Terminator In Chief

Normally, the Bush Administration does not subscribe to the "Buck Stops Here" theory of governance, but it looks like there may be a detour to the desk of the President with this one.

The New York Times, White House Said to Prompt Firing of Prosecutors and the Washington Post Firings Had Genesis in White House are both reporting that the White House was involved in the US Attorney purge. In fact, the White House originally wanted to fire all of the US Attorneys, according to the Times:

The White House was deeply involved in the decision late last year to dismiss federal prosecutors, including some who had been criticized by Republican lawmakers, administration officials said Monday.

Last October, President Bush spoke with Attorney General Alberto R. Gonzales to pass along concerns by Republicans that some prosecutors were not aggressively addressing voter fraud, the White House said Monday. Senator Pete V. Domenici, Republican of New Mexico, was among the politicians who complained directly to the president, according to an administration official.

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In early 2005, Harriet E. Miers, then the White House legal counsel, asked a Justice Department official whether it would be feasible to replace all United States attorneys when their four-year terms expired, according to the Justice Department. The proposal came as the administration was considering which political appointees to replace in the second term, Ms. Perino said.

Ms. Miers sent her query to D. Kyle Sampson, a top aide to Mr. Gonzales, the Justice officials said. Mr. Sampson, who resigned Monday, replied that filling so many jobs at once would overtax the department. He suggested replacing a smaller group, according to e-mail messages and other memorandums compiled by the Justice Department.

The Post provides details on how it was orchestrated:

The e-mails show that Rove was interested in the appointment of a former aide, Tim Griffin, as an Arkansas prosecutor. Sampson wrote in one that "getting him appointed was important to Harriet, Karl, etc."

Sampson sent an e-mail to Miers in March 2005 that ranked all 93 U.S. attorneys. Strong performers "exhibited loyalty" to the administration; low performers were "weak U.S. attorneys who have been ineffectual managers and prosecutors, chafed against Administration initiatives, etc." A third group merited no opinion.

At least a dozen prosecutors were on a "target list" to be fired at one time or another, the e-mails show.

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Sampson also strongly urged bypassing Congress in naming replacements, using a little-known power slipped into the renewal of the USA Patriot Act in March 2006 that allows the attorney general to name interim replacements without Senate confirmation.

"I am only in favor of executing on a plan to push some USAs out if we really are ready and willing to put in the time necessary to select candidates and get them appointed," Sampson wrote in a Sept. 17 memo to Miers. "It will be counterproductive to DOJ operations if we push USAs out and then don't have replacements ready to roll immediately.

"I strongly recommend that as a matter of administration, we utilize the new statutory provisions that authorize the AG to make USA appointments," he wrote.

By avoiding Senate confirmation, Sampson added, "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."

They expected a backlash and a plan to deal with it, dubbed Operation "Withstand Political Upheaval," as noted by the Times.

Via Talking Points Memo, who observed:

As has happened so many times in the last six years, the maximal version of this story -- which seemed logical six weeks ago but which I couldn't get myself to believe -- turns out to be true. Indeed, it's worse. We now know that Gonzales, McNulty and Moschella each lied to Congress. We know that the purge was a plan that began at the White House -- and it was overseen by two of President Bush's closest lieutenants in Washington -- Miers and Gonzales. Sampson is the second resignation. There will certainly be more.

Tags: News, Bush, Law, Politics, Attorneygate