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DoJ Official: "I Am Shocked and Baffled"
One of the more damning pieces of testimony yesterday came from Bud Cummins, who received a call from a Justice Department official on February 20th wtih a clear message: if the fired proscutors continued speaking out, then the department would be forced to hit back and dish dirt on them.
Now that official, Michael Elston, the chief of staff to Deputy Attorney General Paul McNulty, has sent a letter to Sen. Chuck Schumer (D-NY) to give his side of the story (you can read his letter here). In it, Elston claims that he's "shocked and baffled" at Cummins' interpretation of the call: "I do not understand how anything that I said to him in our last conversation in mid-February could be construed as a threat of any kind."
Let's review what happened. In a February 19th article in The Washington Post, Cummins was quoted on the firings:
"They're [the Justice Department] entitled to make these changes for any reason or no reason or even for an idiotic reason,... But if they are trying to suggest that people have inferior performance to hide whatever their true agenda is, that is wrong. They should retract those statements."
The next day, Cummins got a call from Elston. And very unfortunately for the Justice Department, Cummins sent out an email no more than an hour after the call to the other fired prosecutors (you can see it here):
The essence of his message was that they feel like they are taking unnecessary flak to avoid trashing each of us specificially or further, but if they feel like any of us intend to continue to offer quotes to the press, or organize behind the scenes congressional pressure, then they would feel forced to somehow pull their gloves off and offer public criticisms to defend their actions more fully.... I was tempted to challenge him and say something movie-like such as "are you threatening ME???", but instead I kind of shrugged it off...
Cummins, a lifelong Republican, continues in the email to refer to Elston's "threat of retaliation" and the "threatening undercurrent in the call." So it was abundantly clear to him that he was being threatened.
The most inflammatory part of the email is Cummins' description of Elston's reaction to the idea of the fired prosecutors testifying before Congress:
"He reacted quite a bit to the idea of anyone voluntarily testifying and it seemed clear that they would see that as a major escalation of the conflict meriting some kind of unspecified form of retaliation."
It was based on this that Sen. Sheldon Whitehouse (D-RI) in his questioning yesterday, drew an analogy between Elston's call and obstruction of justice in a criminal investigation -- an analogy which all four prosecutors agreed to.
But Elston, in his letter, denies that he's ever discouraged anyone from testifying before Congress:
I respect the role of Congress in our constitutional system, and I have never suggested to anyone that it would be appropriate to withhold information or testimony from Congress.
He says he'd told Cumins that "the Department had no position on whether he should testify, and that he should testify if he wanted to testify or decline to testify if he did not want to testify."
That's some kind of misunderstanding.
Comments (76)
Anonymous wrote on March 7, 2007 1:02 PM:So if the Congresscritters suddenly grow balls, then people like Patrick Fitzgerald could be kept busy for decades prosecuting this bush criminals. Maybe Congress could appoint each of these State Attnys fired for political reasons to go after the bastards. That could be sweet
EH wrote on March 7, 2007 1:07 PM:He's denying intent. Every statement from a named official has had at least one legalism as a kernel. It's the only reason any of them are saying anything, as an attempt to head off any further investigation. Not yet have I heard anybody say "I welcome the opportunity to..."
jeffgee wrote on March 7, 2007 1:17 PM:This seems to be the new way the repubs are dealing with the statements of the fired prosecutors. "We didn't threaten anyone. We're shocked that you think so. You're overreacting." They could use that against Iglesias, who said that he FELT threatened by the phone calls from Domenici and Wilson. The repubs can say he's overly sensitive and their intent was not to threaten. Now they can hide behind nuance.
Anonymous wrote on March 7, 2007 1:25 PM:Ok, got it. Clearly a misunderstanding. No threats, Cummins was just very sensitve and thin skinned... All his fault... Let's move on.
But before you do, explain to me how Nancy Pelosi "demanded" an airplane - when she made no demands, didn't write any letters and never requested an airplane. That was a demand?
Dennis wrote on March 7, 2007 1:43 PM:I have just seen the blip of Sen, Specter questioning Ms. Lam and Mr. Iglesias. It is ironic to see Sen. Spector questioning these attorneys since the item that allowed dismissal of these attorneys was slipped into the renewal of the Patriot Act(s) was done by Sen Specter's office.
