New details provided by the IG report released yesterday, gives definition to former U.S. Attorney Todd Graves' termination and paints a clear case for a politicized firing orchestrated by the office of Missouri Sen. Kit Bond (R).

Graves was the last U.S. attorney to be counted among those fired through the work of Kyle Sampson, chief of staff to Alberto Gonzales and Michael Battle, director of the Executive Office of the United States Attorney. His case differed from the others in many ways -- he was fired in January 2006, almost 11 months earlier than the other removed attorneys, and the circumstances around his dismissal were unclear.

But according to the report, Graves' removal was a result of multiple calls and emails from Bonds' legal counsel Jack Bartling, to members of White House Counsel -- who "kicked over" the complaints to the Justice Department.

Bond's problems with Graves' began in late fall of 2004. Bond's office had been having problems with another Missouri Congressman -- Rep. Sam Graves (R), U.S. Attorney Graves' brother. Between October and December 2004, a staffer from Bond's office reportedly called former U.S. Attorney Todd Graves to ask for his help in convincing his brother to fire his chief of staff. When Graves refused to intervene, the staffer told him "they could no longer protect [his] job," and hung up, according to the report.

Shortly after, in February 2005, Bartling began placing calls to the White House Counsel's office about Graves, pushing for a replacement. By the fall of 2005, the complaints had been passed to the Justice Department. In December, Bartling reached out again to Michael Elston, chief of staff to the deputy attorney general, who had interviewed Bartling when he had been applying for a position in that department.

In a call shortly before Graves' firing, Bartling asked Elston to, "'keep his ear to the
ground' to ensure that the Senator's role in requesting White House action on
Graves was not being disseminated within the Department," and make sure that Bonds name was never linked to Graves' ouster, the report states.

A little over a month later, Battle called Graves on January 24, 2006 to ask Graves for his resignation, acting on instructions from White House Liason Monica Goodling and using a speech similar to the one he would use with the other fired U.S. attorneys less than 11 months later.

While the IG report states that its investigation was significantly hindered by a number of witnesses refusal to cooperate and/or recall events, including that of Sampson, Goodling, members of the White House Counsel staff and Sen. Bond, it clearly states that they found Graves' firing to be directly a result of Bond's requests.

Acting on the report's findings, Citizens for Responsibility and Ethics in Washington filed an ethics complaint this afternoon against Bond, stating that Sen. Bond and his staff violated Senate rules prohibiting "improper conduct which may reflect upon the Senate."

The fact that a prosecutor has been named to continue the investigation into the firing of nine U.S. attorneys doesn't seem to faze former Attorney General Alberto Gonzales, who issued a statement yesterday expressing relief that the process was over.

"My family and I are glad to have the investigation of my conduct in this matter behind us, and we look forward to moving on to new challenges," Gonzales said in a statement yesterday.

But the investigation, led by the Department of Justice's Inspector General and the Office of Professional Responsibility might be far from "behind" Gonzales. Yesterday, Attorney General Michael Mukasey named Nora Dannehy, a Connecticut interim U.S. attorney, as a prosecutor in the firings. At the IG report's behest, Dannehy will continue the investigation and work of the OIG and OPR offices, but with the power to compel testimony.

Nevertheless, Gonzales and his attorney, George J. Terwilliger III seem to be operating in a cloud of denial.

The investigation "is clearly over as to him," Terwilliger is quoted as saying in the New York Times. "The inspector general after 18 months of investigation has basically concluded that the facts and circumstances regarding Judge Gonzales's activity do not include any unlawful conduct."

The IG report released today provides new details on the White House's involvement in the firings of U.S. attorneys, especially the administration's involvement in the firing of U.S. Attorney David Iglesias.

Prior to Iglesias' removal on Dec. 7, 2006, New Mexico GOP Sen. Pete Domenici had already made multiple complaints to Attorney General Alberto Gonzales about Iglesias. In addition, Mickey Barnett, a former GOP New Mexico state senator and a prominent lawyer, had met in Washington with DOJ White House Liason Monica Goodling to discuss his problems with Iglesias' handling of voter fraud cases.

But emails disclosed in the recently released IG report between Barnett, Domenici and White House political operative Karl Rove reveal that the complaints against Iglesias went beyond talks with the Justice Department, and that the White House was aware and involved in the removal of Iglesias from his post as U.S. attorney.

According to today's report, on October 2, 2006, Barnett e-mailed Karl Rove an article from a local paper expressing frustrations with the apparently stalled investigation into bribery of Democratic state Sen. Manny Aragon (NM).

