Preserving United States Attorney Independence Act Of 2007
Mr. President, I have come to the floor today to speak in support of S. 214, Senator Feinstein's legislation to restore the independence of our U.S. attorneys. Like many in this body, I have watched in dismay as more and more details of…
Mr. President, I have come to the floor today to speak in support of S. 214, Senator Feinstein's legislation to restore the independence of our U.S. attorneys. Like many in this body, I have watched in dismay as more and more details of this administration's efforts to fire Federal prosecutors and replace them with loyal partisans have become public. There has been a great deal of discussion of these facts on the floor of this Senate--the fact that those U.S. attorneys who were fired were criticized in one e-mail for not being ``loyal Bushies,'' and the fact that many of these U.S. attorneys had received glowing personnel reviews in the time leading up to their firings.
But one of the facts that I think we are losing sight of in this debate is the critical role that U.S. attorneys play in this country. These are incredibly important jobs, and the people that hold them are responsible for overseeing the most complex and serious prosecutions of the most treacherous crimes. U.S. attorneys around the country are responsible for overseeing major conspiracy cases including organized crime, large-scale drug trafficking by organized gangs, terrorism, and political corruption.
While these are political appointments, in the past, mere political loyalty was not generally sufficient to get you the job. In the past, under both Republican and Democratic administrations, you also needed to have the support of the legal community in the district and to have demonstrated solid legal skills. Ensuring that people who were known in the community and had the necessary judgment, skills, and independence to fulfill the demands of these positions is the reason that home State Senators are consulted.
It is because the importance of these positions has long been recognized on a bipartisan basis that it is simply astonishing that this administration gave real consideration to summarily dismissing all 94 U.S. attorneys. Even more appalling is that the Attorney General, the man who earlier this year told the Judiciary Committee that he would ``never ever make a change in the United States attorney position for political reasons,'' was involved in those discussions.
As difficult as it is to believe that the administration seriously considered wholesale replacement of the U.S. attorneys, it is even more troubling that they proceeded to summarily dismiss eight prosecutors for very murky reasons and then tried to justify their actions as performance based. Given that each of the prosecutors underwent a detailed favorable review, it has become very clear that this is simply not true.
More troubling still is that at least three of the fired prosecutors were involved in political corruption probes that were not proceeding in a way that the administration viewed as politically favorable, and in at least two of these cases lawmakers and their staff personally intervened with the prosecutors.
As if a large-scale effort to fire lead Federal prosecutors for political reasons wasn't sufficient, the Department of Justice clearly intended to replace sitting prosecutors with highly political White House and other administration staffers on an ``interim'' basis without sending them to the Senate for confirmation. That is what this bill before us today addresses. It revokes the ability of the Attorney General to appoint an interim U.S. attorney for an indefinite period of time and thus avoid the Senate confirmation process. This is just one of the problematic provisions slipped into the PATRIOT Act and I commend Senator Feinstein for her efforts to bring this issue to light and to restore the balance to the process of appointing U.S. attorneys.
While the Deputy Attorney General has insisted that it wasn't the intent of the Department of Justice to avoid Senate confirmation, this has been flatly contradicted by the documents. In discussing the appointment of Karl Rove's Deputy Tim Griffin as the ``interim'' U.S. attorney in Arkansas, the former Chief of Staff to Attorney General Gonzales, Kyle Sampson, wrote in December 2006: ``I think we should gum this to death . . . Ask the senators to give Tim a chance, meet with him, give him some time in office to see how he performs, etc. If they ultimately say `no never' (and the longer we can forestall that the better), then we can tell them we'll look for other candidates, ask them for recommendations, interview their candidates, and otherwise run out the clock. All this should be done in `good faith' of course.''
The decision to fire the U.S. attorneys was finalized after the elections and the knowledge that Democrats would be taking control of the Senate. But even so, it raises the question of why the White House would feel it necessary to avoid Senate confirmation. After all, many of the current U.S. attorneys were confirmed smoothly under Democratic control in 2001 and 2002. Again, Kyle Sampson has the answer for us. In an early email, he laid out the benefits of avoiding the Senate stating: ``we can give far less deference to home-state senators and thereby get (1) our preferred person appointed and (2) do it far faster and more efficiently, at less political cost to the White House.''
This bill before us today restores the status quo prior to the renewal of the PATRIOT Act last fall by repealing the ability of the Administration to appoint ``interim'' U.S. attorneys for indefinite periods of time. I am glad the administration has dropped its opposition to this bill, and I look forward to seeing the President sign this bill in to law. But this exercise has been an eye-opener for those of us in the Senate, and I hope for the American people, about the contempt this administration has for the Congress and the willingness of the administration to politicize any and every office. It has also, once again, underscored the value of oversight into our system of government. For the past 6 years, this administration has operated without any independent check on its power. But those days are over. By passing this legislation and beginning the necessary work to restore the integrity of our Nation's U.S. attorneys, we can begin to restore Americans faith in our system of justice.