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Senate Democrats want to take back attorney general's power to replace U.S. attorneys
North County Times ^ | 17 Jan 2007 | LAURIE KELLMAN

Posted on 01/17/2007 4:36:29 AM PST by radar101

Senate Democrats want to take away Attorney General Alberto Gonzales' power to replace U.S. attorneys who fall out of favor and return that authority to federal district judges.

Democratic Sens. Dianne Feinstein of California and Mark Pryor of Arkansas complained Tuesday that the White House is using an obscure provision in the newly reauthorized USA Patriot Act to reward Republican political allies with jobs as federal prosecutors.

"The Bush administration is pushing out U.S. attorneys from across the country under the cloak of secrecy and then appointing indefinite replacements," Feinstein said.

"It appears that the administration has chosen to use this provision, which was intended to help protect our nation, to circumvent the transparent constitutional Senate confirmation process to reward political allies," Pryor said in the joint Democratic statement.

Not true, Gonzales told The Associated Press.

"We are fully committed to ensuring that with respect to every position we have a Senate-confirmed, presidentially appointed U.S. attorney," Gonzales told editors and reporters during an interview Tuesday.

"We in no way politicize these decisions," he added.

U.S. District Court judges, Gonzales said, tend to appoint friends and others not properly qualified to be prosecutors.

Better that judges do the hiring than the White House, say Democrats, who have introduced legislation to return the appointment process to the courts.

The subject is headed for a public airing Thursday when Gonzales appears before the Senate Judiciary Committee for its first oversight hearing of his department since the Democrats took control of Congress.

At issue is whether the administration is using an obscure provision in the terrorism-fighting USA Patriot Act to oust federal prosecutors and replace them for the duration of the Bush administration with White House allies.

The intent of the law was to ensure continuity of law enforcement when federal prosecutors are lost in terrorist attacks or other crises. Under it, the attorney general would be permitted to appoint replacements, indefinitely, without Senate confirmation.

In the year since the reauthorization took effect, 11 federal prosecutors have resigned or announced their resignations -- some at the urging of the Bush administration, Gonzales said. He described a range of reasons for ousting sitting U.S. attorneys, from their job performance to their standing in their communities, and noted that federal prosecutors serve at the pleasure of the president.

Gonzales repeatedly cited the Patriot Act when discussing the replacements, but twice refused to say when asked whether any of the personnel changes at issue pertained to national security.

But he stressed that anyone named to replace the departing prosecutors have their jobs only temporarily, pending Senate confirmation. His comments encouraged some Democrats.

"That's good news, if that's the case," Pryor said in a telephone interview later Tuesday. But he stood by his assertion that in his state, the Justice Department improperly ousted U.S. Attorney Bud Cummins and replaced him with Tim Griffin, a protege of Bush adviser Karl Rove.

Feinstein, meanwhile, complained on the Senate floor Tuesday that U.S. Attorneys Carol Lam of San Diego and Kevin Ryan of San Francisco were ousted from their positions for political reasons. Lam prosecuted and obtained the conviction of former Rep. Randy "Duke" Cunningham, R-Calif.


TOPICS: Crime/Corruption; Culture/Society; Government; Politics/Elections
KEYWORDS: ag; gonzales
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To: Mo1

Oh my goodness. But they had no problem when Clinton fired all the US attorney generals. Hypocrites.


21 posted on 01/17/2007 5:48:32 AM PST by Peach (The Clintons pardoned more terrorists than they captured or killed.)
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To: radar101

This country is lost. Every nook and cranny of the Federal Government is being overtaken by extremely partisan politics.


22 posted on 01/17/2007 5:56:13 AM PST by Bryan24 (When in doubt, move to the right....)
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To: Mo1

Thank you, Mo .. you're our congressional watchdog!


23 posted on 01/17/2007 6:49:37 AM PST by STARWISE (They (Rats) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: Bryan24

And the nookd and crannies that are not overtaken are being ridiculed and/or demonized so that decent people look away in disgust.

If one own enough tinfoil, one would be tempted to think some of it might be deliberate....


24 posted on 01/17/2007 6:54:39 AM PST by pinz-n-needlez (Jack Bauer wears Tony Snow pajamas)
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To: Mo1

Well...the Dems never quit letting us all know that what was good for Clinton is NOT good for Pres. Bush...


25 posted on 01/17/2007 7:06:26 AM PST by Txsleuth (FREEPATHON TIME-Please become a monthly donor, or Dollar a Day donor.)
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