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Context of 'July 5, 2005: Washington Businessman Demands that US Representative Pressure White House to Fire US Attorney'

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Perry Hooper.Perry Hooper. [Source: Shelby County, Alabama Republican Party]The Business Council of Alabama (BCA), an organization made up of state Republicans and business figures, hires political consultant Karl Rove of Texas to help elect a slate of Republican candidates to the Alabama Supreme Court. Alabama’s Supreme Court has been comprised of Democrats for over a century. However, Rove worked to get a slate of Republicans elected to the Texas Supreme Court a few years ago, and the BCA feels he can do the same thing in Alabama. Of the four Republican candidates for the high court, the most important is retired Judge Perry O. Hooper, an icon among Alabama Republicans. He runs against Democratic incumbent Ernest “Sonny” Hornsby. Until now, judicial races in Alabama have been what Atlantic Monthly reporter Joshua Green will later call “low-key affairs,” with almost no campaigning and judicial candidates often just passing the seats from one to the next. Democrats often ran unopposed for the positions.
Statewide Campaign, 'Jackpot Justice' - Rove brings a harsh, confrontational strategy, characterizing Democrats as pawns of trial lawyers and telling voters tales of outrageous verdicts. Rove has Hooper and the other candidates focus on a single case, that of a wealthy Alabama doctor who sued the car manufacturer BMW after discovering that his new car had been damaged by acid rain before delivery and repainted, diminishing its resale value. The trial revealed that BMW had done this many times before, and rewarded the doctor with $4 million in punitive damages. Alabama Republican political consultant Bill Smith, trained by Rove, will later say: “It was the poster-child case of outrageous verdicts. Karl figured out the vocabulary on the BMW case and others like it that point out not just liberal behavior but outrageous decisions that make you mad as hell.” Hooper and the other judicial candidates campaign relentlessly throughout the state, harping on the case as an example of “jackpot justice” perpetuated by “wealthy personal-injury trial lawyers.” (Green will write that Rove coined those phrases and will use them effectively in other races and other areas.) Rove is also successful at convincing conservative Democrats to abandon their traditional support for Democratic candidates and vote for his Republican candidates. Rove also uses targeted, nuanced language to attract conservative voters. His candidates attack “liberal activist judges” and present themselves as “people who will strictly interpret the law and not rewrite it from the bench.” A Rove staffer will later explain that the term “activist judges” motivates all sorts of people for very different reasons. Green writes: “If you’re a religious conservative, he said, it means judges who established abortion rights or who interpret Massachusetts’s equal-protection clause as applying to gays. If you’re a business conservative, it means those who allow exorbitant jury awards. And in Alabama especially, the term conjures up those who forced integration.” The staffer continues, “The attraction of calling yourself a ‘strict constructionist’ [as Rove has his candidates label themselves] is that you can attract business conservatives, social conservatives, and moderates who simply want a reasonable standard of justice.”
'Dialing for Dollars' Television Ad - Rove highlights the fact that the Democratic justices routinely solicit campaign donations from trial lawyers, while downplaying the Republicans’ solicitations from business interests. He airs one particularly damaging “Dialing for Dollars” television ad, depicting a lawyer receiving an unwanted telephone solicitation from an actor portraying Hornsby. The ad implies that Hornsby will intervene on a case the lawyer has pending. The ad draws considerable attention and criticism, and is featured on NBC Nightly News. The campaign has the desired effect, and the race begins to tighten. Rove escalates, filling the airwaves with negative ads in the last two weeks of the campaign.
Recount, False Stories - When the results are tallied from the November 9 election, Hornsby wins the race for chief justice by an unofficial tally of 304 votes. Rove immediately calls for a recount. A former Rove staffer will later say: “Karl called the next morning. He said: ‘We came real close. You guys did a great job. But now we really need to rally around Perry Hooper. We’ve got a real good shot at this, but we need to win over the people of Alabama.‘… Our role was to try to keep people motivated about Perry Hooper’s election and then to undermine the other side’s support by casting them as liars, cheaters, stealers, immoral—all of that.” Rove successfully obtains the recount, and places campaign workers in each of the polling places to observe the counting, harass the election officials, and find evidence of “voter fraud.” Some legitimate errors are uncovered, such as a probate judge in one county erroneously excluding some 100 votes for Hooper, and voting machines in two other counties failing to tally all the votes. Rove spreads false stories throughout the state about poll watchers being threatened with arrest, probate judges locking themselves in their offices and refusing to meet with campaign workers, votes being cast in absentia on behalf of comatose nursing home patients, and Democrats caught in a cemetery writing down the names of dead people in order to cast votes for them by absentee ballot. On November 12, Hooper declares in a press conference, “We have endured lies in this campaign, but I’ll be damned if I will accept outright thievery.” By November 21, the unofficial tally has Hornsby ahead by only nine votes.
Absentee Ballots Challenged in Court - Hornsby’s campaign fights to include some 2,000 late-arriving absentee ballots that had been excluded, and the campaign goes public with the claim of a man who says his son, serving overseas in the military, is in danger of having his absentee ballot not counted. A Rove staffer will later say: “The last marching order we had from Karl was: ‘Make sure you continue to talk this up. The only way we’re going to be successful is if the Alabama public continues to care about it.’” Initially, a judge rules that the absentee ballots should be counted, and Hooper and Rove, knowing the absentee ballots will give Hornsby the votes he needs to win, take the case to federal court while Rove shellacks the state with advertisements accusing Hornsby of trying to steal the election. The Hooper campaign files lawsuits against each and every probate judge, circuit clerk, and sheriff in Alabama, alleging discrimination. The Alabama Supreme Court, stocked with Democrats, orders the absentee ballots to be counted, while the federal court continues to consider the matter.
Republican Declared Winner - In October 1995, a federal appeals court rules that the absentee ballots cannot be counted, and orders Alabama to certify Hooper as chief justice. Hornsby’s campaign appeals to the US Supreme Court, but the high court refuses to overturn the verdict. With the absentee ballots discarded, Hooper wins the vote tally by 262 votes. Hooper will later tell a reporter, “That Karl Rove was a very impressive fellow.” (Green 11/2004)