In the email, Barnett blamed Iglesias' office for delaying the case against the Democratic lawmaker, something he had spoken to Goodling, Rove and Domenici about before, according to conversations detailed in the report. Specifically, Barnett and Rove had previously discussed "kick[ing Iglesias]. . . upstairs" as a way to get rid of him.

The October 2 email from Barnett to Rove again mentions the possibility of a "promotion" for Iglesias, and their face to face discussion of it the weekend before at a Republican fundraiser in New Mexico.

From page 173 of the report:

Karl,
This article confirms what I mentioned Saturday. An FBI agent told me more than six months ago that their investigation was done and been turned over to the US Attorney a long time ago. He said agents were totally frustrated with some even trying to get out
of New Mexico. I can put you or anyone you designate with lawyers knowledgeable about the US Atty office - including lawyers in the office - that will show how poorly it is being run.
Scott Jennings was kind enough to set up an appointment at the Justice Department several months ago where Pat Rogers and I laid all this out. I hope Justice can now be persuaded to send out some cracker jack prosecutor and perhaps promote Iglesias to a Justice department position.
We still await the results of the task force Iglesias convened about this time two years ago on the clear Acorn fraudulent voter registrations. We were told it would look to [sic] "political" to indict anyone that close to the election. Then we never heard anything else

Just a few weeks after Barnett's email, Domenici's chief of staff Steve Bell emailed Rove on Nov. 7, 2006, the day of mid-term Congressional elections complaining about ballot problems in a New Mexico precinct. Bell closed the email with the statement, "We worry about the USA here."

Rove responded just 32 minutes later stating, "I'd have the Senator call the Attorney General about this."

Exactly one month later, Iglesias was fired.

While the House is consumed by the failure to pass the bailout bill, several senators on the Judiciary Committee have had a chance to respond to the DOJ report on the U.S. attorney firings, released this morning. Here's a rundown on what some of them have said:

Judiciary chair Pat Leahy (D-VT) said in a statement: "This report might have told us even more if the investigation had not been impeded by the Bush administration's refusal to cooperate and provide documents and witnesses, just as they remain in contempt of Congress for failing to cooperate with the Judiciary Committee's investigation," Leahy said. "In this debacle as in others, the Bush administration's self-serving secrecy has shrouded many of their most controversial policies -- from torture, to investigating the causes of 9/11, to wiretapping."

Leahy also said he intended to look into former Attorney General Alberto Gonzales' testimony to Congress about the firings, for evidence of possible perjury. And he warned that if President Bush chose to pardon anyone ultimately convicted of a crime in connection with the firings, such a move would be seen by the nation as an admission of wrongdoing.

Sen. Arlen Specter (R-PA), the ranking minority member on the committee told reporters that there's no indication that the White House is planning such pardons, but said he'd be quick to push back if it did.

At a press conference, Sen. Sheldon Whitehouse (D-R.I.), a former U.S. attorney himself, questioned the effectiveness of the investigation to be led by federal prosecutor Nora Dannehy. He said that it's unclear whether Dannehy will have the power to subpoena White House officials, and whether her probe would focus narrowly on the question of whether a crime was committed by Gonzales and his deputies, rather than being able to look at a possible cover-up by the administration. Whitehouse asserted: "There is a cover-up, and it continues."

Whitehouse also singled out Mukasey for blame, noting that the DOJ's own Office of Legal Counsel has not cooperated with the report. "If he's willing to accept a White House cover-up, if he's willing to accept the inspector general being hindered, then we, I think, should have further questions of the attorney general," Whitehouse said.

Sen. Diane Feinstein (D-CA) , who received an anonymous tip in January 2007 that led to the investigation, wrote in a press release: "The Inspector General report released today confirms our worst fears, and makes it clear that this was a scandal that went to the highest levels of the Department of the Justice, and that the role of the White House was in fact prominent."

David Iglesias, the former US attorney whose dismissal was deemed the "most troubling" in today's IG report, says he still wants to see the full range of evidence about the White House's possible role in the firing. That includes all relevant emails and notes from meetings -- information the White House held back from the IG's investigators.

"That's the critical bit of information that we don't have right now," Iglesias told TPMmuckraker. He added: "I suspect that the information is going to have to be forced out of the administration."

