From the Washington Post:
Ex-Prosecutor Says He Didn't Think Charges Would Affect Election
By Dan Eggen
Washington Post Staff Writer
Wednesday, June 6, 2007; Page A02
A former interim U.S. attorney appointed by Attorney General Alberto R. Gonzales
defended his decision to bring a controversial indictment before last year's elections,
telling the Senate Judiciary Committee that he had no idea Missouri Republicans
would use the case as part of their campaign against Democrats.
Bradley J. Schlozman, who temporarily replaced dismissed U.S. attorney Todd P.
Graves of Kansas City, Mo., also said that career officials in the department's
public integrity section approved the case, in which four former employees of
a liberal-leaning group were charged with voter-registration fraud.
"I did not think it was going to influence the election at all," Schlozman
said.
But Graves, who also testified yesterday, said he would have handled the case
differently.
"It would have been my understanding that you would not do that," Graves
said. ". . . It surprised me that they'd been filed that close to an election."
The testimony came as part of the Senate panel's investigation of the firing last
year of Graves and eight other U.S. attorneys, part of a joint effort by the White
House and top Gonzales aides. The Justice Department has launched an internal
investigation into whether improper political considerations played a role in
the firings or in other hiring decisions.
Schlozman has figured prominently in the inquiry because he replaced Graves in
Missouri and because he served previously as a senior official in the Civil Rights
Division, from which dozens of career attorneys have left in the wake of conflicts
with political appointees over key voting-rights cases.
Schlozman, who served briefly as acting civil rights chief in 2005, testified
that he may have boasted about the number of Republicans he had recruited for
the division. He also acknowledged telling some applicants for career positions
to remove GOP political activities from their résumés, but said
that was only because politics should play no role in filling those jobs.
Missouri GOP officials used the voter-registration indictments last fall in campaign
literature attacking Democrat Claire McCaskill in her Senate election bid, which
she won.
Under Justice Department rules, prosecutors "must refrain from any conduct
which has the possibility of affecting the election itself." A department
handbook also says that "most, if not all, investigation of an alleged election
crime must await the end of the election to which the allegation relates."
A department official who spoke on the condition of anonymity said the policy
"does not mean . . . that the department forbids the filing of any charges,
ever, around the time of an election." The Missouri case involved voter-registration
efforts, rather than the election itself, the official said.