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

[ProFromOre]

My hat is off to you for having the courage to step forward and demand justice for yourself and your colleagues. Hopefully, in due time, justice WILL be served.

Unfortunately for others, you and your colleagues' firings were a smoke screen that kept us involved looking at the injustice done to you while the Bush crime family struck elsewhere.

Their misdeeds are beginning to come to light:

CNN report on political prosecutions by DoJ
http://politicalticker.blogs.cnn.com/2007/10/23/thornburgh-justice-department-engaged-in-political-persecution/

Specific cases
Governor Don Siegelman http://donsiegelman.org/

Vietnam Veteran Keith Roberts, Airman US Navy (ret)
http://www.uppitywis.org/us-atty-biskupic-and-va-defied-us-law-to-convict-wisconsin-veter

Wisconsin state worker Georgia Thompson
http://www.uppitywis.org/tags/georgia-thompson

Dr. Cyril Wecht
http://www.salon.com/politics/war_room/2008/04/11/wecht/

Attroeny Geoffrey Fieger
http://pacificfreepress.com/content/view/2210/81/

There's also another case regarding an Alabama attorney whose name I cannot remember - he was essentially convicted for making a political contribution. These persecutions by the DoJ have been targeted at big contributors to the Dems, political operatives whose work will be missed, and in the case of Georgia Thompson, her bogus conviction was used to accuse the Wisconsin governor of corruption by his challenger.

Become familiar with these and other cases and MAKE sure you Senator and Congressperson knows where you stand on political persecution. WE have to demand accountability.

[LanguagePolice]

I hope President Obama appoints you as his Attorney General.

[V4Vigilance]

Or, at the very least, reappoint him as a U.S. Attorney. He's clearly a man of character and integrity.

[Unsui]

Hang tough, sir. This is the work of true patriots. I know it must be tough, but it is also a great honor to be one of the heroes trying to put things right again in America. Stay strong and know that many of us are rooting for you.

[wallygator]

Do you think that the corruption of the DOJ is,in any way, responsible for the current mishandling of the prosecution of Senator Stevens?

[oldtree]

Thank you Mr. Iglesias. I have not been kind to you before because I had the impression you waited very long to blow the whistle. I look forward to your work on bringing all of this to light, and to court.

[Spesabsquemetu]

Tickle Down Unlawful Conduct – Part II

John McCain wants to shun the human dimensions of charity and compassion that would suggest we truly are our brother's keeper, and which summon us to care for the sick, the uninsured, and hold accountable the criminals who violate the public's trust, and corrupt the system of checks and balance with their arrogant conduct that seeks a refusal to cooperate with lawful investigations into allegations of CORRUPTION.

John McCain doesn't know a thing about what AMERICA NEEDS, because John McCain is wrapped up in what he wants along with a set of principles and values that support Ms. Palin's obstructions into her investigation, and that protected McCain from accountability in HIS ROLE in the Keating 5 scandal, and the betrayal of the American people's trust.

Let McCain rectify the 20,000 people whose lives were financially devastated from the role he played in the Keating 5.
Let McCain rectify the BILLIONS lost by American tax payers resulting from the protective role McCain played in allowing Keating to commit fraud on the American people, while McCain protected his family's investments with Keating.

THEN, we can talk about TRUST and HONOR with John McCain.
Then we can talk about what America can EXPECT from its leaders.

This election is about seizing our claim to a democracy that models ethics, integrity, honor, truthfulness and trustworthy conduct in his leadership - FROM THE TOP DOWN.

[Spesabsquemetu]

Trickle Down Unlawful Conduct – Part I

Where have we seen the modeling of refusal to cooperate, refusal to cooperate, refusal to comply with investigators, the refusal to cooperate by offering testimony, the obstructive conduct, the LIES, the dishonesty, the betrayal of the people's trust - ...where have we seen this BEFORE?

What is modeled from the TOP - DOWN, is what is EMULATED in society by those lacking in scruples who hold the same values as the corrupt individuals who perceive themselves to be ABOVE the LAWS that protect society and uphold democracy.

And thus we have: the Keating 5, the Enron scandal, the Sterling Bank scandal, the Bear Stearn scandal, the Fanny-Freddy scandal, the AIG scandal and the hedonistic aftermath, and all the other violations of the PUBLIC'S TRUST that trickle down, with the depraved conduct that has led Americans to no longer trust their elected officials.

