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Univ. of San Diego School of Law

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Tuesday, September 30, 2008

No Charges Expected in Dismissal of Attorneys

A Justice Department investigation offers a blistering critique of the political motivations that led to the firings of a group of United States attorneys in late 2006 but stops short of recommending criminal charges against former Attorney General Alberto R. Gonzales or others in the affair, officials said.

The Justice Department’s inspector general and its Office of Professional Responsibility have been investigating the firings since last year, trying to determine who in the Bush administration ordered the firings, whether the dismissals were intended to thwart investigations and whether anyone had broken the law in carrying out the firings or in testifying about them.

Officials with the department refused to discuss the report in advance of its scheduled release on Monday, though it has been the subject of Web reports since Friday. A lawyer for Mr. Gonzales declined to comment.

Mr. Gonzales, who resigned last year after coming under criticism because of the firings, has been the main focus of interest, in part because several members of Congress charged that he may have perjured himself in his testimony through his memory lapses and misstatements about the firings.

But officials with knowledge of the inspector general’s investigation and defense lawyers who have been involved in it said they did not expect that the investigation would recommend that criminal charges be pursued at this point against Mr. Gonzales or other officials. The report was expected to recommend that investigators continue to pursue some elements of the case, meaning that the legal questions around Mr. Gonzales would continue.

One former official with knowledge of the investigation, who like others spoke about the report only on condition of anonymity, said that much of the criticism in the findings was expected to center on Kyle Sampson, who was Mr. Gonzales’s chief of staff and carried out the firings of eight prosecutors. [Mark Godsey]

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