User:Herschel Nachlis USA markup2

Second page of USA timeline markup

September, 2006: Griffin returns from active duty, begins working as Cummins assistant
Timothy Griffin, former aide to Karl Rove, returned from active duty, and began working as a special assistant to Bud Cummins.

September 13, 2006: Sampson emails Miers with list of Attorneys to be replaced
"Kyle Sampson emails to Harriet Miers a second list recommending nine U.S. Attorneys to be replaced. David Iglesias is not included as an attorney to be replaced. Regarding U.S. Attorney Bud Cummins (AR), Sampson writes that he is 'in the process of being pushed out.' Regarding the larger project of replacing U.S. Attorneys, Sampson writes, 'I am in favor of executing on a plan to push some USAs out... I strongly recommend that as a matter of administration, we utilize the new statutory provisions that authorize the AG to make USA appointments.' Sampson writes further that by avoiding Senate confirmation, 'we can give far less deference to home state senators and thereby get 1.) our preferred person appointed and 2.) do it far faster and more efficiently at less political costs to the White House.'"

Early October, 2006: Sen. Domenici calls Paul McNulty to discuss Iglesias
Senator Pete Domenici (R-NM) contacts Deputy Attorney General Paul McNulty sometime in the first week of October to discuss frustrations with U.S. Attorney David Iglesias (NM).

October 11, 2006: Bush passes voter fraud complaints to Gonzales
President Bush relayed complaints he had heard about lax voter fraud investigations to Gonzales, who, according to the Department of Justice, does not recall the conversation.

October 16, 2006: Rep Heather Wilson contacts Iglesias
"Rep. Heather Wilson (R-NM) calls David Iglesias to inquire about possible sealed indictments in the corruption investigation at least one state Democrat. U.S. Attorneys are legally prevented from discussing indictments under investigation. Iglesias is, in his own words, 'evasive and non-responsive to her questions. I say, 'Well, we sometimes do seal indictments for national security cases; sometimes we have to do them for juvenile cases.' And she was not happy with that answer. And the she said, 'Well, I guess I'll have to take your word for it.' And I said -- I don't think I responded -- 'Goodbye,' and that was the substance of that conversation.'"

Mid October, 2006: U.S. Attorney Charlton investigates Rep. Rick Renzi
In late October of 2006, two liberal blogs revealed, later confirmed by the Associated Press and the Washington Post, that U.S. Attorney Paul Charlton had opened an investigation into a land deal made by Rep. Rick Renzi (R-AZ) and a business partner James Sandlin. Days after this investigation came to light the New York Times reported that the Attorney's office had also opened an investigation into whether Renzi introduced legislation that benefited a military contractor who donated heavily to his campaigns and employs his father. Renzi was a top target of Democrats in the 2006 election and won a close election 51%-43%. Since Charlton's abrupt departure there has been little revelation as to the status of these investigations.

October 27, 2006: Domenici calls Iglesias at home
Senator Domenici calls David Iglesias at home. Senator Domenici asks to discuss widely reported corruption cases against local Democrats. Iglesias recalls, "And he said, 'Are these going to be filed before November?' And I said I didn't think so. And to which he replied, 'I'm very sorry to hear that.' And then the line went dead."

Rep. Heather Wilson
As of late 2006, David Iglesias was the U.S. attorney for New Mexico. Around this time, he received phone calls from both Sen. Pete Domenici (R-N.M.) and Rep. Heather Wilson (R-N.M.) regarding information about an ongoing political corruption investigation of a local Democrat, who he ultimately decided not to prosecute. Iglesias testified that he felt “leaned on” and “sickened” by the contacts.

Wilson’s actions appeared to violate House rules. Chapter 7 of the House ethics manual prohibits members from contacting executive or agency officials regarding the merits of matters under their formal consideration. House rules (see House rules) also state that if a member wants to affect the outcome of a matter in litigation, the member can file a brief with the court, make a floor statement, or insert a statement into the congressional record. Directly contacting officials to influence an ongoing investigation is not permitted.

In addition, House rules declare that a member may not even contact a prosecutor with the intent of simply requesting “background information” or a “status report” because the House believes that such requests “may in effect be an indirect or subtle effort to influence the substantive outcome of the proceedings.”

