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CREW Asks AG Gonzales for Special Prosecutor to Probe US Attorney Firings    [

    Gonzales Again Called Upon to Resign
    By Richard B. Schmitt
    The Los Angeles Times

    Tuesday 13 March 2007

    Washington - A top Senate Democrat today called for the resignation of Atty. Gen. Alberto R. Gonzales, charging that he had deceived Congress in the widening scandal over the Justice Department's politically charged firing of U.S. attorneys.

    One day after D. Kyle Sampson, Gonzales' chief of staff, resigned, Sen. Charles Schumer (D-N.Y.) said the resignation "does not take the heat off the attorney general. In fact, it raises the temperature."

    Calling on Gonzales to resign, Schumer called on White House political guru Karl Rove and former White House Counsel Harriett E. Miers to testify before House and Senate Judiciary Committee hearings without waiting for a subpoena.

    "U.S. attorneys have always been above politics, and this administration has blatantly manipulated the U.S. attorney system to serve its political needs," he said. "The president must clarify his role.... There's a cloud over the White House."

    And Sen. Dianne Feinstein (D-Calif.), who spearheaded the investigation after she got a call from a whistle blower suggesting that the firings were political, said she is "incensed" that Gonzales called her after his initial testimony to say that he did not really have his facts straight.

    House Judiciary Committee Chairman John Conyers (D-Mich.) released documents today with internal Justice Department communications about the firing of the U.S. attorneys.

    Rep. Linda Sanchez (D-Cerritos), who chairs a key Judiciary subcommittee, said she hoped administration officials would voluntarily come forward to "help us get to the bottom of an emerging scandal ... to get to the truth of who made the decision of whether to fire these U.S. attorneys and why they did it."

    Sampson, a top lawyer under Gonzales and his predecessor, John Ashcroft, had been identified by congressional Democrats as one of a handful of senior officials whom they wanted to question as part of the deepening investigation into who ordered seven federal prosecutors relieved of their duties in December and why.

    The Justice Department is expected to provide further details of its handling of the matter in briefings to congressional leaders this morning, said the sources, who declined to be identified because they were not authorized to speak and because it was a personnel matter. Gonzales canceled a trip today to New York and Massachusetts as the White House sought to contain the controversy.

    The White House confirmed Monday night that in early 2005, Miers, then the White House counsel, raised the idea that all 93 U.S. attorneys be replaced at the start of the second Bush term.

    White House spokeswoman Dana Perino said the conversation was revealed as the Justice Department was preparing Sampson to testify before Congress about the replacement of the U.S. attorneys last year. The Washington Post reported that Sampson resigned because he had failed to tell other Justice Department officials about the extent of his contacts with the White House.

    Perino declined to comment on the personnel matter. Sampson could not be reached, and Justice Department spokeswoman Tasia Scolinos declined to confirm or deny that Sampson was leaving.

    The idea of replacing all of the U.S. attorneys "didn't last long," Perino said, adding that Rove had "a vague recollection of hearing about this suggestion" to replace the 93 prosecutors and told Miers that he thought it would be unwise.

    The spokeswoman also said that Sampson told Miers that the move would be disruptive to Justice Department operations and unfair in some cases, because not all the U.S. attorneys had served full four-year terms.

    "Kyle and the White House counsel's office [had] discussions over the next 20-plus months as [the Justice Department] considered whether there were underperforming U.S. attorneys" that needed to be replaced, Perino said in an e-mail to The Times. Eventually, she said, the Justice Department sent the final, narrower list and plan to the White House in late 2006, and the White House did not object.

    "At no time did anyone at the White House add or subtract to [the Justice Department's] internally generated list," Perino said.

    The Post reported that Bush had spoken with Gonzales about complaints that prosecutors were not pursuing voter-fraud investigations aggressively enough. Perino said that although Bush and White House staff members had received such complaints, "no one, including the president, asked [the Justice Department] to take any specific action against any U.S. attorney."

    "We maintain that it is entirely appropriate and within the administration's discretion to replace political appointees," she said.

    The account suggests a much closer connection between the White House and the Justice Department over the firing decisions than department officials had suggested to members of Congress in recent hearings.

    The administration has previously acknowledged that the White House counsel's office had approved replacing an eighth prosecutor, a U.S. attorney in Arkansas, with a prot g of Rove's.

    It is also likely to raise further issues among lawmakers and others about management problems at the department. Sources said that could lead to greater pressure on other officials at the Justice Department to resign.

