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DoJ Officials Resign, But Mouthpiece Promoted
Alberto Gonzales's resignation was just the latest in the steady flow of departures by senior Justice Department officials involved in the U.S. attorney firings. But Brian Roehrkasse, the Department spokesman who served as the leadership's attack dog as the firings scandal intensified, is staying where he is. In fact, Roehrkasse, formerly the deputy director of public affairs, was actually promoted to the top spot in the office earlier this month.
Just about every story in the major papers on the scandal this spring and summer featured Roehrkasse's rebuttals. That, of course, is his job. But just as a number of statements from Department officials to Congress have proven false, so have a number of Roehrkasse's public statements. And Roehrekasse surprised many with his personal attacks on the fired U.S. attorneys, most famously calling them "former disgruntled employees grandstanding before Congress." The former prosecutors, of course, had been subpoenaed to appear.
Roehrkasse replaced the former director, Tasia Scolinos, after she retired from the Department. Scolinos is perhaps best known for her brainstorming on how to handle the U.S. attorney firings, for instance suggesting in an email that the "one common link" among the fired prosecutors was that "three of them are along the southern border so you could make the connection that DOJ is unhappy with the immigration prosecution numbers in those districts." Scolinos' suggestion, of course, was duly employed.
Burt Brandenburg, who served as the Justice Department's director of public affairs during the Clinton administration, said being the DoJ's spokesperson is a tough job, dealing with complex issues in a highly politically charged atmosphere. "Every day's a Super Bowl," he said. But "there's a tradition of attorney generals of both parties that you have to be the grown-up, that you have to have some of the thickest skin in Washington and can't be as political as your critics.... You're held to a higher standard."
Roehrkasse has fallen well short of that standard, making a string of public statements about the firings that were dubious at best (e.g. that they were performance-related and part of a "routine process") and downright false at worst (like some of Gonzales'). Below is our brief round-up of the worst of the worst.
1) The Arkansas Democrat-Gazette in late December was investigating the then-recent appointment of Timothy Griffin, Karl Rove's former aide, as the U.S. attorney for Little Rock and spoke to Roehrkasse:
"We are hopeful that by working with the two U.S. senators from Arkansas, we will make a nomination that the senators support and the Congress approves." Roehrkasse explained, "When a U.S. attorney resigns, there is a need for someone to fill that position." He noted that often, the first assistant U.S. attorney in the affected district will serve as the acting U.S. attorney until the formal nomination process begins for a replacement. But in this case, "the first assistant is on maternity leave," he said, referring to Jane Duke, who gave birth to twins earlier than expected the same week of the announcement.
There are a number of things wrong with this. First, it was no secret to Bud Cummins, the former U.S. attorney for Little Rock, or others in the Department that he had in fact been asked to step down. So he was fired and did not resign (a fact that was not public at the time).
And second, it was similarly no secret that Griffin would replace Cummins. Emails show senior Department aides Kyle Sampson and Monica Goodling working back in August of that year on installing Griffin.
The notion that the Department ever considered replacing Cummins with his first assistant is simply not true. "Clearly, nobody ever considered appointing her," Cummins told me. "There was a plan in place, and it was obvious from September that Tim Griffin was going to become the U.S. attorney. In light of everything that was known by all of us, this was a ridiculous statement."
2) On March 6th of this year, McClatchy reported that Michael Elston, the chief of staff to the deputy attorney general, had called one of the fired U.S. attorneys to threaten him "that if any of them continued to criticize the administration for their ousters, previously undisclosed details about the reasons they were fired might be released."
Roehrkasse responded:
Justice Department spokesman Brian Roehrkasse criticized McClatchy for running the story. "It is unfortunate that the press would choose to run an allegation from an anonymous source from a conversation that never took place," he said.
But of course, as Bud Cummins testified the same day the story ran, the conversation did take place. And Cummins even managed to describe it in an email to the other U.S. attorneys the same day it had happened.
Sen. Sheldon Whitehouse (D-RI) has written the Department's inspector general to request that he investigate "the circumstances leading to Mr. Roehrkasse’s clearly false statement."
3) On March 5th, the Justice Department was scrambling to respond to news that Sen. Pete Domenici (R-NM) had phoned former U.S. Attorney David Iglesias shortly before the 2006 elections about a corruption investigation of a New Mexico Democrat, and that Domenici had been seeking Iglesias' removal for months. Had Domenici and the Department conspired to fire Iglesias because he had not pursued Democrats aggressively enough? Roehrkasse sought to put all that to rest. Here he is in The Washington Post:
The Justice Department said last night that Domenici called Deputy Attorney General Paul J. McNulty during the first week of October to discuss Iglesias.This followed three calls to Attorney General Alberto R. Gonzales in September 2005, January 2006 and April 2006 during which, Justice Department spokesman Brian Roehrkasse said, Domenici "expressed general concerns about the performance of U.S. Attorney Iglesias and questioned whether he was up to the job . . .
"At no time in those calls did the senator mention this corruption case," nor did he specifically ask for Iglesias's ouster, Roehrkasse said.
As Gonzales subsequently testified, however, Domenici had discussed Iglesias' handling of corruption cases. When asked by Rep. Adam Schiff (R-CA) whether Roehrkasse's was a "misleading statement," Gonzales explained that no, it was not: Domenici hadn't mentioned any particular corruption case -- just corruption cases generally. "That, to me, is misleading, to be charitable," concluded Schiff.