Lastly, Wilson’s conduct may have violated the requirement that members conduct themselves in a manner that “reflects creditably on the House.” In the past, then-House Majority Leader Tom DeLay (R-Texas) was admonished for asking an executive branch employee to engage in an activity having an “impermissible political purpose.”

On the basis of these potential violations, Citizens for Responsibility and Ethics in Washington (CREW) called for an Ethics Committee investigation into Wilson.

Sen. Pete Domenici
Following Iglesias’ allegation that Domenici pressured him about the pace of the investigation of a New Mexico Democrat, Domenici initially denied speaking to him. He stated “I have no idea what he’s talking about.” Later, however, he admitted calling Iglesias, stating “I asked Mr. Iglesias if he could tell me what was going on in that investigation and give me an idea of what time frame we were looking at.”

Domenici’s actions appear to have violated Senate rules. In a discussion of Senate Rule 43, the Senate Ethics Manual states that “[t]he general advice of the Ethics Committee concerning pending court actions is that Senate offices should refrain from intervening in such legal actions. . . until the matter has reached a resolution in the courts.” The manual also indicates that senators should not consult with an agency regarding any enforcement or investigative matter.

In a request for a Senate Ethics Committee investigation, CREW alleges that Domenici violated Rule 43 by pressuring Iglesias to “act quickly on a pending corruption investigation.” In addition, because Domenici made the call shortly before the November 2006 congressional elections, he may have violated the clause restricting members from contacting agencies on the basis of political considerations.

Late October, 2006: Iglesias added to list of Attorneys to be replaced
David Iglesias added to the Justice Department's list of U.S. Attorneys to be replaced, after complaints from New Mexico Republicans about his handling of voter fraud investigations.

November 3, 2006: U.S. Attorney Margaret Chiara asked to resign following election
"Michael Elston contacts US Attorney Margaret Chiara to inform her that the White House will contact her following the upcoming elections to request her resignation. Chiara writes, 'He could offer no explanation other than that I erroneosuyly assumed that good service guaranteed longevity because other USAs have been asked for their resignation without cause. In my case the service has [been] exemplary in a difficult district in addition to being an active contributor since appointment on 3 of the AG's subcommittees.'"

November 7, 2006: Wilson wins reelection
Rep. Heather Wilson wins reelection by 875 votes. David Iglesias had not filed an indictment in the corruption case.

November 7, 2006: Chiara emails Paul McNulty about her resignation
Chiara emails Paul McNulty: "As soon as the 'election dust settles,' I ask that you tell me why my resignation may be requested.... I need to know the truh to live in peace with the aftermath."

November 16, 2006: Plan for replacing Attorneys created
Sampson drafts a detailed "Plan for Replacing Certain United States Attorneys.

November, 2006: Rove learns of imminent firings
Sometime in November, 2006, Karl Rove learns of the imminent firings of at least eight U.S. Attorneys, according to an "associate" of his.

November 21, 2006: DOJ writes to White House on firings
Justice Department official Tasia Scolinos writes to Catherine Martin in the White House regarding a rationale for the firing. Scolinos claims, "The one common link here is 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."

November 27, 2006: Gonzales attends meeting on upcoming firings
Attorney General Gonzales attends an hour-long meeting regarding the upcoming firings of US Attorneys.

December 4, 2006: Gonzales writes to Miers about firing plans
Kyle Sampson emails Harriet Miers to about the firing plans. Sampson writes, "We would like to execute this on Thursday, Dec. 7." Referring to the fact that some United States attorneys are attending a conference in Washington, he writes, "We want to wait until they are back home and dispersed to reduce chatter."

December 7, 2006: Eight U.S. Attorneys fired
Just months after receiving new authority to replace U.S. attorneys without Senate confirmation, the Bush administration fired eight U.S. attorneys, mostly on December 7, 2006. The attorneys, all appointees of President George W. Bush, were: Bud Cummins, Kevin Ryan, Daniel Bogden, Carol Lam, David Iglesias, Paul Charlton, John McKay and Margaret Chiara. It later emerged that the attorneys were engaged in a number of public corruption investigations of Republican public officials or had refused to pursue investigations of Democrats that would have been beneficial to Republicans in elections.

