Dangerous New Turn in Justice Department Investigation

Last week brought a dangerous new turn to the on-going United States Attorney and Justice Department disaster. Based on the evidence, career, non-partisan investigators recommended the appointing of a special prosecutor to determine whether criminal laws were violated in my ouster and that of my colleagues. No longer just a civil matter to blithely ignore, this ominous development could result in current and high level officials being indicted for crimes. I suspect the special counsel will "follow the emails" in the way that "follow the money" brought down Nixon's men during Watergate.

The Justice Department's independent watchdog offices, the Inspector General and Office of Professional Responsibility, finished the definitive investigation about the firings, stating that U.S. Attorneys may not be removed for an "illegal or improper reason." I was not disappointed or surprised by the findings contained in its blistering report which I cooperated with fully. Every reason given for my ouster was examined and rejected as "disingenuous after-the-fact rationalizations" by former Justice Department personnel, thus sounding the death knell to my alleged "performance-related" problems. More importantly, the firings of my colleagues and me "severely damaged the credibility of the Department and raised doubts about the integrity of Department prosecutive decisions" according to the investigation. Several Republican officials took key roles damaging America's premier crime fighting organization.

The 392-page report described a "fundamentally flawed" process of termination, one in which politics were allowed to overrule the historic independence of U.S. Attorneys. Pat Rogers, the New Mexico Republican committeeman, despite his incessant drone of criticism, curiously refused to cooperate with the Justice Department investigators, as did Senator Pete Domenici, his chief of staff Steve Bell, former White House Advisor Karl Rove, former White House Counsel Harriet Miers, and former DoJ official Monica Goodling. The Attorney General, Michael Mukasey called it straight, the removals were "haphazard, arbitrary and unprofessional". He further stated the reputations of the terminated US Attorneys were "unfairly tainted by the removals and their aftermath."

The local New Mexico GOP power brokers, on the other hand, did not care about the evidence, all they cared about was partisan wins, by any and all means. Rogers, former Republican Committeeman Mickey Barnett and New Mexico Republican Chairman Allen Weh among others,will never get it. Once in office, United States Attorneys, like federal judges, are required to stay out of politics. We were not like other political appointees since we are the only presidential appointees that have the power to take away a citizen's life, liberty, property and reputation. This is an awesome responsibility and must be administered fairly and without consideration of partisan gain.

Independence is not just a town in Missouri, it is the lifeblood of a prosecutor who must base his or her decisions solely on the law and evidence. Yet, Rogers, Weh, and Barnett with zero experience as prosecutors thought they knew best. Based on rumor and innuendo, they and others tried to improperly influence me to file cases that were non-provable or not ready to indict. This type of reprehensible practice may be acceptable in corrupt third world countries but it has no place in the United States where we venerate the rule of law and the Constitution.

The DoJ investigation was unsparing in its harsh criticism of our removals. The report summarized the issue succinctly, "If a U.S. Attorney must maintain the confidence of home-state political officials to avoid removal, regardless of the merits of the U.S. Attorney's prosecutorial decisions, respect for the Department of Justice's independence and integrity will be severely damaged and every U.S. Attorneys' prosecutorial decisions will be suspect. The longstanding tradition of integrity and independent judgments by Department prosecutors will be undermined, and confidence that the Department of Justice decides who to prosecute based solely on the evidence and the law, without regard to political factors, will disappear." This is the touchstone of our criminal justice system, without which we are slouching towards institutional corruption.

I pledge my full cooperation with Special Counsel Nora Dannehey, a career federal prosecutor. One thing is for certain; I will not second guess, criticize or attempt to improperly influence her in the way that Republican officials attempted to do to me. I've learned many lessons these past eighteen months -- prosecutorial independence is not a talking point and seeking justice can never be viewed as a political "wedge" issue.

David C. Iglesias was the United States Attorney for the District of New Mexico between 2001 and 2007. His is the author of the book, "In Justice: Inside the Scandal that Rocked the Bush Administration."

Comments

[Dap]

Dear Mr. Iglesias,

I'm so sorry knowing what you have gone through, it has never set right with me. It was a sad day for our Constitutional Republic and our People when a person of your integrity and standing was ousted.
Thank you Sir for serving our Nation, I hope after all is said and done that you will continue to serve in some manner, we need more people like you, not less. Best wishes to you. Agape. (Love in fellowship of our shared fragile Humanity)

[JacquesStraw]

Couldn't agree more...

