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Ousted Prosecutor to NPR: "Red Flags Went Up"

U.S. Attorney David Iglesias for New Mexico was interviewed by NPR this afternoon and provided more detail about his accusations that two lawmakers called him in mid-October to pressure him about his office's investigation of a state Democrat. I've provided a transcript of an excerpt below. You can listen to the entire interview here.

The first call was in mid-October. The caller was asking –- this was not a staff member, an actual member of Congress -- the person was asking about “I want to know if there are any sealed indictments.” And I said, “Sealed indictments? We only do that for juvenile cases or national security cases. It’s fairly unusual.” Instantly red flags went up. I didn’t want to talk about it. Federal prosecutors can’t talk about indictments in general until they’re made public. So I was evasive, I shucked and jived like Walter Payton used to for the Chicago Bears, and the call was ended rather abruptly....

Approximately a week and a half later I got a second call from another member of Congress wanting to know about when the corruption matters were going to filed. Again, red lights went on. It was a very unpleasant phone call, because I know that members of Congress should not be making phone calls about pending matters, pending investigations, indictment dates, things of that nature.

NPR's Melissa Block asked why Iglesias refused to go ahead and name the lawmakers.

Because frankly, I’m afraid of retaliation. I live in a very small state with a very small legal community. And I’m frankly afraid if I go public right now, that there could be retaliation in terms of me being blacklisted, blackballed… you pick your adjective.

When Block noted that New Mexico doesn't have a very big delegation, and that every member of the delegation with the exception of Sen. Pete Domenici (R-NM) and Rep. Heather Wilson (R-NM) have denied making the calls (Domenici and Wilson said "no comment" to NPR), Iglesias responded, "Right."

"Anything you want to add to that?" Block asked.

"I’ll be adding much more on Tuesday afternoon at two o’clock," he responded, referring to the upcoming House Judiciary Committee hearing.

Update: Iglesias also spoke to KRQE in Albuquerque. The video doesn't seem to be available online yet, but Joe Monahan tells me that Iglesias said, regarding who called him, "I will be fully truthful on Tuesday afternoon relative to all five members contacting me or not contacting me."

He was also asked whether he had proof of the calls and replied that he did not have a recording, but said, "I am reviewing possible documents that I may be taking to the House for their review."


101 Comments

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I'm curious -- has anyone tallied up how much money has actually been returned by Republicans (or Democrats, although I think this is a much smaller number) because of all the various scandals in the last couple of years? I'm talking specifically about political donations, to individual candidates or committes like the RNC, RSCC, etc. I have a feeling it's over $500,000, but it'd be interesting to know exactly how much has been returned.

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I can't wait until Tuesday.

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Did anyone inform the apparatchiks that work in the Whitehouse that the rubberstamp Republicans are in the minority?

Yeah, I know a lot of this occurred before the D's took power, but these A**wipes had to be aware that the handwriting was on the wall? Nobody is that stupid.

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Is this something that can rise to a criminal charge?

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As to the issue of legality, I don't think there's a law specifically against what the members of Congress did. Rather, I think it would have been improper for Iglesias to discuss it, thus the onus was on him to refuse to answer those sorts of questions. Also, consider these statements:

'I didn’t want to talk about it. Federal prosecutors can’t talk about indictments in general until they’re made public.'

and:

'It was a very unpleasant phone call, because I know that members of Congress should not be making phone calls about pending matters, pending investigations, indictment dates, things of that nature.'

The reason why Congress can't know is because those sorts of things aren't meant to be made _public_. I sense that he's implying here that the congress members may have indicated they intended to make that information public if they found out for themselves. This may have been stated directly (highly unlikely) or implied by how they asked the question. So while it'd be bad to tell a member of Congress, it'd be really bad to tell a member of Congress who plans to then hold a press conference and announce it to the world, or send out a staffer to dissiminate the information on "background" or anonymously to various newspapers.

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As the the legality of the matter, if the Congressmen who called the U.S. Attorney are lawyers then the Bar Association of the state should consider the matter and pull their tickets. Unfortunately, David Iglesias is a little bit of a weeney worrying about the consequences of telling the truth now because of retaliation. There was a time when people in responsible positions in this country put their own security second to the greater welfare of their fellow citizens. Of course, that was back in the late seventeen hundred and since that time courage has slowly oozed away to the present time where a U.S. Attorney is afraid to go public with the names of two Congressmen who tried to intimidate and him and apparently still got him scared.

