US Attorney Firings
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Welcome to the Berkman Center Wiki for the March 14, 2007 U.S. Attorneys Firings panel discussion at Harvard Law School.
Co-Sponsored by the Cyberlaw Clinic at the Berkman Center for Internet & Society and OPIA/Heyman Fellowship Program
View the Event Flyer
Contents |
Listen to the Audio of the Panel Discussion
You can now listen to the audio of the Harvard Law School panel discussion here, courtesy of AudioBerkman at the Berkman Center.
Panel Discussion: U.S. Attorneys Firings: Presidential Prerogative or Partisan Purge?
This page documents a March 14, 2007 panel discussion featuring Harvard Law School Professor David Barron, current and former DOJ and House officials and other expert commentators discussing the controversial US Attorney firings and recent House and Senate hearings on the issue.
Moderator: James Flug, Senior Heyman Fellow in Residence and Covington & Burling Distinguished Visitor and Lecturer on Law, Harvard Law School
Panelists:
Professor David Barron, Harvard Law School
Ari Shapiro, Justice Reporter, Washington Desk, National Public Radio*
Stuart Gerson, former Acting Attorney General and former Assistant Attorney General, Civil Division, DOJ*
Bud Cummins (photo), former US Attorney for the Eastern District of Arkansas (2001-2006)*
Elliot Mincberg, Chief Counsel for Oversight and Investigations, House Judiciary Committee*
(*Indicates panelist was conferenced in by phone.)
When: 3:00-4:30 pm, Wednesday, March 14, 2007
Where: Pound 335, Harvard Law School
View the event flyer.
US Attorney Firings: Background
Summary
In June and December 2006, the United States Department of Justice, headed by Attorney General Alberto Gonzales, dismissed eight United States Attorneys (“U.S. Attorneys”). Critics of the firings allege that the dismissals were politically motivated, either out of a desire to appoint more U.S. Attorneys sympathetic to the current administration or as retribution for failure to pursue the Republican agenda. Amid these criticisms, Congress began an investigation into the U.S. Attorneys’ firings on March 6, 2007.
The dismissed U.S. Attorneys are: Carol Lam (Southern District of California), David Igelsias (District of New Mexico), H.E. (“Bud”) Cummins III (Eastern District of Arkansas), Paul K. Charlton (District of Arizona), John McKay (Western District of Washington), Kevin V. Ryan (Northern District of California), Daniel Bogden (District of Nevada), and Margaret Chiara (Western District of Michigan).
The controversy has led to many questions regarding the proper scope of the President's power to remove and appoint U.S. Attorneys. Recently, there have been calls for "good faith" type limitations on the removal of U.S. Attorneys, who currently serve at the pleasure of the President. Attorney General Gonzales has said that he would not oppose such limitations. In addition, critics have questioned the provision in the amended Patriot Act that removes the role of the Senate in filling the vacancies.
Timeline
- View a timeline of events in the controversy.
News Stories
- A "Who's Who" of the fired US Attorneys. Reported by NPR.org.
- Washington Post coverage page for the controversy
- March 26, 2007 Washington Post article on John McCay, "Ex-Prosecutor Says He Faced Partisan Questions Before Firing."
- March 26, 2007 Washington Post story, "White House Backs AG As Support Wanes.
- March 25, 2007 New York Times story, "For Gonzales, More Records, and Questions."
- March 23, 2007 New York Times story, "Gonzales Met With Advisers on Dismissals."
- March 21, 2007 New York Times Op-ed by former New Mexico US Attorney David Iglesias, "Why I Was Fired."
- March 20, 2007 Washington Post story, "Fitzgerald Ranked During Leak Case: Justice Dept. Fired 2 With Same Rating"
- March 19 Washington Post story reporting interview with former New Mexico US Attorney David Iglesias.
- March 17 New York Times story detailing events behind the firing of David Iglesias.
- March 19 Washington Post story, "Prosecutor's Firing Was Urged During Probe," regarding Carol Lam.
- March 16 New York Times story on Karl Rove's early (January 2005) inquiries regarding firing of U.S. Attorneys.
- March 15 New York Times story, "White House Now Unsure if Firings Were Miers’s Idea."
- March 14 New York Times story on President Bush's comments on the controversy.
- A list of related stories on NPR.org.
- March 13 reports from Washingtonpost.com.
- The story as reported by CNN.com.
- Schumer calls for Gonzales' resignation over the controversy. Reported in Washingtonpost.com.
- News on the fallout from Bud Cummins' email and Congressional testimony. Reported in Washingtonpost.com.
- New York Times editorial calling for further investigation.
- The DOJ response as reported by LAW.com.
- The Case Against Alberto Gonzales as reported by Andrew Cohen on Washingtonpost.com.
- President Bush's response to criticism as reported in the New York Times.
Other Information
- Testimony of Paul McNulty, Deputy Attorney General, before the Senate Committee on the Judiciary.
- The text of Bud Cummins' email to the other fired U.S. Attorneys. Reported in Washingtonpost.com.
- CRS Report for Congress summarizing US Attorney appointments.
- Conference Report on 2006 Patriot Act amendments.
- CREW ethics complaint against Senator Domenici and related press release.
- Information, news, and documents from the House Committee on the Judiciary website.
- Relevant provision of the U.S.A. Patriot Reauthorization Act, and the statute that it amended.
Multimedia
- March 19 NPR Talk of the Nation discussion, "Understanding the US Attorney Firings," featuring HLS Professor and former Clinton administration Deputy AG Philip Heymann and others.
- View the Senate Hearings by pasting this link into your compatible media player: rtsp://video.c-span.org/60days/e030607_judiciary.rm.
- Listen to Ari Shapiro's Report by clicking here.
- The story as reported by PBS.org with audio and video links.
- Video of Senators Schumer and Feinstein calling for Gonzales' resignation.
- Video of Karl Rove discussing the firings.
- Transcript of Rove discussion.
- NPR story on the 2003 ousting of the U.S. Attorney in Guam and possible links to an investigation of Jack Abramoff.
US Attorney Firings: Emails and Other Documents
White House/DOJ Emails
- March 24, 2007 New York Times story on additional, newly released emails, "For Gonzales, More Records, and Questions."
- March 21, 2007 Washington Post article, "Emails Reveal Tumult in Firings and Aftermath."
- New York Times story, "New E-Mail Gives Details on Attorney Dismissals," on 3000 new emails released by DOJ on 3/19/07.
- Many of the emails released on 3/19 are now available on the House Judiciary Committee website.
- Washington Post March 13 article "Gonzales Accepts Responsibility for 'Mistakes'", describing initial set of email exchanges and memos from the DOJ and White House staff regarding the effort to remove some U.S. attorneys. The emails are also available on the House Judiciary Committee website and other media outlets.
- March 14, 2007 Washington Post story on the White House-DOJ emails.
- Newly released documents, March 20, 2007.
US Attorney Firings: Congressional Subpoenas and White House Response
- House Judiciary Committee March 22, 2007 response letter to White House counsel's witness proposal.
- March 21, 2007 Washington Post story, "House OKs Subpoenas for Top Bush Aides."
Special Thanks to Berkman Center Clinical Program students Aaron Perez-Daple, Sheila Gogate, and Nick Bramble for preparing these background materials and creating the event wiki.
