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Fri 2 Mar, 2007 10:46 am
Posted on Thu, Mar. 01, 2007
Sources: GOP lawmakers tried to influence federal investigation
By Marisa Taylor
McClatchy Newspapers
WASHINGTON - Sen. Pete Domenici and Rep. Heather Wilson of New Mexico pressured the U.S. attorney in their state to speed up indictments in a federal corruption investigation that involved at least one former Democratic state senator, according to two people familiar with the contacts.
The alleged involvement of the two Republican lawmakers raises questions about possible violations of House of Representatives and Senate ethics rules and could taint the criminal investigation into the award of an $82 million courthouse contract.
The two people with knowledge of the incident said Domenici and Wilson intervened in mid-October, when Wilson was in a competitive re-election campaign that she won by 875 votes out of nearly 211,000 cast.
David Iglesias, who stepped down as U.S. attorney in New Mexico on Wednesday, told McClatchy Newspapers that he believed the Bush administration fired him Dec. 7 because he resisted the pressure to rush an indictment.
According to the two individuals, Domenici and Wilson called to press Iglesias for details of the case.
Wilson was curt after Iglesias was "non-responsive" to her questions about whether an indictment would be unsealed, said the two individuals, who asked not to be identified because they feared possible political repercussions. Rumors had spread throughout the New Mexico legal community that an indictment of at least one Democrat was sealed.
Domenici, who wasn't up for re-election, called about a week and a half later and was more persistent than Wilson, the people said. When Iglesias said an indictment wouldn't be handed down until at least December, the line went dead.
So far no one has been charged.
Press aides for Domenici and Wilson wouldn't comment. Justice Department officials have denied hearing of any such interference and said they didn't fire Iglesias over it.
Iglesias said in an earlier interview that he regretted not reporting the contact to his superiors, and he said he didn't have evidence that it led to his firing.
Some Democrats are questioning whether the two lawmakers could be accused of ethics violations for inappropriate contact with an executive branch official.
Stanley Brand, a former federal prosecutor and former Democratic counsel to the House, said such interference could be a violation.
"There's a general ethical principle that members should not unduly interfere in adjudicative proceedings in front of courts or agencies," he said. "This happens to be a criminal prosecution. There would seem to be a special concern about reaching out to a U.S. attorney and asking about a pending case.
"The House and Senate have not taken much notice of these things," he said. "But they don't usually rise to this level."
The allegations also could give defense attorneys in the corruption case in New Mexico legal ammunition to attack an indictment, Brand said.
"Even if he (Iglesias) didn't submit himself to the pressure, if I'm a defense attorney, I'm going to scream bloody murder and say it looks like he did," he said.
The allegations have fueled a weeks-long controversy over whether the Bush administration forced out eight Republican-appointed U.S. attorneys because of partisan politics.
Justice Department officials have said that most of the firings were for "performance-related" issues and denied partisan political motives.
On Thursday, House Judiciary Committee Chairman John Conyers, D-Mich., issued subpoenas to require Iglesias and three other ousted U.S. attorneys to testify before Congress.
The judiciary subcommittee on administrative law authorized the subpoenas by a 7-0 vote. The five Republican members of the subcommittee didn't show up for the vote.
The subpoenas require Iglesias, and former U.S. attorneys Carol Lam of San Diego, H.E. "Bud" Cummins of Little Rock, Ark., and John McKay of Seattle to appear before the subcommittee next week.
"The former U.S. attorneys are alleging very serious charges against the administration and we need to hear from them," Conyers said.
The Senate Judiciary Committee is sending letters to the same four asking them to testify voluntarily on Tuesday.
In the last several weeks, other U.S. attorneys have spoken out against the administration to dispute that they were fired because of how they handled their jobs.
The administration has said that politics played a part only in the firing of Cummins. Officials said he was removed to make way for Tim Griffin, a former aide to White House political operative Karl Rove.
More officials to be subpoenaed in U.S. attorneys investigat
Posted on Wed, Mar. 07, 2007
More officials likely to be subpoenaed in U.S. attorneys investigation
By Margaret Talev and Marisa Taylor
McClatchy Newspapers
WASHINGTON - The Senate Judiciary Committee is preparing to subpoena at least five high-ranking Department of Justice officials to testify about the mass firings of U.S. attorneys.
Among those who could be compelled to testify is Michael Elston, the official who's accused of trying to intimidate the ousted prosecutors to silence them.
Judiciary Chairman Patrick Leahy, D-Vt., will ask committee members Thursday to authorize the subpoenas of Kyle Sampson, the Justice Department's chief of staff; Elston, chief of staff to Deputy Attorney General Paul McNulty; acting Assistant Attorney General William Mercer; spokeswoman Monica Goodling; and Michael Battle, who's announced that he's leaving his post as director of the Executive Office of U.S. Attorneys. Battle notified the prosecutors of their firings.
Additional hearings could fuel weeks of controversy over whether the Bush administration removed eight U.S. attorneys for political, rather than performance, reasons.
Senate and House of Representatives aides said no decisions have been made about whether to call Attorney General Alberto Gonzales or high-ranking White House legal and political advisers to testify.
Those expected to receive subpoenas were named by six ousted prosecutors this week before Senate and House committee hearings into how the attorneys learned they were being forced out last December.
The vote to authorize the subpoenas could be held immediately or delayed a week, but a majority of the committee is expected to approve them. A spokeswoman said Leahy would prefer to have the Justice Department officials testify voluntarily but he wants the subpoenas in place as a backup option. The officials could be called to testify as early as mid-March.
Sen. Charles E. Schumer, D-N.Y., the Democrats' point man on the investigation, said in a statement that "it's clear there was a concerted effort to purge an impressive crop of U.S. attorneys" and that "the next step is to identify and question those responsible for hatching this scheme to use U.S. attorneys as pawns in a political chess game."
A Justice Department spokesman questioned the need for additional hearings and said the department is providing Congress with "very forthcoming facts and information."
Spokesman Brian Roehrkasse said the move demonstrated that some lawmakers "are no longer interested in those facts, but would rather play politics."
Many Republicans have defended the removals and said that U.S. attorneys can be removed for any reason.
But the prosecutors in question earned strong performance reviews. Two told lawmakers this week that when they pressed for reasons for their firings, they were told that they were being removed to allow other prosecutors favored by the administration to build their resumes.
Others testified that they were involved in corruption investigations of Republicans or were under pressure to charge Democrats in corruption cases prior to pivotal elections. Former New Mexico U.S. attorney David Iglesias testified that he was contacted by Sen. Pete Domenici, R-N.M., and Rep. Heather Wilson, R-N.M., and felt pressured inappropriately.
Domenici's office on Wednesday confirmed a Washington Post report that the senator has hired prominent criminal lawyer Lee Blalack to represent him.
Blalack has represented former Republican Senate Majority Leader William Frist in connection with an investigation into his sale of stock. He also represented former Rep. Randy "Duke" Cunningham, D-Calif., in connection with a House Ethics Committee investigation of the passage of Medicare legislation. In 2005, Cunningham pleaded guilty to accepting more than $2 million in bribes from defense contractors.
The Senate's ethics panel has indicated that it's conducting a preliminary review of the matter, and House Majority Leader Steny Hoyer, D-Md., has encouraged the House's ethics panel to do the same.
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