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Mr. Iglesias >"...It was a very unpleasant phone call..."

I`d bet the second call was from Ms. Wilson.

"A house of cards can stand for a long time in a glass cage. But not when exposed to the elements." - Z.globalguerrillas.typepad.com

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Gonzales testified before Congress that the firings were not political. If he were under oath, and if he knew about these calls, and if these calls were the reason for the firings, that is perjury, which does rise to criminality, but that's a lot of ifs to prove.

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my pathetic pea brain warbles back to seeing heather "bobby jo" wilson on Bill Maher's show. She made her self sound so liberal.
What do we call rotten garbage while it still clings to the flesh? I understand Domenici is senile? anyone want to confirm that one?
this is a serious crime. I hope the people of NM begin recall proceedings if Mr. Iglesias does name elected representatives as those having called him to what?: obstruct justice, influence a public official, firing a public official due to partisan hackery. There are so many issues here that it is a joke to call this a democracy or republic.

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Sounds like we have a live one, folks!

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Desperately running in circles trying to look unaffected by this Attorneys accusations. The repubs will do as normal...evade, impede, deny, then blame Iglesias for undermining the troops and emboldening the enemy. The power of corruption oft times just feeds on itself. The repubs have demonstrated over and over that there is nothing they would not do to gain power. This behavior, to manipulate the DOJ, whether coming from Dems or Repubs should not be tolerated and should carry strict punishment. The misuse of power should carry the consequence of being removed from it. It's the best way to dissuade others from this type of activity.

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The attorneys were subpoenaed by Sanchez's sub-committee. Does anyone know whether they'll appear before the full committee with Conyers, or before the sub-committee?

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I always have liked Tuesdays.As for David Iglesias feeling fearful of repercussions,well hell,he just got fired.Now that`s a pretty big one.He knows he`s dealing with criminals whose behavior is ruthless to say the least.I`d be more fearful of physical harm knowing what I know about the criminal element that controls this country.
Tuesday cannot come soon enough.

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Oh please, please PLEASE!!...let this be a real live start to the airing of all the dirty laundry the Reps have been hiding for six years!

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Hey here's an idea -lets see if we can turn up Iglesia's phone records by Tuesday. And if we matched up Heather Wilson's or Pete Domenici number , or staff ' number would not that be the basis for a full blown Special Prosecutor be put on the case. Paging Patrick Fitzgerald !
Also does anyone know if Congresswoman Wilson was in anyway involved with Iran Contra Scandal during her military service? Did Wilson ever serve with Ollie North or any other usual suspect from that era?
If nothing else we need to see all of the USA Iglesia's phone records.
This all goes back BushCo -BushCo must be fought by any means necessary !!!
Al in Austex

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One side issue in all this is how virtually nobody seems to know what is in the bills they pass.

I have this notion that it is possible that items such as this are actually added to the bills after they pass. I seem to recall some item in the Military Commissions Act that nobody seemed to know anything about. Can anyone say with certainty that this hasn't happened?

Anyway this whole thing was done very very very badly. Obviously Gonzo is a total fool and idiot for following orders on this one. The pathetic little dweeb yes man should be hauled in front of commitees on a regular basis to make a fool of himself, just for fun.

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"NPR's Melissa Block asked why Iglesias refused to go ahead and name the lawmakers.

Because frankly, I’m afraid of retaliation. I live in a very small state with a very small legal community. And I’m frankly afraid if I go public right now, that there could be retaliation in terms of me being blacklisted, blackballed… you pick your adjective."

This is a really poor excuse for not naming the people making those phone calls. Does Iglesias really think those who contacted him don't know who they are and will definately blackball him for what he has already said?

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"NPR's Melissa Block asked why Iglesias refused to go ahead and name the lawmakers.

Because frankly, I’m afraid of retaliation. I live in a very small state with a very small legal community. And I’m frankly afraid if I go public right now, that there could be retaliation in terms of me being blacklisted, blackballed… you pick your adjective."

This is a really poor excuse for not naming the people making those phone calls. Does Iglesias really think those who contacted him don't know who they are and will definately blackball him for what he has already said?

