User:Herschel Nachlis USA markup

HSN USA reorganization markup

Introduction

=Timeline=

2001-2002: All eight U.S. Attorneys are appointed
The White House appoints all eight U.S. Attorneys, who are sworn in on the following dates:
 * 10/18/01: David Iglesias (New Mexico)
 * 10/24/01: John McKay (Western Washington)
 * 11/02/01: Margaret Chiara (Western Michigan)
 * 11/02/01: Daniel Bogden (Nevada)
 * 11/14/01: Paul Charlton (Arizona)
 * 01/09/02: H.E. "Bud" Cummins III (Eastern Arkansas)
 * 08/02/02: Kevin Ryan (Northern California)
 * 11/08/02: Carol Lam (Southern California)

July-August 2002: Duke Cunningham and Mitchell Wade bribery contracts
On March 19, 2007, Think Progress reported on suspicious ties between the first contract that Mitchell Wade received and the purchase of a yacht for Duke Cunningham that may implicate White House officials in the congressman's corruption schemes. Wade's first contract was a one month $140,000 contract, July 15, 2002 to August 15, 2002, with the Office of the Vice President to provide office furniture and computers. Two weeks later on August 30, 2002, Wade purchased a $140,000 yacht for Cunningham with a cashier's check.

April 29, 2004: Sampson makes positive reference to David Iglesias
On April 29, 2004, Justice Department official and Gonzales aid Kyle Sampson refers to David Iglesias as a, "diverse up-and-comer; solid."

Late 2004, pre-election: Tim Griffin leads "vote-caging" scheme, according to the BBC
A 2004 BBC News report revealed that Tim Griffin, a former Karl Rove protégé and former research director for the Republican National Committee led a "vote caging" scheme to allegedly suppress the African-American vote in certain Florida districts in the 2004 election.

October 14, 2004: Hints of separate Republican email accounts
The first hint of Republican use of outside email accounts to conduct political business came in a small item buried in an October 2004 issue of U.S. News & World Report: "'I don't want my E-mail made public,' said one insider. As a result, many aides have shifted to Internet E-mail instead of the White House system. 'It's Yahoo!, baby,' says a Bushie."

Late November 2004, pre-election: Members of Congress begin contacting U.S. Attorneys regarding investigations
"Ed Cassidy, chief of staff for Representative Doc Hastings (R-WA), contacts U.S. Attorney from Washington John McKay following the 2004 gubernatorial election. Cassidy inquires whether McKay will pursue investigations of voter fraud. In later testimony (3/7/07), McKay recalls, "I stopped him and I told him that I was sure that he wasn't asking me on behalf of his boss to reveal information about an ongoing investigation or to lobby me on one, because we both knew that would be improper. He agreed that it would be improper and ended the conversation in a most expeditious fashion.""

Late 2004-early 2005: McKay contacted by Republicans about 2004 gubernatorial election
"Chris Vance, Republican Party Chairman of Washington, contacts McKay to voice complaints while the outcome of the 2004 Washington gubernatorial election is still in dispute. Vance claims to have felt impelled to call McKay as a fellow Republican, and recalls the policital atmosphere that spurred his call: "Republican activists were furious because they felt that you had a Republican secretary of state, a Republican county prosecutor in Norm Maleng and a Republican U.S. attorney, but still they saw the governorship slipping away, and they were just angry." Vance also speaks regularly with Karl Rove about the election, though the timing of these conversations is unclear. Sometime following the 2004 gubernatorial election, prominent Washington businessman Tom McCabe, disappointed with McKay's handling of voter fraud allegations, repeatedly contacts the White House to request McKay's firing."

Late December 2004: Gonzales and Sampson discuss the idea of replacing US Attorneys
"Alberto Gonzales, then White House counsel, discusses the idea of replacing all or some of the sitting U.S. attorneys with Justice Department official Kyle Sampson."

January 6, 2005: Rove inquires about prospective firings
"White House Deputy counsel David Leitch emails Kyle Sampson, then at the Justice Department. Leitch relays to Sampson questions from Karl Rove who, according to Leitch's colleague at the White House counsel's office Colin Newman, is curious 'how we planned to proceed regarding U.S. Attorneys, whether we were going to allow all to stay, request resignations from all and accept only some of them, or selectively replace them, etc.'"

January 9, 2005: Sampson further discusses prospective firings
"Sampson responds to Lietch's email. In his rejoinder, Sampson explains the traditional methods of U.S. Attorney replacement, including the behavior of recent administrations. Sampson writes, '[W]e would like to replace 15-20 percent of the current U.S. Attorneys -- the underperforming ones.... The vast majority of the U.S. Attorneys, 80-85 percent, I would guess, are doing a great job, are loyal Bushies, etc.' Sampson concludes the email saying, '[I]f Karl thinks there would be policitical will to do it, then so do I.'"