    Justice Department officials downplayed the firings when they were first reported, attempting to describe them as routine. Deputy Atty. Gen. Paul J. McNulty told a congressional panel that they were performance-related.

    But that sparked a round of protests from the targeted attorneys, all Republican appointees. Some of them subsequently testified in congressional hearings that they thought they were let go for political reasons, including failing to pursue cases of public corruption against Democrats.

    Gonzales has attempted to downplay the dismissals, declaring in a newspaper op-ed column last week that they were "an overblown personnel matter."

    That attitude has further angered Justice Department critics. On Sunday, Schumer, the third-ranking Democrat in the Senate, called for Gonzales to step down, citing a pattern of mismanagement and "disrespect for the rule of law."

    "There's an emerging pattern that is extremely disturbing, and every day the sanctity of U.S. attorneys as neutral enforcers of law without fear or favor is diminished," Schumer said Monday. "We will get to the bottom of this."

    Gonzales is perhaps Bush's most trusted Cabinet member, having served as White House counsel before being named attorney general. When Bush was governor of Texas, Gonzales was his legal advisor. Bush later appointed him to the Texas Supreme Court.

    Democrats expressed surprise at the latest developments.

    "This latest information appears to be inconsistent with the department's testimony to the House Judiciary Committee last week, which indicated that the White House was not involved in the firings, other than to approve a final list. It now appears that the White House was the instigating force," Conyers said Monday night.

    "Clearly, this new disclosure raises more questions than it answers, and makes clear the need for further investigation and interviews of both department and White House staff," he said. "We need to know what happened here."

    Sampson, a former counsel to Sen. Orrin G. Hatch (R-Utah) on the Senate Judiciary Committee, worked as deputy White House counsel for two years under Gonzales starting in 2001.

    He joined the Justice Department in 2003 as a counselor to Ashcroft, and stayed on when Gonzales became attorney general. He became chief of staff in September 2005.

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    CREW Asks AG Gonzales for Special Prosecutor to Probe US Attorney Firings
    PR Newswire

    Tuesday 13 March 2007

Also requests DOJ Inspector General and OPR investigations.

    Washington - Citizens for Responsibility and Ethics in Washington (CREW) today sent a letter to Attorney General Alberto Gonzales asking for the immediate appointment of a special prosecutor to investigate potential criminal violations related to the recent dismissals of eight U.S. Attorneys. CREW also asked the Department of Justice's Inspector General and Office of Professional Responsibility to investigate the situation.

    In the past few months, Department of Justice (DOJ) officials have testified before Congress that the U.S. Attorneys were asked to resign for performance-related reasons, that the White House was minimally involved in the firings and that the department was in no way attempting to evade the confirmation process for new U.S. Attorneys.

    Documents provided by the DOJ to Congress suggest that at least one high-ranking official, D. Kyle Sampson, knew that the statements made to Congress were untrue. If, as it appears, a Department of Justice official allowed other officials to provide inaccurate information to Congress, federal crimes may have been committed. Because DOJ obviously cannot investigate and prosecute the misconduct of its own officials, CREW has called on the attorney general to appoint a special prosecutor to handle this matter.

    It is clear that at least two officials, former White House Legal Counsel Harriet Miers and Sampson, schemed to fire prosecutors for political reasons. According to press reports, Sampson has acknowledged that he did not tell DOJ officials about the extent of his communications with the White House regarding the firings. Justice officials who testified before Congress, including the attorney general, Deputy Attorney General Paul McNulty and Principal Associate Attorney General William Moschella, all told Congress that the White House, though consulted, was not deeply involved in the firing decisions.

    Federal law provides that if Sampson knew that he was causing DOJ officials to make inaccurate statements to Congress, he can be prosecuted for the federal crime of lying to Congress even though he did not personally make any statements to Congress. The special prosecutor should investigate not only Mr. Sampson's conduct but whether anyone else was involved in formulating the incomplete and erroneous congressional testimony or whether the officials who testified were aware that they were providing imperfect information to Congress.

    CREW Executive Director Melanie Sloan said, "Given the murky nature of this situation and the unresolved questions of what top level Justice officials knew, when they knew it and whether they deliberately withheld information from Congress, Attorney General Gonzales should immediately appoint a special prosecutor." Sloan continued, "Both Congress and the American people deserve a full accounting of the truth behind the firings of the U.S. Attorneys. If the attorney general doesn't want to see the truth come out, perhaps the Inspector General will."

    CREW's letters to Attorney General Gonzales, DOJ Inspector General Glenn Fine and Office of Professional Responsibility Counsel H. Marshall Jarrett and related documents are available on CREW's website.