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The OIG Report: Tying Up Loose Ends
In the almost two years that TPMmuckraker has been covering the scandal over the removal of the U.S. attorneys, there have been many questions raised over the reasons behind the firings. On Monday, the Justice Department's Office of the Inspector General's report answered some of those, but raised others. While it concluded that only three of the firings were carried out for political reasons or to interfere with active prosecutions, it could not gather sufficient evidence to conclude the rest of the firings were politically based. Regardless, the report strongly condemned the DOJs overall mishandling of the firings, calling the process "fundamentally flawed . . unsystematic and arbitrary."
As we wrote earlier this week, the report reveals that Todd Graves, David Iglesias and Bud Cummins were fired for reasons of politics, not performance.
The report lays out the investigations into each of the remaining U.S. attorney firings, but repeatedly states that its analysis and investigation were "hindered" due to many witnesses' "lack of recall"; the refusal of many witnesses to cooperate with the investigation or give testimony; and the administration's stonewalling in disclosing documents. Citing these obstacles, the report hedges its findings, requesting a prosecutor to continue the investigation with the power to compel testimony.
In the case of Margaret Chiara, the former Western Michigan U.S. attorney, the report could find no evidence that the rumors that Chiara was in a lesbian relationship with one of her subordinates were behind her removal.
Chiara has stated publicly that she believes the rumors -- which she called "false and malicious" in a statement yesterday from her attorney -- were the reason for the loss of her position.
Carol Lam, the U.S. attorney in the Southern District of California, was believed to have been asked to resign over her prosecution of former Executive Director of the CIA, Dusty Foggo and Brent Wilkes, a defense contractor who bribed former Republican Rep. Duke Cunningham and Foggo. But the report "found no evidence" to support those claims, stating that "the investigation and prosecution of Cunningham and Foggo were aggressively pursued by career prosecutors in Lam's office, both during and after her tenure."
Instead, the report supports the Department's previous claims that Lam was removed because of her poor statistics on gun and immigration prosecution statistics -- but blames the DOJ for poor handling of her removal.
In the case of Daniel Bogden of Nevada, little was known about his removal, except that he had not been diligent in prosecution of obscenity cases. The report found the claim to be behind Bogden's removal, but added some color to the removal. Interestingly, the report found that the complaints of Bodgen's dalliance in obscenity prosecutions were made by Brent Ward, the head of the DOJ Obscenity Prosecution Task Force -- who was friends with Attorney General Chief of Staff Kyle Sampson's brother and had direct conversations with Sampson regularly.
When questioned by the DOJ, Sampson stated he "did not recall whether those complaints played a role in the decision to remove Bogden," a response the report found "particularly suspect, given his role in the removal process."
In Arizona, Paul Charlton's termination was believed to be connected to his investigation of Republican Rep. Rick Renzi, but the report states that it could find no evidence to support that claim. Charlton had previously clashed with Main Justice on a decision he made to not seek the death penalty on a case involving a murder that transpired during a drug deal. Charlton believed it was this death penalty case as well as his policy of tape recording interrogations that led to his removal -- theories the IG report confirmed as the primary reasons for his dismissal.
Lastly, there is Seattle's John McKay who was believed to have been fired over his failure to prosecute voter fraud related to the 2004 Washington governor's election.
McKay famously received a call from Ed Cassidy, chief of staff to Washington Rep. Richard Hastings (R) asking about his prosecution, to which McKay responded, "Ed, I'm sure you're not about to start talking to me about the future direction of this case," after which Cassidy quickly ended the call.
Hastings claimed ignorance and told investigators that "he could not remember telling Cassidy to call McKay. . . or whether Cassidy had told him he had done so."
The report also mentions a meeting in Washington between McKay and White House Counsel Harriet Miers in which Miers reportedly asked McKay "why Republicans in the state of Washington were angry with him."
The report concludes that the "evidence suggests" that the primary reason for McKay's removal was an argument with Deputy Attorney General Paul McNulty over an information sharing program -- not because of failure to prosecute voter fraud as McKay conjectured.
The OIG report, though nearly 400 pages long, is far from comprehensive. The investigation lacked the power to compel testimony or documents outside of the Justice Department and were consequently limited in their investigation. As a result, the report is forced to reserve judgment on whether many of the firings were inappropriately political, though it recommends that a prosecutor be appointed to look into whether crimes were committed.
Nora Dannehy, appointed on Monday by Attorney General Michael Mukasey will take up that mantle. It remains to be seen if that will be enough to ferret the truth out of unwilling witnesses and departments.













My remembrance was Carol Lam stated she reached a consensus with SoCal law enforcement & Sacramento to work other, more important areas than gun and immigration prosecution & main law had previously agreed.
