Justice in the land of Bush

SOURCE: progress@americanprogressaction.org

One of the most "important tenets" of a U.S. attorney's office is to never "mix politics with prosecutions." But it appears that the Justice Department has done just that, recently firing eight well-respected U.S. attorneys and replacing them with partisan Bush administration loyalists. Many of these ousted prosecutors were working on high-profile corruption cases and received high marks on their job evaluations by the Justice Department. All appear to be "victims of strong-arm political pressure from Washington," pushed out to make room for political cronies. At each turn, Justice Department officials have made up different excuses for the firings, from insisting that the prosecutors stepped down on their own to claiming that they were fired for "performance-related" reasons. None of these charges have stood up. A little-noticed provision in the Patriot Act allows these "interim" Bush appointees to serve indefinitely, without Senate approval. Conservative senators are now blocking a repeal of this measure. "I think Americans need to have full confidence that their federal prosecutors are above politics," said one of the ousted prosecutors, David Iglesias, highlighting why it is necessary for all of these Bush appointees to be held up to public scrutiny.

CLAIM #1 -- THEY WERE BAD AT THEIR JOBS: On Feb. 6, Deputy Attorney General Paul McNulty testified to the Senate Judiciary Committee that six U.S. attorneys were fired in Dec. 2006 for "performance-related" reasons. But in reality, these prosecutors were highly respected in their fields and received praise in job evaluations from the Justice Department shortly before they were told to resign. Similarly, at least four of the fired prosecutors said that Michael Battle, head of the Executive Office of U.S. Attorneys, never cited performance issues -- or gave any reason at all -- as the reason for their forced resignations. John McKay, the former U.S. attorney in Washington, recounted his conversation with Battle: "When I was composed enough to ask him why I was being fired, he told me he couldn't answer any of my questions. ... He said nothing about performance issues or management or anything else." In fact, five of these prosecutors had positive job reviews. Just months before firing him, Battle sent McKay a "congratulatory letter for the laudatory report issued by the Justice Department audit team." Daniel Bogden, the former U.S. attorney in Nevada, "was described in his last job performance evaluation in 2003 as being a 'capable' leader who was highly regarded by the federal judiciary and investigators." Former