Comments (12)
Orwell's Intuition wrote on August 30, 2007 11:59 AM:Par for the course. We wouldn't expect any different from the bush administration and everything connected with it. They never fail to fail in judgment.
judyinnm wrote on August 30, 2007 12:06 PM:It's pathological - they lie, even when the truth would do, just as well. Up to, and including lying about whether Gonzo was resigning - denying it, even though the letter had already been delivered....
anonoman wrote on August 30, 2007 12:39 PM:The conspiracy to use immigration prosecution numbers to cover the true motive for the USA firings extends to Congress members. Rep. Issa released a statement:
Former U.S. Attorney Carol Lam to Testify at Subcommittee Hearing on Removal of Seven U.S. Attorneys - March 5, 2007 -
http://issa.house.gov/index.cfm?FuseAction=PressOffice.View&ContentRecord_id=435&CFID=16888&CFTOKEN=22569094
"...her office neglected border crimes – particularly prosecuting the foot soldiers of alien smuggling cartels...."
Issa also released false information to the press. The timeline of these events is revealing:
May 5, 2006 - CIA director Goss resigns.
May 10, 2006 - Lam notifies DoJ she planned to serve search warrants on Kyle Foggo, who resigned two days earlier as No. 3 official at the CIA.
May 10, 2006 - HHS Seeks to terminate USG payments to Tenet Healthcare.
May 11, 2006 - Kyle Sampson e-mails deputy White House counsel William Kelley, re "the real problem we have right now with Carol Lam ....
May 11, 2006 - LA Times reports Cunningham probe expanded to include CA Republican, then-House Appropriations Committee Chairman Jerry Lewis.
May 12, 2006 - FBI agents seizes records from Foggo's CIA offices and his suburban Vienna, Va.
May 17, 2006 - Tenet Healthcare Agrees to Divest Alvarado Hospital
May 18, 2006 - Rep. Darrell Issa (R-CA) provides false information to AP that Lam has prosecuted only 6% of 289 suspected immigrant smugglers.
More on the Medicare aspect of the USA firings at:
Anonymous wrote on August 30, 2007 12:43 PM:US Attorney Firing: Voter Fraud, Medicare Fraud, WHICH IS IT ???
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x853813
They will be picking a new VP soon. I have told you all that Rove wasgoing, then he went. I told you all Gonzales was going and he went. I am now telling you Cheney is going. 2 and 1/2 weeks is the time frame. Cheney is next. The deal has been made, Bush has to chop off his "right arms" to spare himself. This is how Impeachment came off the table. Washington backroom politics are at work here and I feel it is my responsibility to "turn on the lights". This horrible dirty deal protects democrats from backlash and protects Bush from ever being held accountable. It is a win-win for politicians and as usual a great big loss for America as a whole. Watch it unfold people, Then remember these posts. They will be the only glimpse I ever give you. While exposing this crooked deal here with no name is a risk I can take, I will never let myself be known. It is not safe or wise to go against these people.
BluestateRedhead wrote on August 30, 2007 12:48 PM:This madness must be Gonzo Gonzo's parting gift. After all, there is no one left to promote him. Perhaps it is a way to offer him the kind of comfort he tried to give to Goodling.
Scott L wrote on August 30, 2007 1:17 PM:Snark aside, does this suggest to anyone that it is a sign that he has received a clean bill of health from the inspector general. If so, the other surprise departures would be by people who have not....
This guy must be related to Tony Snow.
parrot wrote on August 30, 2007 1:50 PM:Perhaps the Congress should pass a law making it perjury for the DOJ spokesman to knowingly lie about personnel and other legal matters to the American public? It is sad when we have to have laws about this...but it is clear that abuse of power is on the rise as well...and laws that limit the speech of government officials to the truth might be wise. I suppose the question would be who might have standing to have discovery in a case where the DOJ spokesfolks are thought to have lied to protect those in power...short of impeachment, that is.
Frankly, I wouldn't mind seeing Brian Roehrkasse impeached...might send a message to the rest of the lying thugs out there to straighten up...sigh...probably not...besides, the Dems are too frightened that they might have to put up with "frivilous" impeachments. The fact is...the Republicans have a willingness to use the laws and the Constitution to their advantage when it suits their political or emotional needs...while the Dems are scared to use much of their power at all to rein in the Tyranny the GOP has wrought on the Republic.
Wish the Dems weren't so afraid of the GOP's shadow...why not just go for broke and get the GOP declared a criminal enterprise? Where are the independent thinkers in the Republic on this? Are they simply shutup by the two party state?
V. Populi wrote on August 30, 2007 1:52 PM:"3) On March 5th, the Justice Department was scrambling to respond to news that Sen. Pete Domenici (R-NM) had phoned former U.S. Attorney David Iglesias shortly the 2006 elections about.."
Hey Paul Kiel, or Mr. Marshall,
You need to put the preposition 'before' into this sentence; it's pretty important to the meaning.
Everyone at TPMmuckraker does great work and many credit your hounding with the ouster of the AG. Keep up the muckraking, it's really working.
joejoejoe wrote on August 30, 2007 2:41 PM:In addition to being a dissembling d-bag Roehrkasse is also eager to place blame with the press for his own failings. See Justin Rood's profile of Roehrkasse from CQ.com from when Roehrkasse went from press secretary at DHS to Justice (he keeps failing upwards).
http://www.cq.com/public/20050811A_homeland.html
moondancer wrote on August 30, 2007 2:48 PM:Roehrkasse stays around long enough, who knows? Attrition could take him all the way to field marshall.
RB-Chicago wrote on August 30, 2007 3:52 PM:GOOD! He can go to the ICC in the Hague with the rest of these buffons!!!
LTO wrote on August 31, 2007 7:46 AM:Yet another clueless crony rises to the Peter Principalian glass ceiling.