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Get out in front of this, Dems! Someone needs to throw down the gauntlet.

It's a short but sweet quote; it just needs to come out now rather than after they admit it to ratchet up the stakes for whoever tried to improperly pressure U.S. Attorney Iglesias:

"Any federal elected official who attempted to interfere with a federal criminal investigation should come forward immediately. If this official did so for partisan political gain, they should resign from office."

Perhaps throw in something about abuse of the justice system for good measure.

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How come no U.S. Attorney Daniel Bogden from Nevada? It sounded like he might have gotten the can because he began a federal investigation of Nevada's new GOP governor.

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The purge of U.S. attorneys is looking more and more like it was fully planned and executed by repugs. And you gotta know that undertaking this kind of thing is way serious and would never be instituted at a lower political echelon than the very top.

In fact, it could well be that the legislation that allows for it could be part of the overall effort to subvert the legal system of the United States. We are seeing a logically progressive and associated series of events that strongly suggest a conspiracy. It is certainly obvious there is more going on here than can be explained by coincidence. We are talking about tinkering with the legal system of this country at a very high level that has no precedent.

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The time to 'name' names is while under oath, testifying before Congress. There need not be prior disclosure to reporters, or to anyone else.

The 'fear' expressed with regards to retaliation is reasonable, and it is therefore proper to hold the grenade in one's hand, but to pull the pin only while under oath, accompanied if necessary by counsel, and with all available relevant records in hand. When one has the upper hand here, as former US Attorney Iglesias does, and while confronting powerful, well-connected members of Congress, this is the reasonable, lawful and advisable course of action to take.

Iglesias does not owe 'prior release' to the press or to its audience, if such release might serve to impede an investigation or decrease the likelihood of successful prosectution should a determination that a statute or an administrative rule had been broken by either party while attempting to influence the return of indictments.

Patience, grasshoppers: there is a process to follow here, and this former US Attorney is doing just that.

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I heard Tom Cruise's character in A Few Good Men was based on Iglesias. I hope that Iglesias shows more Cruise-like character Tuesday because "there could be retaliation, whaaa" sure wasn't in the movie. Come on Iglesias, we can handle the truth!

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Whaddano Representative Wilson is Senator Domenici's protege.

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Is it too early to ask what crimes may have been committed? And would replacement senators be appointed, or would a special election be called?

Would Gov. Richardson appoint a Democrat to fill Domeneci's seat?

Goodbye Joe L, good bye Joe, good bye Joe, so sad to see you go!

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michael lafferty hits the nail on the head.

do you all know nothing of suspense?!?!

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It's amazing that after all of the scandals uncovered in the past few years, a lot involving major life and death situations, this little scandal could prove to be the biggest of them all.

Depending on what happens, the 2 senator's and AG could be in real jeopardy.

The first thing I look to when it's a senator, is who's the governor for obvious reasons!

YES!

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He should be afraid of the neocons, these people eat their young. Maybe he has a family and a life and that maybe there is hope that the career he has chosen and invested so much time and passion in will pan out. Who among you would be the first against the wall?
what if it was your wife or your parents that would recive the brunt of retaliation? I hope that he stands up and tells the honest truth what ever it maybe, and I hope that these people the perpatraitors are caught red handed. They talk of god and being holy, there is no god in this administration only greed, pride and arogance. Every time we are in public and hear these people talk, just say aloud "liar" don't yell just say it. maybe people will engage you maybe they won't. Just take one step twords the truth.

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...We are seeing a logically progressive and associated series of events that strongly suggest a conspiracy. It is certainly obvious there is more going on here than can be explained by coincidence. We are talking about tinkering with the legal system of this country at a very high level that has no precedent....

Well, yes. And if you start pulling on various small threads you are--at some point, assuming you want to know the truth--going to be pulling on some very large threads. Who, exactly, wrote the Patriot Act? When? Why? There's a narrative surrounding the Patrtiot Act, sure, but it's clearly a misleading narrative. I'm not sure there are enough orange jumpsuits on hand to sort out the big picture. And, of course, there's some evidence that the public parts of the act interact in complex ways with the secret parts of the act. Really, really, untangling the deep structure behind this mess is going to take a while and some serious political power. I can't see it happending without a lot more new Dems in the House and a general decline in the existing party leadership.