February 3, 2005: Gonzales confirmed as Attorney General
By a vote of 60-36, Alberto Gonzales is confirmed as U.S. Attorney General. Gonzales is sworn in on February 14th, 2005.

February, 2005: White House considers firing all 93 U.S. Attorneys
In February, 2005, White House Counsel Harriet Miers and Gonzales aid Sampson discussed firing all 93 U.S. Attorneys.

March 2, 2005: Sampson sends Attorney rankings to Miers
Kyle Sampson sent an email to Harriet Miers ranking all U.S. Attorneys, listing "loyalty to the President and Attorney General" among relevant criteria for evaluation. David Iglesias, U.S. Attorney from New Mexico, is listed as someone Sampson "recommended retaining."

June 6, 2005: Lam beings investigating Duke Cunningham
Lam began investigating Randy "Duke" Cunningham on June 6, 2005 after the San Diego Union-Tribune reported on the congressman's overvalued house sale to a connected defense contractor, Mitchell Wade. The investigation led to a series of revelations about Cunningham's misconduct as a government official that included that existence of a bribe "menu" matching the worth of earmarks Cunningham would insert into appropriations bills to bribe money a contractor could give to Cunningham. Cunningham and Wade plead guilty to multiple felonies and Cunningham was sentenced to eight years and eight months in prison, the longest sentence handed down to a sitting Member of Congress. Wade is still cooperating with prosecutors. The revelations in the case led Lam to open investigations into the defense contractor and Republican fundraiser Brent Wilkes, Wilkes' best friend and the number three at the CIA, K. "Dusty" Foggo, and then-Appropriation chairman Jerry Lewis (R-CA).

July 5, 2005: Pressure to fire McKay
"In a letter to Representative Doc Hastings (R-WA), Tom McCabe demands that Hastings 'ask the White House to replace Mr. McKay,' for not adequately pursuing the voter fraud allegations in the 2004 gubernatorial race. Hastings later confirms this but says, 'I flat out refused to do so, which [Hastings' chief of staff] Ed Cassidy told him in the bluntest of terms.'"

Midyear 2005: New Mexico Republican complains about Iglesias to White House
New Mexico Republican Party Chairman Allan Weh complains about U.S. Attorney David Iglesias (NM) to a White House liaison working for Karl Rove.

September 23, 2005: Sampson named Gonzales' Chief of Staff
On September 23, 2005, Kyle Sampson became Alberto Gonzales' Chief of Staff.

September 23, 2005: Senator Domenici contacts Gonzales about Iglesias
"Senator Pete Domenici (R-NM) contacts Alberto Gonzales to voice concerns about the performance of David Iglesias. Kyle Sampson and William Moschella, the Principal Associate Deputy Attorney General, are listed as in attendance."

October 20, 2005: 18 Republicans sign a letter critical of Lam
Eighteen Republicans, led by Rep. Darrell Issa (R-Calif.) signed a letter criticizing Lam for her "lax" handling of immigration cases. Among the signatories was Duke Cunningham, who was under investigation for corruption by Lam's office.

November 11, 2005: AG's office discusses eliminating court's role in appointing U.S. Attorneys
"William Moschella, Assistant Attorney General, writes to director of the Executive Office for US Attorneys Michael Battle and others that 'we support eliminating the court's role' in appointing interim U.S. attorneys, 'and believe the AG should have that authority alone.'"

November 18, 2005: Response to complaints against Lam drafted
"David Smith, Legislative Counsel for the Executive Office for US Attorneys, drafts a response to complaints aimed at the office of Carol Lam, the Southern District of California (SDCA). Smith writes, 'At the close of Fiscal Year 2005, SDCA had 385 alien smuggling cases pending against 454 defendants, which is the highest annual number of cases that office has ever had.' He continues, 'despite the fact that both the SDCA and the Department of Justice as a whole have numerous criminal priorities in addition to criminal aliens, from Fiscal Year 200 through Fiscal Year 2005, well over half of all criminal cases filed by SDCA were cases filed under just three statutes, the primary criminal alien statutes.' The final letter would be sent by William Moschella, Assistant Attorney General. It is unclear whether the letter is ever sent."

December 14, 2005: PATRIOT ACT provisions removing necessity for Senate confirmation of interim U.S. Attorneys inserted
"The USA Patriot Improvement and Reauthorization Act of 2005 comes out of conference. At some point during the conference, Brett Tolman, counsel to the Senate Judiciary Committee, added Section 502. The addition eliminates restrictions on the length of service for interim U.S. attorneys and allows future interim attorneys to serve indefinitely without Senate confirmation.

William Moschella, principal associate deputy attorney general, later tells McClatchy Newspapers that he pursued the change for the Justice Department 'without the knowledge or coordination of his superiors at the Justice Department or anyone at the White House.'"