December 15, 2006: Griffin named Cummins' replacement
Timothy Griffin is named as Bud Cummins' replacement as U.S. Attorney.

December, 2006: NM Republican Chairman visit WH to complain about Iglesias
Allen Weh, New Mexico's Republican party chairman, visits the White House. Weh expresses his frustration with David Iglesias directly to Karl Rove during a holiday party. Weh recalls asking Rove, "Is anything ever going to happen to that guy?" According to Weh, Rove responds, "He's gone."

Late December, 2006: Fired US Attorney asked to keep quiet
Michael Elston, the chief of staff to Deputy Attorney General Paul McNulty, called U.S. Attorney John McKay (WA). McKay said that Elston asked whether McKay would complain publicly about his firing: "He was offering me a deal: you stay silent and the attorney general won't say anything bad about you." Elston said he spoke with McKay, but denied McKay's claims about the nature of the conversation.

January 4, 2007: Harriet Miers resigns
Harriet Miers resigns as White House Counsel, effective January 31, 2007.

January 9, 2007: Legislation to preserve U.S. Attorney independence introduced
On January 9, 2007, Sen. Dianne Feinstein (D-Calif.) introduced the Preserving United States Attorney Independence Act of 2007 (S.214). The Act would repeal the provisions granted to the executive branch in March 2006 allowing the appointment of U.S. Attorneys without term limit. All interim U.S. attorneys are appointed by the Attorney General, without the need for Senate confirmation. The bill would re-instate a 120-day term limit for interim U.S. attorneys, and subsequent appointment authority of the district court to appoint a U.S. Attorney after the 120-day term expired, if no presidential appointee had been confirmed by then.

January 10, 2007: Iglesias asks to use Gonzales as a reference
David Iglesias wrote to Kyle Sampson to ask if he could use the Attorney General as a job reference, to which Sampson responded, "You can list the [Attorney General] as a reference- not a problem. Good luck."

January 11, 2007: Legislation introduced to ensure Senate participation in Attorney selection
"Senators Feinstein, Leahy and Mark Pryor (D-AR) introduced legislation to prevent the Attorney General's office from appointing U.S. Attorneys without seeking confirmation by the Senate. This marked the first public notice of concern with the recent change to the law governing the appointment of U.S. attorneys. The Senators wrote, "It has come to our attention that the Bush Administration is pushing out U.S. Attorneys from across the country under the cloak of secrecy and then appointing indefinite replacements without Senate confirmation."

January 18, 2007: Gonzales testifies, acknowledges firings
Attorney General Alberto R. Gonzales acknowledged the firings during a January 18, 2007 Senate hearing, but insisted all were for performance reasons, and were in no way inspired by political motives. He stated “What we're trying to do is ensure that for the people in each of these respective districts, we have the very best possible representative for the Department of Justice…I would never, ever make a change in a United States attorney for political reasons or if it would in any way jeopardize an ongoing serious investigation. I just would not do it.” "Alberto Gonzales testifies before the Senate Judiciary Committee.
 * In response to questioning by Sen. Diane Feinstein (D-CA), Gonzales does not deny that his office has asked U.S. Attorneys to resign in the last year. He testifies: 'But that happens in every administration, during different periods for different reasons... Some people should view that as a sign of good management.'
 * He also testifies: 'I would never, ever make a change in a United States attorney for political reasons or if it would in any way jeopardize an ongoing serious investigation. I just would not do it.'
 * And: 'I am fully committed, as the administration's fully committed, to ensure that, with respect to every United States attorney position in this country, we will have a presidentially appointed, Senate-confirmed United States attorney.'"

Early February, 2007: Battle, who made firing calls, resigned
The Justice Department official who made the calls firing all prosecutors, Michael Battle, the Justice Department official who made the calls to actually fire the prosecutors, resigned.

February 6, 2007: McNulty tells Judiciary committee that firings were "performance related"
The Senate Judiciary Committee met with the Justice Department about the firings, and Deputy Attorney General Paul McNulty to the Committee that that other than Bud Cummins, the firings were "performance-related."