John McCain wants to talk about false allegations of socialism, while failing to acknowledge that the kind of practices he protected were a disservice to the honorable businesses across this nation practicing capitalism, that didn't require businesses and senators to sell their ethics and integrity in exchange for dishonorable practices, unethical conduct, fraud, and scandal to profit off the backs of honorable, hard working tax payers across America.

[fairandjust]

Thank you Mr. Iglesias - and please keep speaking out on this subject. There is NOTHING more important in the US than that Justice be equally and fairly applied. And that has been ruined by Bush and cronyism - like I have never seen before in my lifetime.

I still think we have a long way to go before I feel any real confidence in the Justice system - I feel very strongly that we MUST find a way to REMOVE those lawyers in the DOJ that were less qualified but hired because they were "loyal bushies" or because of their religious and ideology beliefs. I cannot believe that an attorney working successfully on terrorism cases - was not promoted - because his wife might be a member of the democratic party. Since when don't we want the best working on terrorism cases????

We also must find a way to REMOVE Judges who have used their courts for political gain - like Judge Fuller in AL - involved in the case against former Gov. Don Siegelman. Judge Fuller had a long relationship with Karl Rove and should have been removed from this case - because of EXTREME REPUBLICAN BIAS. He grossly mishandled that case - a really poor example to most judges who try to follow the law and act fairly.

We still have alot to do to UNDO all of the gross misjustice of the last 8 years!

[Ironquill]

As far as perverse justice is considered, I've always been suspicious about the prosecution of the two border guards by a Bush crony in Tx. Does anyone feel that another shoe will drop on this. Christmas Eve, the two border guards get pardoned, along with who else........., someone not held in very high regard by the public.

[eggman]

David, you have demonstrated integrity and equanimity of heroic proportions throughout this ordeal. Thank God there are still people like you in government who put their principles before career advancement.


It's well established that top officials within the Bush Administration sought to politicize every part of the government. Scientists who found evidence of global warming were muffled; people like Richard Clarke and Joe Wilson were publicly discredited for doing their jobs without partisan prejudice. Rove and his team improperly delivered Power Point presentations on ways to support the Republican party to dozens of Executive Branch agencies. People like Goodling and Michael Brown--and dozens of iraq War administra­tors--were promoted far beyond their abilities and experience because they were deemend to be loyal to Bush's warped ideals. Even the Supreme Court decision that gave Bush the Presidency in defiance of constitutional law has the appearance of partisanship.

The emphasis on partisanship over competence has contributed heavily to many of Bush's failures: the mis-interpretation (putting it charitably) of WMD evidence; the mis-management of the Iraq occupation; the response to Katrina; and of course the firing of some of our country's finest US attorneys. It is not a stretch to suppose that this approach to governing has also contributed to the current financial crisis.

Would John McCain continue Bush's pattern of partisan over competence and integrity? Two words: Sarah Palin.

[sleek]

Bush.

Worst.

President.

EVER.

All tyranny needs to gain a foothold is for people of good conscience to remain silent.
--Thomas Jefferson

[Intelligentia]

Criminal prosecution for any violation of criminal law is just a beginning. What should we do about all those unqualified attorneys hired into the DOJ based on political affiliation? Should those attorneys keep their jobs or should all those positions be eliminated and filled through the proper channels? How many qualified attorneys who applied for those positions were rejected? Should there be a class action suit for all qualified attorneys who applied for those positions but where not selected? I will be happy "if" you get your justice; however, there will never be justice when only a few get it and the many are denied it! I am not optimistic.

[dadw5boys]

Is he afraid of facing charges hisself and Bush not being there to pradon him ?

[BobsNotWorking]

What?

[Spesabsquemetu]

This depravity must be rooted out of our government.

It is THIS kind of immoral, despicable, criminal conduct that must be confronted and stopped - the kind of conduct that suggests that thumbing your nose to the law, thumbing your duty as a public servant under the auspices of protocol that are fundamental to an uncontaminated system of CHECKS AND BALANCES, refusing to cooperate in a criminal investigation that concerns upholding and protecting the interests of the American people - makes these individuals unworthy to serve as elected, or appointed officials in government and suggests that they are a national disgrace for their role in corrupting the very system of checks and balance that is fundamental for an ORDERED, JUST, LAWFUL SOCIETY.

"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."

[MO-Mike]

Question for Mr. Iglesias, what is your opinion on this falling under RICO?