January 9, 2006: Sampson advises Miers not to replace all U.S. Attorneys at once
"Kyle Sampson emails Harriet Miers, advising against replacing all U.S. Attorneys at once. Instead, Sampson suggests, 'a limited number of U.S. Attorneys could be targeted for removal and replacement, mitigating the shock to the system that would result from an across-the-board firing.' Sampson includes in the email a list of seven candidates to be considered for removal and replacement. The list includes U.S. Attorneys Margaret Chiara (MI), Bud Cummins (AR), Kevin Ryan (CA), and Carol Lam (CA). All of these Attorneys will eventually be fired."

Mid-January 2006: Cummins begins investigating Matt Blunt
In January of 2006, Cummins opened an investigation into "allegations that Missouri Gov. Matt Blunt had rewarded GOP supporters with lucrative contracts to run the state's driver's license offices." Cummins handled the case because the U.S. Attorney for Missouri recused themselves over conflict of interest concerns. Cummins states that he was told he would be fired in June as he was wrapping up the case. Cummins eventually brought no indictments against Gov. Blunt, the son of powerful Republican congressman Roy Blunt (R-MO). Cummins has since questioned whether he was fired for opening an investigation into a powerful Republican in a battleground state.

January 31, 2006: Sen. Domenici again contacts AGs office about Iglesias
"Senator Pete Domenici (R-NM) again contacts the office of the Attorney General to voice concerns about the performance of U.S. Attorney David Iglesias (NM). Kyle Sampson and William Moshella are listed as participating in the call."

March 2, 2006: PATRIOT ACT reauthorized
The USA Patriot Improvement and Reauthorization Act of 2005 is passed by the Senate.

March 9, 2006: PATRIOT ACT signed
The USA Patriot Improvement and Reauthorization Act of 2005 is signed by President Bush.

March 3, 2006: Sampson and Goodling given authority to fire political appointees by Gonzales
"Gonzales signs a secret order granting Kyle Sampson and Monica Goodling broad discretionary powers to hire and fire political appointees (although this does not give them powers over the US Attorneys)."

March, 2006: WH given power to replace U.S. Attorneys
PATRIOT Act reauthorization passes with provision allowing appointment of US attorneys without Senate confirmation.

April 4, 2006: Sen. Domenici calls AG for a third time to complain about Iglesias
"Senator Pete Domenici (R-NM) calls the office of the Attorney General for a third time to voice concerns about the performance of U.S. Attorney David Iglesias, and to question whether Iglesias is up to the job. Kyle Sampson, William Moschella and Monica Goodling participate in the call."

April 27, 2006: Griffin emails Sampson
"Timothy Griffin, former Opposition Research Director for Karl Rove, emails Kyle Sampson. Griffin includes in his email a letter of recommendation from US Attorney Bud Cummins, writing, 'Kyle, this might also be helpful. It is a letter written by the current Attorney, E.D. Arkansas, Bud Cummins, to me after my tenure there as a Special Assistant U.S. Attorney. Just thought you should have it. Thank you, Tim.'"

May 5, 2006: Porter Goss resigns following controversy over CIA Executive Director, Foggo
"Porter Goss, director of the CIA, resigns unexpectedly, amidst controversy surrounding his chosen CIA Executive Director, Kyle 'Dusty' Foggo. The Wall Street Journal reports that Foggo is under investigation as part of the ongoing San Diego/Cunningham scandal. The office overseeing the investigation is that of U.S. Attorney Carol Lam.

May 8, 2006: Foggo resigns
Kyle "Dusty" Foggo resigns from the CIA.

May 10, 2006: Lam tells DOJ she intends to serve search warrants on Foggo
On May 10, 2006, Lam told the Justice Department she intended to serve search warrants on Foggo, who had just resigned his post at the CIA.

May 11, 2006: Lam expands investigation; Sampson works on firing Lam
On May 11, the Los Angeles Times reported that Lam's investigation into Cunningham had spread to Rep. Lewis. That same day, Kyle Sampson, Gonzales' chief of staff, wrote in an e-mail to the White House about "the real problem we have right now with Carol Lam that leads me to conclude that we should have someone ready to be nominated on 11/18, the day her 4-year term expires."

May 12, 2006: Federal agents search Foggo's home
Federal agents working on the San Diego/Cunningham investigation execute search warrants on the home and office of Kyle "Dusty" Foggo.

May 12, 2006: Sampson mentions discussing Tim Griffin to Miers
Sampson also mentions to Miers a need to discuss "Tim Griffin for E.D. Ark."