Still, the former U.S. attorney said he feels vindicated by the report's conclusion that he was removed not because of managerial deficiencies but thanks to political pressure from the office of GOP senator Pete Domenici and New Mexico Republican activists. That conclusion "is consistent with what I've been saying all along," he said.

Iglesias stressed that he was heartened by the Justice Department's appointment of a prosecutor, Nora Dannehy, in the case. "I"m glad that DOJ is taking this seriously," he said.

Karl Rove's involvement in the U.S. attorney firings has always been questioned, but additional information on a March 2007 meeting mentioned in the Inspector General's report today suggests that at the very least, Rove and other White House officials played an active role in crafting the release of information on the firings to the public.

Shortly after the U.S. attorney removals, when the DOJ was grappling to explain the justification behind the firings, communications between Alberto Gonzales' former chief-of-staff, Kyle Sampson and White House officials increased.

With former Assistant Attorney General William Moschella's testimony before Congress fast approaching, a group of DOJ and White House officials convened on March 5, to discuss "what Moschella should say in his testimony about the removals," as well as whether to testify to the specific reasons for the removals of the U.S. attorneys.

The meeting was called by Deputy White House Counsel William Kelley and was attended by Sampson; Paul McNulty, the deputy Attorney General; Moschella; Michael Elston, McNulty's chief of staff; White House Counsel Fred Fielding; Michael Battle, director of EOUSA; Associate White House Counsel Michael Scudder, and perhaps most importantly -- Karl Rove.

From page 84 of the report:

According to several witnesses, Rove came in to the meeting for only a few minutes and then left. Battle said Rove spoke at the meeting but he could not recall what he said. McNulty said that he could not specifically recall either, but thought Rove said something to the effect that Moschella's testimony should explain why the U.S. Attorneys were removed. None of the witnesses said they could recall specifically what Rove said at the meeting, although all agree that the discussion generally centered on what Moschella should say about the reasons for each U.S. Attorney's removal.

John Conyers (D-MI), chair of the House Judiciary Committee, released a statement today calling for the appointment of a special prosecutor from outside the Justice Department, to continue to investigate the U.S. attorney firings.

"We assume that Attorney General Mukasey will heed the report's call for further investigation, including determining whether criminal offenses were committed, and urge him to appoint a special counsel from outside the Justice Department to work with the Inspector General so the investigation will have the credibility and independence that it needs," Conyers said in a statement this morning.

In addition, because of Congress' impending adjournment, Conyers called an HJC hearing for this coming Friday to discuss the issues raised in the recently released IG report.

The just-released IG report on the US attorney firings lists the removal of David Iglesias as the "most troubling" of the eight. But it notes that thanks to stonewalling by the White House, DOJ officials, and the office of Sen. Pete Domenici, investigators didn't have access to the complete range of information on the reasons for the firing.

The report concludes that Iglesias was removed as a result of complaints brought to DOJ by New Mexico GOP members of Congress and party activists, and shows that Karl Rove knew in advance of the decision. It reveals that at a meeting on November 15, 2006, Rep. Heather Wilson told Rove: "Mr. Rove, for what it's worth, the U.S. Attorney in New Mexico is a waste of breath." Rove's response: ""That decision has already been made. He's gone."

But it states that IG investigators were unable to determine how Rove knew this (Iglesias wasn't notifed until December 7), and what his possible role in the decision was, because Rove and White House counsel Harriet Miers refused to cooperate with the investigation.

Similarly, it notes that Kyle Sampson, who as chief of staff to Alberto Gonzales took the lead in bringing about the firings, gave "misleading after-the-fact explanations for why Iglesias was placed on the list." The report concludes: "[W]e question whether Sampson provided us the full story about Iglesias's placement on the list, as well as the reasons for other U.S. Attorney removals."

And: "Our investigation was also hindered by the refusal of Senator Domenici and his Chief of Staff to agree to an interview by us." (In April, Domenici, who is retiring this year, received a "qualified admonition" from the Senate ethics committee for his role in the firing.)

Looks like the across-the-board effort to withhold information from the IG investigators was perhaps at its most intense in regard to the Iglesias firing.

In a scathing statement released this morning, Sen. Patrick Leahy (D-VT) heralded the assignment of a prosecutor to the investigation into the removal of the U.S. attorneys stating "[p]erhaps a prosecutor can break down walls others cannot."

Leahy, who also chairs the Senate Judiciary Committee, is holding a press conference at noon to discuss the findings of the IG report released this morning.

