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Fired U.S. attorney: I felt 'leaned on'
By JENNIFER TALHELM, Associated Press Writer Tue Mar 6, 11:57 AM ET
WASHINGTON - A fired federal prosecutor told a Senate committee Tuesday that
he felt "leaned on" and sickened as Republican Sen. Pete Domenici
hung up on him in disgust last fall when told that indictments in a corruption
case against Democrats would not be issued before the fall elections.
"He said, 'Are these going to be filed before November?'" former federal
prosecutor David Iglesias, one of eight U.S. attorneys summarily fired in recent
months, told the panel. "I said I didn't think so. And to which he replied,
'I'm very sorry to hear that.' And then the line went dead."
The Bush administration also applied a heavy hand after the firings of eight
prosecutors became public and some of the dismissed U.S. attorneys had been
quoted in media, according to one of those ousted, Bud Cummins of Arkansas.
Cummins said in an e-mail released by the Senate Judiciary Committee that Mike
Elston, chief of staff to Deputy Attorney General Paul McNulty, had called and
expressed his displeasure that the fired prosecutors talked to reporters about
their dismissals.
"If they (DOJ) feel like any of us intend to continue to offer quotes to
the press, or organize behind the scenes congressional pressure, then they feel
forced to somehow pull their gloves off and offer public criticisms to defend
their actions more fully," Cummins said in the e-mail to five other fired
prosecutors.
Iglesias said he received the call at home on Oct. 26 or 27th and that it lasted
two minutes, "tops."
"I felt leaned on. I felt pressured to get these matters moving,"
Iglesias testified.
Asked by Sen. Chuck Schumer, D-N.Y., whether such a call was unusual in Iglesias'
experience, the former prosecutor answered, "Unprecedented."
Six of eight prosecutors fired by the Department of Justice in recent months
were expected to appear before House and Senate panels — all six under
subpoena before the House, four voluntarily in the Senate. Justice officials
have said most of the eight were dismissed for performance-related issues, an
allegation those testifying staunchly denied.
Cummins' e-mail also shed light on the way some of those who were fired saw
the dismissals. If they voluntarily agreed to testify before Congress, "they
would see that as a major escalation of the conflict meriting some kind of unspecified
form of retaliation," Cummins wrote in the Feb. 20 e-mail.
Justice Department spokesman Brian Roerkasse denied that Elston ever had any
conversations with the U.S. attorneys about "what they should or should
not say to the press."
"No conversation like that ever happened," Roehrkasse said.
Democrats accuse the Bush administration of firing the prosecutors to make room
for Republican allies and using a new provision of the Patriot Act to install
new U.S. attorneys without going through the Senate confirmation process.
Attorney General Alberto Gonzales has denied that charge and said he intends
to submit all of the names of his appointees to the Senate confirmation process.
At least one Republican said he isn't sure that the agency acted properly.
"If the allegations are correct, then there has been serious misconduct
in what has occurred in the terminations of these United States attorneys,"
Sen. Arlen Specter of Pennsylvania said. He cautioned his colleagues to withhold
judgment on the mass firings and the charges of cronyism leveled against the
Justice Department.
But as a former district attorney in Philadelphia, he was clearly troubled by
reports that two lawmakers — Domenici and Rep. Heather Wilson, both New
Mexico Republicans — contacted their state's U.S. attorney about a pending
case. Domenici and Wilson have acknowledged making the calls, but denied placing
political pressure on prosecutor David Iglesias.
"United States attorneys have to be allowed to do their job in an unfettered
way," Specter said.
For their parts, six former U.S. attorneys said they got little or no information
about why they were fired.
Domenici had complained repeatedly to high-level Justice Department officials
about New Mexico prosecutor David Iglesias, the department said. Wilson said
that she, too, had spoken with Iglesias about "the slow pace" of federal
corruption probes in the state.
Iglesias told the panel he received a call from Wilson about two weeks earlier,
in which she asked him about sealed indictments — a topic prosecutors
cannot discuss. Wilson's question "raised red flags in my head," Iglesias
said.
"I was evasive and nonresponsive to her question," Iglesias told the
panel, saying he talked generally about why some indictments are sealed. "She
was not happy with that answer. And she said, 'Well I guess I'll have to take
your word for it." The call ended almost immediately, Iglesias said.
Asked by Schumer if he felt pressured by that call, Iglesias replied: "Yes
sir, I did."
Like Domenici, Wilson denied pressuring the New Mexico prosecutor. She said
earlier Tuesday she had called Iglesias because she had received an allegation
"by a constituent with knowledge of ongoing investigations" that he
"was intentionally delaying corruption prosecutions." She said Iglesias
denied that allegation, saying he simply had few people to handle corruption
cases. "I told him that I would take him at his word, and I did,"
Wilson said.
In a joint statement ahead of Tuesday's hearings, six of the eight former prosecutors
made clear that some of them had differences with the Department of Justice.
"When we had new ideas or differing opinions, we assumed that such thoughts
would always be welcomed by the (Justice) department and could be freely and
openly debated within the halls of that great institution," six of the
attorneys said in a joint statement released ahead of the hearings.
Iglesias has also said he would relate details of a conversation with two members
of Congress who he says pressured him to rush indictments in an investigation
into an alleged Democratic kickback scheme that could have helped Republicans
in the November 2006 elections.
Domenici said over the weekend that he had contacted Iglesias in October 2006
to ask about progress of the probe, though he denied putting any pressure on
the prosecutor.
In her statement Tuesday, Wilson said the department dismissed Iglesias "without
input from me." Her telephone call was not politically motivated, she said,
and the conversation was "brief and professional."
"If the purpose of my call has somehow been misperceived, I am sorry for
any confusion," Wilson said.