Note: includes some extensive Griffin bio, but there's even more on his page
On March 28, 2007, Mary Lu Carnevale wrote in the Wall Street Journal's Washington Wire: "Today’s email release from the Justice Department shows that Senate Majority Leader Harry Reid along with Sens. Charles Schumer, Dick Durbin and Patty Murray zeroed in on the Griffin case in a Feb. 8 [2007] letter to embattled Attorney General Alberto Gonzales ... Among the questions: 'Why was Bud Cummins (bio) told to resign in June of 2006, when the other dismissed officials were told in December of 2006? Was the reason to give the replacement, Tim Griffin, a chance to become ensconced at the U.S. Attorney’s Office in Arkansas before making the appointment?'," Carnevale wrote.

The answer comes from the preceding: Although Griffin was still on active duty, serving in Iraq, he was already in play for the Arkansas post. This is clearly indicated by both the June 14, 2006, email cited above and the anonymously posted August 30, 2006, speculative blog entry at The Truth In Arkansas Politics.

June and July 2006 emails between Griffin and Goodling clearly show how Griffin's pre-nomination process was fast-tracked&mdash;or, as Griffin put it in a July 5, 2006, email (page 10) to Goodling, "movement on my front."

Griffin also wrote (page 10) "i havent said a thing to Bud Cummins." Goodling's response (page 11) was to tell Griffin "WHCO also asked me to remind you to continue to keep this close hold." "WHCO" was the White House Counsel's Office, which at the time was Harriet E. Miers.

Goodling emailed (page 18) Kyle Sampson on August 8, 2006, regarding a U.S. Senate confirmation problem and where to put Griffin before "we install him in Arkansas."

On August 24, 2006, Sean Murphy sent an email to Goodling and others which included the text (page 20) of an Arkansas Times article about Cummins' departure "in the next few 'weeks or months', but almost certainly by the end of the year" and which speculated on Cummins' successor. Griffin's name was discussed by the Times, citing "informed sources".

The article states that Griffin's "political work would likely get more attention - and Democratic opposition - in the Senate confirmation process" and that he would "have to endure some questioning about his role in massive Republican projects in Florida and elsewhere by which Republicans challenged tens of thousands of absentee votes. Coincidentally, many of those challenged votes were concentrated in black precincts."

On August 30, 2006, Goodling emailed (page 40) Scott Jennings et al. to inform them that the plan was to "bring Tim over to DOJ around Sept. 25, when he finishes at the Army ..." The plan (page 42) to appoint Griffin was well-timed, as he would complete active duty on September 25th, work a day at the White House, and then be appointed to the Justice Department on the 27th.

This was confirmed on September 8, 2006, when Sherry Mahoney, Justice Management Division, sent Goodling an email (page 43) stating that Griffin would "Work at WH on tues 26th and start at doj on wed 27th." Goodling responded (page 44) "Yes, one day here is enough."

On September 13, 2006, Goodling received an email (page 47) informing her that Griffin had been cleared by security for permanent status as "Counselor to the Assistant Attorney General DJES" with a salary of $142,900.

Apparently there was a question as to what Griffin's title "DJES" meant, as Goodling sent an email (page 48) September 13, 2006, in which she wrote "I have no idea what it stands for, but he's Counselor to the CRIM AAG technically, but will be detailed to the USAO in Arkansas after EOD'ing."

On September 13, 2006, Kyle Sampson emailed (page 53) Goodling a list he planned to send to Harriet Miers regarding the U.S. attorneys. Under section IV entitled "USA in the Process of Being Pushed Out" was "E.D. Ark. (Bud Cummins)."

Sampson also wrote (page 53) "I strongly recommend that, as a matter of policy, we utilize the new statutory provisions that authorize the AG to make USA appointments. ... By not going the PAS route, we can give far less deference to home-State Senators and thereby get (1) our preferred person appointed and (2) do it far faster and more efficiently, at less cost to the White House."

On September 27, 2006, Mahoney emailed (page 59) Goodling that Griffin was completing his paperwork "and advised us that he will be detailed immediately to a position in Arkansas."