[jeffrey678]

This could be a trap. A special prosecutor in place to constantly investigate a president Obama ! Is Nora Dannehey non-partisan like Ken Starr?

[CFAmick]

Mr. Iglesias, you seem like a stand up guy with respect for law. Keep fighting the good fight long after this is all over.

[wiltmellow]

Bravo Mr. Iglesias!

No one in your party spoke out about the way Starr treated Clinton or the imprisonment of Susan McDougal for refusing to cooperate. Few criticized Bush's signing statements, his refusal to obey laws, his suspension of habeas corpus, torture, spying, etc.

I'm glad someone on the Republican side finally spoke out.

You're a credit to your Party sir!

[cactusgal]

This individual is a true patriot and a champion of justice. When Barack Obama is President of the United States, we will welcome Mr. Iglesias as a member of the LOYAL opposition, a designation most of us Democrats have been denied under the Bush-Cheney regime .

[kathye]

This whole affair along with the wiretapping has really scared me. I hope the American public wakes up before it is too late.

[abmabardy]

It is abhorrent how the Bush/Cheney neocon regime has annointed itself "above the law". This arrogant we-answer-to-no-one perspective coupled with an unabashed belief that the executive branch trumps both Congress and the Judiciary makes these thugs extraordinarily dangerous and destructive to what's left of our democracy. Thank you, Mr. Iglesias, for loving America enough to stand gainst these selfish, greedy, arrogant, unAmerican criminals.

I am a former Republican, now a proud supporter of Barack Obama and the party that still believes in the Constitution and truly supports the middle class which is the heart and soul of this country.

[fishgirl26]

Mr. Iglesias, I too have watched you on TV and have always been impressed that you are never really "outraged" as to what has happened to you. You explain it in a polite, matter of fact way that sets you apart. Having been a resident of New Mexico I was always amazed at how party politics played there but I really never imagined that it would go to a national level. I do have a question for you....if you issued a subpeona for someone wouldn't you have them arrested for ignoring it???? Why is it that Rove, Meiers and the rest of the gang think that this will never catch them??? I certainly hope Mr. Rove enjoys his job on Fox because when he's in the slammer maybe he can anchor the prison news....in Manny's prison in Santa Rosa????

[wizardofoz]

DAVID your book says it all sir,I do hope everything that was done to you and your colleages,brings
some indictments,you are a true PATRIOT.BTW I did buy your book.

[PhantomAviator]

..

Republicans are a threat to the continued Democracy of America.

.

[wiltmellow]

Apparently my first post wasn't approved. I don't know why. I'll ask the same question again.

I realize this attempt may fare no better, but maybe they have different people making judgments.

Simply, why do you protest now Mr. Iglesias?

Without going into details (I offered a few previously), the Republican party has been using their institutional power since before Nixon to achieve political advantage. As I understood it, Nixon resigned because of his attempts to abuse power. The request by the WH (apparently) to use your office to further their political goals is no different now than ... before. (I have many examples)

I assume you were originally appointed because of your Party connections. When they act in character, why do you protest?

[thatgirlinnewyork]

thank you for your service to our country, sir. we citizens see no end the shame brought upon our government by the bush administration, and i honestly think that we've become inured to the worsening news each day. i sincerely hope that you are reinstated and vindicated by the continuing investigation, but considering what a mess they're making in the alaska senatorial trial, the current DOJ (or any of its limbs) gives me little confidence. impeachment, anyone?

[joebaggadonuts]

Without respect for the law we have nothing. Thank you for working to restore that respect in this great nation. Those who found it expedient to gut our justice department of men and women of independent judgment deserve to bear the pain of criminal prosecution if only to restore our faith in the law. God forgive us for allowing this to happen.

[koromuso]

Please explain what the "dangerous new turn" is. As I read this article, all signs are hopeful that justice will be done.

"Dangerous" to whom? The malefactors?

If so, good.

[unite4change]

We as Americans must demand that our elected officials are held accountable for the unlawful acts they comit.

[The5thW]

Get his guy some ex-Seal security and make him the AG. Every branch that Bush Cheney have purged--DOD, FBI, CIA, Interior, Supreme Court, SEC, FCC, etc. is replete with highly qualified purged patriots like Mr. Inglesias who can come in and root out the cronies. Until that happens, no federal investigation or prosecution (viz. Eliot Spitzer, Seligman) can be viewed as anything but an RNC covert op. The media need to stop reporting as if these prosecutions are actions of a legitimate authority.