May 18, 2006: AP and Rep. Issa reveal that Lam did not prosecute immigrant smugglers
"The Associated Press claims that the office of Carol Lam has prosecuted only 6% of 289 suspected immigrant smugglers for that crime in the previous year. The evidence comes from Representative Darrell Issa (R-CA), who says it is an internal Border Patrol report from August, although AP acknowledges that it is 'unclear' who wrote it.

May 19, 2006: Issa report discredited
"The Chief of the US Border Patol, San Diego Sector, contacts Carol Lam. He informs her that the report held by Rep. Issa is an old internal Border Patrol document,relating only to a single substation. The document has been susbtantial altererd and passed off as an official report. Further, many of the comments to which Rep. Issa referred are 'editorial comments inserted by an unidentified individual, and they were not approved by or ever seen by Border Patrol Management.' Lam passes these comment along to the Justice Department, saying 'In light of previous media interest in this issue there is a possibility that the disclosure that the report is not genuine could generate substantial media interest.' Rep. Issa appears on Lou Dobbs Tonight and decries Lam's immigration record."

May 31, 2006: Sampson inquires about pressuring Lam
In an email Sampson asks, "Has ODAG ever called Carol Lam and woodshedded her re immigration enforcement? Has Anyone?"

June 5, 2006: Bud Cummins asked to resign
Mike Battle, director of the Executive Office for U.S. Attorneys, calls U.S. Attorney Bud Cummins (AR), asking him to resign. Cummins, in seeking an explanation, paraphrased Battle as saying "This is entirely about the administration's desire to give somebody else the opportunity."

June 5, 2006: McNulty suggests firing Lam
William Mercer writes Paul McNulty to discuss publicity around the immigration prosecution records for Souther California. Of the four options, three recommend getting rid of Lam.

June 13, 2006: Plans to nominate Griffin in place before his return to Iraq
"Although Griffin was on a one-year military leave from the White House, mobilized on active duty beginning in September 2005 [8], a June 13, 2006, email from Natalie Voris, (USAEO-U.S. Attorney Equal Opportunity), cited by Monica Goodling, shows (page 41) that plans to nominate Griffin to a new Justice Department post upon his return from duty in Iraq were well underway: 'As requested, attached is the pre-nomination paperwork for John Timothy Griffin ... I have included a past WH Questionnaire to provide you with additional information about Mr. Griffin.'"

June 20, 2006: Bush nominee to US Postal Board of Governors wants to discuss U.S. Attorney situation
"Scott Jennings, deputy to Karl Rove, emails the Justice Department's liaison to the White House Monica Goodling. Jennings informs Goodling that Mickey Barnett, the President's nominee for the US Postal Board of Governors, would like to meet, 'with someone at DOJ to discuss the USATTY situation there.' Goodling agrees to arrange a personal meeting with Barnett because the matter is considered 'sensitive.'"

June, 2006: Bud Cummins told to resign
In June, 2006, Bud Cummins was told to resign

June 21, 2006: Prominent New Mexico Republicans meet with Goodling about Iglesias
Mickey Barnett and Pat Rogers, both prominent Republican attorneys in New Mexico, meet with Monica Goodling to vent frustrations about U.S. Attorney David Iglesias' handling of voter fraud investigations.

August 1, 2006: Lam meets with Issa to explain prosecutions
"Carol Lam meets Rep. Issa for the first time to discuss border investigations. Lam explains that her office must, 'make a choice -- prosecute the coyotes who are smuggling but not endangering anyone, or the rapists and murderers who are coming back to rape and murder again.' Regarding immigration investigations, Lam explained that because her office had focused on delivering larger sentences for serious offenders, 'The statistics show that we have, in fact,achieved significantly higher average sentences in our immigration cases; the cost was that our immigration trial rate more than DOUBLED (from 42 trials in 2004 to 89 trials in 2005) and we had to reduce the number of low-end coyote cases we filed.' According to Lam, 'We left on very cordial terms without any request for follow-up information.'"

August 18, 2006: Sampson, Goodling, and Scott Jennings meet about dismissing Cummins
Justice Department officials Kyle Sampson and Monica Goodling discuss with Scott Jennings how they might sidestep Arkansas' two Democratic senators when replacing U.S. Attorney Bud Cummins.

August 23, 2006: Sen. Feinstein receives information about Lam's immigration prosecutions
Sen. Dianne Feinstein (D-CA) received a letter from the Justice Department regarding Carol Lam, which details that Lam's office had committed half of her attorneys to immigration cases, satisfying the interests of the Justice Department.

Late summer, 2006: McKay asked by White House about prosecutions prior to 2004 election
"U.S. Attorney McKay met with Harriet Miers and deputy White House counsel William Kelley to interview for a federal judgeship. According to later testimony, McKay recalled that he was asked to explain 'criticism that I mishandled the 2004 governor's election.' McKay did not attribute the question to an individual, but did say it was not Miers who asked."

User:Herschel Nachlis USA markup2

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