Prosecutors fired for not toeing line, ex-aide says

Justice Department misinformed Senate

March 29, 2007|By Richard B. Schmidt and Richard Simon | Richard B. Schmidt and Richard Simon,LOS ANGELES TIMES

WASHINGTON -- The former Justice Department official who orchestrated the firing of eight U.S. attorneys last year plans to tell Congress today that such dismissals are appropriate when prosecutors prove ineffective from "a political perspective."

In his first public remarks on the firings, Kyle Sampson says the process of identifying underperforming U.S. attorneys "was not scientific nor was it extensively documented," according to testimony prepared for delivery to the Senate Judiciary Committee.

None of the prosecutors was asked to resign for "improper reasons," a copy of Sampson's statement obtained by the Los Angeles Times notes, but an unusually broad standard was used to decide what were proper grounds for dismissing them.

"The distinction between `political' and `performance-related' reasons for removing a United States attorney, is, in my view, largely artificial," Sampson says, noting that a U.S. attorney who falls down on the job from a political perspective is "unsuccessful."

Sampson will be the first witness in a widening congressional investigation into the firings - a probe that has become a test of the Democrats' ability to scrutinize Bush administration policies.

His testimony also is expected to go a long way toward deciding the fate of Attorney General Alberto R. Gonzales, whose two-year tenure has been imperiled by questions about his role in the dismissals. Gonzales is scheduled to appear before the panel April 17.

Sampson resigned as Gonzales' chief of staff March 12, the day before the release of e-mails between the Justice Department and the White House detailing a two-year effort to remove U.S. attorneys who had fallen out of favor. One of his jobs was to identify prosecutors whom the administration might want to replace.

Sampson, who will testify under oath, is expected to provide the most detailed view yet from inside the administration of the politically charged affair. Another aide to Gonzales, Monica Goodling, said this week that she would invoke her right against self-incrimination rather than appear before the panel.

"Kyle Sampson was at the center of all this," Judiciary Committee member Charles E. Schumer said yesterday. "If you want to find out what happened, Kyle Sampson's a very, very good place to start."

The New York Democrat, who is leading the investigation, said that the full story may not be known until the panel hears from other witnesses. Sampson's lawyer has said that the decision to oust some U.S. attorneys was well-known among senior officials in the White House.

Meanwhile, Democrats and the Bush administration remained at odds yesterday over the terms under which several officials, including political strategist Karl Rove, would appear before congressional committees. Documents released yesterday by the Justice Department raised further questions about whether Sampson and the White House tried to mislead Congress about the part Rove played in replacing the prosecutors.

The documents showed that Sampson was involved in reviewing and preparing a Feb. 23 Justice Department letter to Congress that detailed how Timothy Griffin, a former aide to Rove, was selected to be the U.S. attorney in Little Rock, Ark. H.E. "Bud" Cummins III was fired from that post in order to make room for Griffin - a fact Deputy Attorney General Paul J. McNulty acknowledged in his Feb. 6 appearance before the Judiciary Committee.

That letter, which the latest documents show was reviewed by White House lawyers, said the Justice Department was unaware Rove had been involved in the decision to name Griffin to the job.

But an e-mail released earlier this month, dated Dec. 19, 2006, revealed that Sampson was aware that Griffin's appointment was "important" to both Rove and then-White House counsel Harriet E. Miers.

The Justice Department, in a letter to Congress yesterday accompanying the latest documents, acknowledged that "certain statements" in that Feb. 23 letter had been "contradicted."

Sampson, in his prepared testimony, says the White House first raised the prospect of replacing U.S. attorneys after President Bush was re-elected in 2004. He says that White House officials, whom he does not identify, suggested replacing all 93 prosecutors, but he believed that "less sweeping changes were appropriate."

Asked by Gonzales to oversee the process, Sampson says, he kept a list of U.S. attorneys to be replaced. As the selection process stretched over two years, the list changed "as new information was received and incorporated." Cummins was asked in mid-2006 to leave; seven other federal prosecutors were asked to resign in December.

While U.S. attorneys serve at the pleasure of the president, previous administrations have been disinclined to replace prosecutors whom they appointed unless there was evidence of misconduct.

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