"This report verifies what our oversight efforts this Congress showed, that partisan, political interests in the prosecution of voter fraud and public corruption by the White House and some at the Department played a role in many of these firings," Leahy said in a statement.

"These abuses are corrosive to the very foundations of our system of justice."

Read all of Leahy's statement after the jump.

Read more »

Attorney General Michael Mukasey has appointed Nora Dannehy, a federal prosecutor from Connecticut as prosecutor in the continued investigation of the removal of nine U.S. attorneys.

The appointment comes at the request of a report released today by the Department of Justice's Office of the Inspector General and the Office of Professional Responsibility.

According to her biography on the Justice Department webpage, Dannehy became an acting U.S. attorney in April of this year. Prior to her appointment, she served as an assistant U.S. attorney in the Connecticut District for 17 years and served as a Professional Responsibility Officer.

The IG report released today requests a special prosecutor to continue the work of the investigation into whether the nine U.S. attorneys removed in 2006 were fired for partisan political reasons.

From page 357 and 358 of the IG report:

The most serious allegation that we were not able to fully investigate related to the removal of David Iglesias, the U.S. Attorney for New Mexico, and the allegation that he was removed to influence voter fraud and public corruption prosecutions. We recommend that a counsel specially appointed by the Attorney General assess the facts we have uncovered, work with us to conduct further investigation, and ultimately determine whether the evidence demonstrates that any criminal offense was committed with regard to the removal of Iglesias or any other U.S. Attorney, or the testimony of any witness related to the U.S. Attorney removals.

Late update: The report also describes the stonewalling the investigation received in trying to gather information on the removals. Specifically, it mentions a "fact memo" created for Alberto Gonzales by the DOJ's Office of Legal Counsel, which outlined the events chronologically, using a draft written by Michael Scudder, associate White House Counsel. Investigators were refused the timeline by the OLC who claimed they were ordered not to release it by the White House Counsel's office.

From page 94 of the report:

We asked OLC for a copy of the memorandum and all the drafts, but OLC declined, stating that the White House Counsel's Office had directed OLC not to provide them to us. We thereafter engaged in discussions with the White House Counsel's Office during this investigation in an attempt to obtain the Scudder memorandum. The White House Counsel's Office agreed to read one paragraph of the memorandum to us, and provided us with two paragraphs of information concerning Rove that had already been reported publicly, but declined to provide any further information from the memorandum.
Eventually, the White House Counsel's Office provided us with a heavily redacted version of the document. We believe the refusal to provide us with an unredacted copy of this document hampered our investigation.

The Justice Department Office of the Inspector General has released its 392 page tome on its findings in the investigation into the removal of nine U.S. attorneys in 2006.

The report can be found here (pdf). We'll be digging through it all day, but since it's a monster of a report, we welcome you to sift through it and let us know in the comments section what you find.

We'll be bringing you updates throughout the day so stay tuned.

Alberto Gonzales, the former attorney general who oversaw the Justice Department during the firings of nine U.S. attorneys, won't be presently referred to a grand jury for his role in the affair, but a prosecuter will be appointed to continue investigating the involvement of the Bush administration and other law makers in the firings, according to Washington Post sources familiar with a report expect to be released today.

Attorney General Michael Mukasey is preparing to name a prosecutor from within the DOJ to continue the work of the Offices of Professional Responsibly and the Inspector General, the same sources told the Post.

The report, the product of more than a years worth of investigations into the attorneys' firings is expected out this morning. It is co-written by the DOJ Inspector General Glenn Fine and the OPR Director H. Marshall Jarrett.

We'll be bringing you more from the OIG report as soon as it's released today so check back for updates

The Department of Justice's Office of the Inspector General will on Monday morning release on its website its report into the firing of eight U.S. attorneys, according to David Iglesias, one of the former U.S. attorneys whose firing is at issue.

Iglesias told TPMmuckraker that he had been notified about the report's imminent release by Mark Masling, one of the investigators on the case. Iglesias said Masling told him that the report, which has been in the works since March 2007, is "very long" but wouldn't offer further details.

The probe, which centers on the firing of Iglesias and seven other U.S. attorneys, expanded to address allegations that a DOJ official, Monica Goodling, illegally took party affiliation into account in the hiring and firing federal prosecutors.

In July, Iglesias made some predictions about the reports conclusions, telling Harper's:

I expect them to conclude that there is sufficient evidence to show that former Attorney General Alberto Gonzales and former Deputy Attorney General Paul McNulty committed perjury in their statements before Congressional committees and investigators.