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San Jose Mercury News

Senate Should Oversee Prosecutor Confirmations

Feinstein Bill Can Restore Trust Tarnished By Attorney General

March 20, 2007

In reauthorizing the USA Patriot Act last year, Congress gave the president the power to appoint U.S. attorneys indefinitely, without Senate confirmation.

That was a mistake. This week, the Senate should pass Sen. Dianne Feinstein's legislation to reassert its authority over confirmations. Daily revelations about the politically motivated firings of eight U.S. attorneys indicate that this White House can't be trusted to respect prosecutors' independence.

The saga created by inept and dissembling Attorney General Alberto Gonzales has led to the focus on the Patriot Act. Last year's amendment was intended to permit quick replacement of U.S. attorneys after a terrorist attack. It allows them to serve indefinitely without Senate confirmation.

But it didn't take long for this provision to be exploited for strictly political purposes. Memos leaked to the New York Times and the Washington Post show that Gonzales' chief of staff worked with others in the White House to devise a plan to oust U.S. attorneys they determined were not loyal enough or were guilty of investigating too many Republicans on allegations of corruption.

According to a memo from Gonzales' chief of staff, replacements then could be named without facing the checks and balances of Senate confirmation, which would mean "less deference to home state senators and thereby get 1.) our preferred person appointed and 2.) do it faster and more efficiently at less political costs to the White House."

Presidents have the authority to appoint and dismiss U.S. attorneys at will. President Clinton fired all 93 shortly after he was sworn in. But the replacements went through Senate confirmation, which at least ensured a nominee's qualifications. And, until now, presidents and attorneys general have preserved prosecutors' independence and integrity by not interfering with ongoing investigations.

The recent firings have taken place midway through President Bush's second term. And Gonzales has unsuccessfully bobbed and weaved about the reasons behind the firings. At first he testified before the Senate Judiciary Committee that the firings were not political, although the first U.S. attorney who was fired in June 2006 was replaced by a special assistant to presidential adviser Karl Rove. Then the firings were tied to "performance-related" issues, even though some of the eight had strong evaluations. Most recently, Gonzales said they were dismissed because he had lost confidence in them.

The abuse of power has left us without confidence in Gonzales. The abuse of the law should be dealt with by passage of Feinstein's amendment.

 

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