Sunday, August 5, 2007

US Attorney Firings - Behind the Scenes

Author Jeffrey Toobin has an incredible story in the New Yorker that presents two scenarios - the "firing" of former US Attorney John McKay and the death of AUSA Tom Wales. The article asks the question - "What does the firing of a U.S. Attorney have to do with a murder case?"

Several things are apparent from this article: 1) McKay was doing an excellent job in his position as US Attorney ; 2) McKay failed to bring charges against the Democratic Party; 3) Before the House Judiciary Committee Kyle Sampson, AG Gonzales' Chief of Staff, stated that "McKay might have been fired because he had been too aggressive in his advocacy of the investigation of Tom Wale's murder."

Since this statement, AG Gonzales has backtracked and provided support in the investigation of the death of Tom Wales. But the statements flying around here certainly warrant investigation. When an AUSA is murdered and the investigation is not given a top and immediate priority, questions need to asked and answered.  And when the person most able to ask the questions does so, and is later dismissed whether it be for asking questions and making demands or this reason is given pretextually to hide a political motivation,  someone needs to investigate.

When it comes to needing testimony before a grand jury investigating a murder, there is mush less of a basis to claim executive privilege. Harriet Miers and others need to provide answers to a Grand Jury that looks at the homicide, obstruction of this homicide investigation, and whether individuals should be charged for impeding the due administration of justice.

(esp) (w/ a hat tip to Geraldine Moohr)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/08/us-attorney-fir.html

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