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I think that Iglesias is not thinking of New Mexico when he says he is fearful of relaliation. I think he's subtly referring to leadership rot within the Justice Department and rightly fears pay-back from higher-ups, namely Gonzales. The matter of the subpoena will protect him when he testifies next week.

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Why will the subpoena protect him? This more than likely goes higher than Gonzales, and there are many, many forms of payback. I don't blame Iglesias for not having been anxious to talk about this. I am glad that congress is finally using its majority status. Power to the Subpoena!

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"The time to 'name' names is while under oath, testifying before Congress. There need not be prior disclosure to reporters, or to anyone else."

Exactly. If am about to testify to the effect that my bosses in the DOJ fired me because of corrupt motives, potentially at the behest of two or more Congress persons, I'm damn sure not going to name names on NPR. I'm going on the record and under oath in front of a duly convened panel, with my trusty lawyer and all my documents at my side.

The man has a career to think about and he is in the process of making powerful enemies. This is the most approriate way for him to clear the air and to protect himself.

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Who's running for President and who just moved to New Mexico. Joe and Val?

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Don't forget, Iglesias must have been a Republican in good standing or else he would not have been recommended, presumably by his home state GOP Senator Domenici, for the job of U.S. Attorney and appointed by the Bush admin. So he's tremendously exposed here. Most law firms with GOP connections are going to blackball him from a job once he steps down from his current position.

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Regarding how high up this goes:

To realize that U.S. Attorney is a great stepping stone position for young political talent, investigate the appointment process and ways of legally changing it to allow the Bush/Cheney administration to make appointments unilaterally, have the necessary language drafted, and convince some tremendously craven Senator to slip this language into the USA Patriot Act (Sen. Arlen Specter or supposedly his staff without his knowledge) requires a tremendous amount of foresight.

You have to be an absolutely brazen partisan who is involved at the highest levels of the administration to come up with such a scheme and put it into effect. Who fits that profile?

Karl Rove.

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I hope I'm wrong, but I am afraid that Iglesias' story is going to fall apart. I heard the interview last night, and he sounded like a real weenie talking about how he felt "violated" when the Congresspersons called. C'mon, you're a United States Attorney, for chrissake! Violated?

Plus, the supposed fear of retaliation makes no sense. He has already gone public with accusations against members of the New Mexico delegation, a fairly small group, which prompted the issuance of the subpoenas, etc. Wouldn't the evildoers retaliate against him for that?

I am afraid that he is going to come across as a publicity hound, and a rather weak one at that, and his testimony will not have much effect.

Let's hope I'm wrong.

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Anyone know the answer to what the Goopers were fishing for--WAS an indictment against a Dem ever in process or handed down? Be pretty funny if these idiots climbed out on this long limb grasping for a straw that wasn't even there.

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Steve H: Yes, I can certainly imagine the poor wingers pursuing that line of (desperation) defense. So what? Iglesias's weanie-ness or otherwise isn't an issue, though I'm sure the pathetic right-wingers will try to make it one--that's their timeworn pattern. Domenici and Wilson's improper conduct is. And if Iglesias's treatment turns out to be part of a wider attempt to quash or distort investigations into GOP corruption, then "It's the cover-up, stupid" that will bring them all down. So if Goopers want to cling to "But he's a weanie!" as they sink beneath the waves, let 'em.

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The broad motive for the insertion of Rovite operatives into these jobs is clear, but have we thought through the specifics? Is this an effort to stonewall investigation of GOP wrong-doing or to lynch Dems once the dust settles? Seems unlikely to be just a parking place for friends - there are plenty of those to go around.

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I heard the interview last evening. I've never heard him speak before, but I would say that his voice held frustration bordering on anger as he described the course of events.

He was also asked why he didn't report these calls to the DOJ at the time, as is apparently required. He said that at first he was so shocked at the events that he didn't think about it. Later when he did think about it he decided it wasn't that big of a deal. He said it was a decision he regrets & he wishes he had called the DOJ to report the calls from Congress people.

He also said that it was the public reports that the dismissal had been due to performance issues that really pushed him. He said that he would have accepted it for political reasons...stating that he thought it was acceptable (to him) to step aside for another person. So my interpretation is that this got very personal for him once his abilities & job performance were publicly questioned.

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