Firing of U.S. attorneys has a disturbing stench



There's no question that U.S. attorneys who are political appointees work at the will of the president and can be terminated at any time, without cause. Indeed, it is not unusual for each administration to put its stamp on the Justice Department by bringing in new people.
However, the growing controversy over the firing of eight federal prosecutors has a political stench that deserves to be investigated by Congress. The administration has only itself to blame for what has transpired. It tried to finesse the action against the eight.
Justice Department officials contended that the terminations were the result of poor performance on the part of the U.S. attorneys -- this, after saying that the decision to let them go was not triggered by their job performances.
But then the employment records of the eight arrived on Capitol Hill, and what members of Congress found was that the individuals had received high marks for the way they carried out their responsibilities.
That was the key Democratic leaders in the Senate and House used to unlock the door to this sordid affair. And when they did, they found evidence of political machinations on the part of Justice Department higher ups and White House insiders.
Therein lies the problem. It's one thing for the president to be able to fire at will, but when the dismissals have the stain of politics, it is a different matter altogether.
Indeed, it is now known that President Bush personally talked to Attorney General Alberto Gonzales about concerns that were voiced to him by Republicans about the way some of the federal prosecutors were doing their jobs.
Several of the fired U.S. attorneys told the Senate Judiciary Committee that there was improper pressure on them by Republicans with regard to pending cases.
Resignation
The resignation of Kyle Sampson, the attorney general's top aide, and Gonzales' acceptance of responsibility for mistakes in the way the Justice Department handled the dismissals indicate that the administration does recognize the seriousness of what is unfolding.
Although Gonzales rejected a call for his resignation from U.S. Sen. Charles E. Schumer, D-New York, who is leading the probe into the firings, and other Democrats, it is incumbent upon him and other administration officials to participate in the congressional investigation.
When Republican members of Congress have no qualms about calling federal prosecutors to ask about the status of investigations, the question that arises is this: Were such calls made because of a belief that interference in activities that should be apolitical was somehow acceptable?
There is a related issue that should also be explored: The federal prosecutors who were fired said there was improper pressure on them by Republicans. Did anyone in the Justice Department or the White House know of such contacts by Republican legislators and others?
There is one good thing that has emerged from this controversy: the administration has agreed not to oppose a bill that would take away the attorney general's power to appoint interim U.S. attorneys for indefinite periods without Senate approval.
Finally, it is important to point out that the eight U.S. attorneys who were fired were appointed by President Bush. That, in itself, gives credence to the claim that refusal to play political ball, and not performance, was the reason for their terminations.