On December 16, 2006, Aaron Sadler of the Arkansas News Bureau wrote that Griffin, a "former Republican political operative and top aide to President Bush was named late Friday [December 15, 2006] as interim U.S. attorney for the Eastern District of Arkansas", while Congress was on recess. Cummins was to resign the following Wednesday, December 20, 2006.

February 8, 2007: Fired Attorney says there were no previous "performance-related" issues with his office
U.S. Attorney for Nevada Daniel Bogden said that "To this date, no one from the department has previously identified any issues with my performance or the performance of my office."

February 9, 2007: Fired Attorney said his office had received positive reviews
U.S. Attorney for Seattle John McKay said that his office received positive reviews and that the Justice Department's argument citing "performance related" reasons for his dismissal is "unfair."

February 13, 2007: At least five fired Attorneys had received positive reviews
McClatchy Newspapers reported that at least five of the fired prosecutors "received positive job evaluations before they were ordered to step down."

February 14, 2007: Lam brings indictments the day before she resigns
The day before Lam left her position she brought multiple indictments on felony charges against Foggo and Wilkes. The investigation into Jerry Lewis is ongoing. The FBI was investigating potential criminal wrongdoing on the part of Rep. Gary Miller (R-CA) at the time of Lam's departure. Lam would have been in charge of leading the investigation at the Attorney's office had she not been fired.

February 15, 2007: Bogden investigates Rep. Gibbons
On February 15, 2007, the Wall Street Journal reported that Daniel Bogden was investigating the newly elected Governor of Nevada, former-Rep. Jim Gibbons (R-NV), for allegedly accepting unreported gifts and/or payments from a campaign contributor and earmark recipient, Warren Trepp. The investigation examined the relationship between the former congressman and Trepp between the years 1997-2007). The Journal did not report when the investigation was opened. Bogden was since removed from his position as U.S. Attorney.

February 16, 2007: Griffin says he won't seek Senate confirmation
Timothy Griffin announced that he would not attempt to garner Senate confirmation: "To submit my name to the Senate would be like volunteering to stand in front of a firing squad in the middle of a three-ring circus."

February 20, 2007: Elston explains Deparment's media strategy
"Michael Elston contacts U.S. Attorney Bud Cummins (AR). Cummins describes the conversation in an email to the other fired U.S. attorneys about an hour after the call: The essence of his message was that they feel like they are taking unnecessary flak to avoid trashing each of us specifically 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."

March 1 and March 5, 2007: Subpoenas issued to fired prosecutors
On March 1, 2007, the House Judiciary Committee issued subpoenas to four of the fired prosecutors (California’s Southern District’s Carol Lam, New Mexico’s David Iglesias, Arkansas’ Eastern District’s H.E. “Bud” Cummins, and Washington’s Western District’s John McKay). On March 5, additional subpoenas were issued to Daniel Bogden of Nevada and Paul Charlton of Arizona to testify before the House Judiciary Subcommittee on Commercial and Administrative Law. That week, the original four voluntarily chose to also testify before the Senate Judiciary Committee.

March 1, 2007: Domenici denies contacting Iglesias
Senator Domenici, when asked to respond to recent statements made by David Iglesias regarding pressure from unnamed members of Congress, responded "I have no idea what he's talking about."

March 4, 2007: Domenici acknowledges, regrets, calling Iglesias
Senator Domenici released a statement acknowledging that he called Iglesias, and saying that he regrets doing so.

March 5, 2007: Justice employee who made firing calls resigns
On March 5, 2007, Michael Battle, the executive director of the Executive Office for United States attorneys, resigned. Battle had personally made the calls firing several of the attorneys on December 7, 2006.

March 5, 2007: House subpoenas additional fired attorneys
The House Judiciary Committee issued additional subpoenas to two other fired attorneys.

March 5, 2007: Rep. Wilson acknowledges calling Iglesias, denies pressure
Representative Heather Wilson acknowledged that she called Iglesias, but denied pressuring him to speed up his investigations.

User:Herschel Nachlis USA markup3

External articles
Will Thomas, "U.S. Attorney Purge Timeline," Talking Points Memo, May 14, 2007.