In addition, it was interesting to note how carefully crafted Sen. Specter's questions were in order to see "if" he could somehow find a loophole in their testimony. He failed.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
Node of Evil wrote on March 7, 2007 2:01 PM:It'd be nice if all Administration meddling in executive branch appointments could get this much press. Frankly, I think the entire Department of the Interior is corrupt; Abramoff didn't operate alone. There are many, many others which would benefit from hearings like this.
I wonder if this a Cheney-inspired or Rove-inspired policy. The President does have lots of say over how the Executive is run, so it makes sense to use it for all its worth if your goal is political machine-building. Of course that dovetails nicely with the general expansion of Executive branch powers under Bush. Perhaps this brings us one step closer to the imminent constitutional crisis that their policies are creating.
larry birnbaum wrote on March 7, 2007 2:16 PM:Well I very much hope that Mr. Elston is called before the House and/or Senate to testify. Why did he call Mr. Cummins in the first place? Did he talk with anyone about making the call before he did so? Etc.
These guys are in for a world of hurt.
PonB wrote on March 7, 2007 2:16 PM:This reminds me of the DirecTV commercial with the GoodFellas...
"Remember the last episode when you hit Vito with a shovel?"
"I do not recall that."
Sheesh...
- PonB
bjobotts wrote on March 7, 2007 2:28 PM:What are the consequences here for Wilson and Domenci? Could there be any consequences for Gonzales or other members of the DOJ? Is it just unethical behavior or are laws being broken?
justin case wrote on March 7, 2007 2:30 PM:From: Node of Evil
It'd be nice if all Administration meddling in executive branch appointments could get this much press.
Great unintentional comedy, no?
Anonymous wrote on March 7, 2007 2:42 PM:Press reports peg US Attorney Igelsias receiving his call from Domenici while he was at home. Iglesias said his getting a call at home from a Senator was unprecedented.
Press reports also peg Iglesias receiving his Wilson call while he was in a hotel.
Why did Domenici and Wilson call him in such unusual places? Were they afraid of calling him in his office? Were they afraid of getting caught doing something?
Morgan wrote on March 7, 2007 4:17 PM:"What are the consequences here for Wilson and Domenci? Could there be any consequences for Gonzales or other members of the DOJ? Is it just unethical behavior or are laws being broken?"
I think Wilson and Domenci only break ethics rules, and ethics complaints have already been filed against them. Not sure what the consequence of those would be.
From what I've read the firings themselves are legal, since, as it says in the article, DoJ and the president can fire USAs whenever they want, but it's obviously highly unethical for them do it for the kind of partisan political purposes it seems they did.
IIRC, though, Gonzales testified (under oath?) to congress that the firings were for performance reasons, which they very clearly weren't, in which case he might be guilty of perjury or some such charge.
Agjobs wrote on March 7, 2007 5:25 PM:Funny isn't it that 3-4 years ago they might have gotten people to believe that BS about "no threats". However now their timing really sucks in light of the Libby trial showing just how the Adminsitration goes after anyone that diagrees with them. Puts everything in a whole new light. Also funny how Pete and Heather were misunderstood only after their denials were exposed. Must be written down somewhere in the Republican Employee Policy Manual or something. To bad for them that they are going to find out that they actually work for the PEOPLE, not the Republicans.
DallasNE wrote on March 7, 2007 5:33 PM:It is becoming clearer by the day that when a Bush administration official calls you record the message. Otherwise everything will be denied with the result a he said/he said standoff. Lying has become the 11th Commandment of Republican politics.
Frank wrote on March 7, 2007 10:58 PM:I don't think Domenici will run for the senate again. The mold for electioneering TV ads shouting his intimidating blunder is now being sculpted by joyous opposition dems in his state. It will be ready for the stinking melt to be poured should he run again. What an ugly apparition that resulting "casting" will be if he does run.
mcr wrote on March 7, 2007 11:10 PM:I am searching my soul for some sympathy for Michael Elston, but I have to admit I am happy to see this guy squirming. He knows what he did was illegal as well as imoral and he's backpeddling faster than a cartoon character in front of the meat grinder.
jimbo92107 wrote on March 7, 2007 11:16 PM:One of the really baffling aspects of all this Republiker corruption is that they appear to think that they will get away with it forever, as if there is no way there will ever be an honest Democratic administration that will investigate these matters.
Now we have Pelosi and Reid running Congress, while most of the Democratic presidential candidates are DLC traitors. Maybe the Republikers are right.
Zola Daniels wrote on March 8, 2007 8:19 AM:This is just the way the last 5 years have been. So much filth and cover up. It will take many, many years to bring back sanity to our country. This man Griffin who is Rove's buddy was sent to Boot out Mr. Cummins in Ark. So check this crook out.Good article on Buzzflash.com by Jack Palast.
