreck at the Justice Department: an Eyewitness Account
    Train Wreck at the Justice Department: An Eyewitness Account John McKay † In a series of early morning phone calls on December 7, 2006, seven United States Attorneys were ordered to resign. Despite initial denials, it would later be revealed that two other U.S. Attorneys had also been ordered to submit their resignations, bringing the total number to nine. Each was given no explanation for the dismissal and most were led to believe that they alone were being dismissed, raising the specter of unstated wrongdoing and encouraging silent departures. Those dis- missed uniformly cited the maxim that they “served at the pleasure of the President” and most sought to avoid publicly disputing the Justice De- partment or the White House. So what happened? Why were the nine dismissed? Were political considerations allowed to trump the proud heritage of non-partisan, inde- pendent prosecutions in a Justice Department widely trusted as the guardian of civil rights? Did the White House or senior Justice Depart- ment officials direct the removal of U.S. Attorneys for failing to satisfy local partisans or to retaliate for certain public corruption prosecutions? Have officials lied to cover up wrongdoing and to avoid criminal prose- cution? Can the damage to the Justice Department be undone, restoring the role of federal prosecutors as disdainful of politics and devoted to accountability, fairness, and the firm execution of the nation’s laws? These questions were the subject of a public forum on May 9, 2007, sponsored by Seattle University School of Law, and serve in part as the basis for this Article by one of the participants of the forum (and a fired U.S.
    [Show full text]
  • Congressional Record—Senate S7419
    June 11, 2007 CONGRESSIONAL RECORD — SENATE S7419 the removal of eight U.S. attorneys sons for their dismissal. Here we have The reasons given for their firings have not last year. Attorney General Gonzales them. been consistent with my experience. has claimed that he had no involve- David Iglesias, New Mexico—there And that: ment in the firing of the U.S. attor- was a probe of Democrats not com- I had very positive encounters with these neys. In fact, this is his statement. He pleted quickly enough. We had promi- folks. said: nent Republicans complaining that he Comey was effusive in his praise of several of the fired prosecutors. I was not involved in seeing any memos, had not reached conclusion on a probe was not involved in any discussions about of Democrats quickly enough. Comey was the Deputy Attorney what was going on. That’s basically what I Carol Lamm, in California—she se- General, and he described Paul knew as the Attorney General. cured the conviction of a Republican Charlton of Arizona as ‘‘ one of the That is really a stunning claim. His Congressman, also had indicted the No. best.’’ He said he had a very positive own Chief of Staff, Kyle Sampson, ad- 3 official at the CIA, and was inves- view of David Iglesias of New Mexico, mitted the Attorney General misled tigating a Republican Congressman. and called Daniel Ogden of Las Vegas the country. He is not alone. Kyle Daniel Ogden, Nevada—investigated ‘‘straight as a Nevada highway and a Sampson, former Chief of Staff to the a Republican Governor and former Re- fired-up guy.’’ Attorney General, said: publican Congressman.
    [Show full text]