October 1, 2008 3:48 PM | Reply | Permalink
At Firedoglahe they're reporting the current investigation (Nora Danahy) is to be completed by December 1, 2008. If true, I think Mukasey is looking to put this to rest after the elections but prior to a new administration. Why else put a cap on the length of the investigation?
October 1, 2008 3:48 PM | Reply | Permalink
gotta give Bush enough time to issue the pardons -- that's gonna take a while.
October 1, 2008 6:00 PM | Reply | Permalink
Everyone should understand that stating that the
OIG investigation could not confirm various rumors
about US Attorneys being fired carries as much
weight as you or I saying it. We haven't spoken
to any of the Senators, Representatives or White
House employees and neither has the OIG. The
entire investigation is nearly meaningless.
October 1, 2008 4:53 PM | Reply | Permalink
The Republican candidate to retain Heather Wilson's NM congressional seat for the party, Darren White is apparently mentioned in the report and vaguely implicated (story today buried in today's Albuquerque Journal). This is good for the Dems who have a good candidate in Martin Heinrich and have not held this seat in a swing district as long as I can remember. In NM, the US atty scandal goes deep, I tell ya.
October 1, 2008 7:02 PM | Reply | Permalink
Carol Lam was told to resign while still working on Foggo's indictment. She asked to stay until he was indicted, but DOJ refused. She hung around anyway and indicted him on either her last day or next to last day.
The FBI Special Agent in Charge (SAC) for San Diego allowed himself to be quoted by name in the San Diego Tribune on the day her firing was announced, with his quote being something like, "Is it political? I can guarantee you it's political." The FBI Director immediately chastised him. He retired shortly thereafter.
Though the Foggo case was undoubtedly a factor, payback for indicting and convicting Cunningham was probably a factor too.
Somebody should go talk to Jody Cummins in Little Rock, since she was reportedly very aware of the games being played and very unhappy with the firing of her husband Bud. She could be the Martha Mitchell of this administration.
October 1, 2008 9:33 PM | Reply | Permalink
I don't care if the Cunningham, Wilkes and Foggo cases continued to be prosecuted. I would have really stunk to high heaven if they tried to shut those down.
It's been a year and a half since charges were filed against Foggo and Lam was replaced and he only pled guilty this month. Meanwhile, there is no word whether any of Foggo's colleagues at the CIA, DIA or White House are still being investigated.
Either de-railing the expansion of the investigation to new targets or simple payback explain her firing far better than the lame excuses about immigration cases.
October 2, 2008 4:07 AM | Reply | Permalink
Isn't this pretty much what we expected, considering the lack of independence of the Justice Department OIG and the fact that no one was willing to speak to them? All of the "not proven" judgements are just a mealy-mouthed version of what Patrick Fitzgerald said about the Plame case: because people lied and stonewalled, it became impossible to determine who had committed the original crime, or even whether a crime had been committed beyond a reasonable doubt.
That's what's known as obstruction of justice, and it's a crime in itself.
October 2, 2008 9:35 AM | Reply | Permalink
There is a hell of a problem when GLEN FINE says "...he has no evidence that LAM was fired for political reasons".
We know that DUKE was tied to FOGGO and LYONS (set up diploma mill for San Diego 9/11 hijackers)tied to WYLE's who divested themselves of their REINSURANCE investments who got socked with a huge insurance bill from SILVERSTEIN (one of the jewish people who had prior knowlege on 9/11).
This DUKE--FOGGO--WILKES goes farther:
..."Indeed, MZM Inc., the company founded and until recently chaired by Wade, the alleged number-two co-conspirator from the Cunningham plea agreement, has an active contract from the Pentagon's troubling Counterintelligence Field Activity (CIFA) agency to conduct domestic surveillance on Americans, according to The Washington Post's Walter Pincus."
http://sutherlandsalute.blogspot.com/2008/10/what-did-glen-fine-leave-out-of-his-oig.html
So...who did the 3 South Dakota Murders of my known associates?
So...who obstructed justice by stopping SD HIGHWAY PATROL CAPTAIN JEFF TALBOT'S MURDER INVESTIGATION OF THE DEATH OF YPD SGT MARK DEFENBAUGH after I called Talbot?
Didn't I have a wiretapped phone call with YPD SGT Defenbaugh before he ended up dead in a staged vehicle accident in Bon Homme Cty?
Ten days later, a Yankton, SD, lawyer named JOHN KABIESEMAN was dead in a staged vehicle accident..and I had talked to JOHN at his Yankton law office about filing a civil suit?
October 2, 2008 12:29 PM | Reply | Permalink