Touchgrey wrote on March 8, 2007 8:33 AM:ZLD
Both the Senate and the House committees should just subpoena Michael O'Neill, the chief counsel of the Senate Judiciary Committee who slipped the poison provision into the legislation renewing the patriot act. It was this provision, apparently slipped in behind the back of the committee members, that stripped the Senate of the authority to approve U.S. Attorney appointments. Get to the underlying source of this scandal. All of this bickering between the fired attorneys and the Justice Department isn't getting anywhere.
Buck Burris wrote on March 8, 2007 8:49 AM:When I was younger I loved Wonderland. Little did I kinow then that oner day I would live (t)here.
bardicfool wrote on March 8, 2007 10:28 AM:It is past time for the (Anti)Patriot Act to be repealed, so we can begin to restore the balance of power in our government. Only when Congress can again truly oversee the actions of the executive, as mandated by the Constitution, will sanity return.
t-bone wrote on March 8, 2007 2:00 PM:It is also long past time to begin simultaneous impeachment of Bush and Cheney. They have committed far too many crimes of the sort that would have allowed the Republikommunists to lynch Clinton (not that they didn't try with their $75 million witch-hunt to find nothing but he lied about a blowjob). Pelosi's greatest mistake was to take impeachment off the table. It needs to go back into play, and they need to start drafting articles of impeachment against both Bush and Cheney NOW!
"Good article on Buzzflash.com by Jack Palast."
That's GREG Palast, and it is a good article. Jack PALANCE is the recently deceased character actor who was in "City Slickers".
The Skeptical Cynic wrote on March 8, 2007 5:18 PM:Re: jimbo92107comment
Just as their Nazi forebears in their delusions of grandeur were certain their regime would last for a "thousand years " and they could marginalize and ultimately eliminate anyone who would take issue with them, so too,the arrogance of this Administration and its minions have for too long been allowed to proceed unabated by a Democratic Party of mostly craven hacks and an ignorant, misinformed, disinformed and willfully uninformed and thus contemptibly stupid, "citizenry".
The Oracle wrote on March 9, 2007 1:45 AM:Elston: just another Republican THUG, ala Cheney, ala Gonzales, ala Bush, ala Rumsfeld, ala Hastert, ala Frist, ala Feith, ala Gingrich, ala Delay, ala all of the Republicans. We all recognize their modus operandi by now. And they all have the morality level of a venomous snake.
votingvet wrote on March 9, 2007 7:54 AM:Don't be so sure that the Dems will prove to be a responsible and honest answer to the Repubs. I'm sure, however, that they will bring a less irresponsible and less dishonest regime to DC.
(Of course, Dem misdemeanors will continue to be characterized as high crimes by the same media that gushed over an idiot, unelected "president" and enabled him as he usurped the constitution, engaged in a bloody and foolish war, and wrecked the future by ratcheting up the National Debt to unimagineable heights.)
PonB, "I do not recall that" is going to be the Repub mantra over the next year as more and more of these power-hungry s.o.b.'s are called to testify publicly about their crimes and general sleaziness.
Joan Magit wrote on March 9, 2007 3:23 PM:Peeling back the artichoke leaf by leaf will takes years and much investigation to uncover the past 7 years of crimes, lying and cheating, treasonous acts, and perversion of justice by the thugs who call themselves Republicans. To think that we still have the Broders and the Gerkins refusing to acknowledge this blight on our democracy. Who are they working for?
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deans wrote on May 2, 2007 2:35 PM:I have to say that while I admire jimbo's idealism I don't share it. I agree with every critical word said against this administration. How much of it is because they are Republican or because they are wealthy I can't say for sure. If the democrats win the next presidency I will be less then surprised if we see more of the same-unbridled arrogance fortified by an unbelievable indifference to the concerns of people who are not obscenely wealthy. Am I cynic? No doubt about it. I think that is why this administration has gotten away with what they have-they simply don't give a damn what the general American population wants. Money gets them elected and money is who they serve once elected. I just don't see any Democratic nominees standing out as being of exceptionally high character. They only shine when I compare them to the Republicans. Otherwise, for me, the jury is still out on which of these Democratic nominees will be able to sort through the unspeakable mess that the Bush administration will be leaving behind. But like I said, put Barack, Hillary, or John E. up against the Republicans and they all are looking like a hundred watts!
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