Kyle Sampson.Kyle Sampson. [Source: Legal Times]D. Kyle Sampson, a young lawyer from Utah and a former Republican staff member of the Senate Judiciary Committee, takes a position at the White House as special assistant to the president and associate director for presidential personnel. He handles presidential appointments for the Justice Department, among other duties. During this time period, he is also named associate counsel to the president, where he works on legislative, policy, and environmental matters. In August 2003, Sampson moves to the Justice Department, where he serves as a counsel for Attorney General John Ashcroft. After joining the White House counsel’s office in September 2001, Sampson increases his involvement in the selection of US Attorneys. He serves on the interviewing panel for many US Attorney interviewees, and becomes the White House representative for US Attorney appointments. He is responsible for reviewing the resumes and questionnaires of all US Attorney candidates and their background files. (US Department of Justice, Office of the Inspector General 9/29/2008)

David Iglesias.David Iglesias. [Source: Troy Pages / Truthout]David Iglesias is sworn in as the US Attorney for New Mexico. He is the first Hispanic US Attorney for the state. He is a former JAG (judge advocate general) officer for the US Navy, and his defense of two Marines accused of assaulting a fellow officer later became the inspiration for the movie A Few Good Men. (CBS News 2007; Thomas 2011) Iglesias will later point out that the main character in the movie, a crusading JAG officer played by Tom Cruise, “was based on a composite of the three of us JAGs assigned to the case.” (Iglesias and Seay 5/2008, pp. 31) Iglesias served in the US Navy’s Judge Advocate General Corps (JAG) from 1984 through 1988, and continues to serve as a Navy JAG officer in the Naval Reserves. He spent three years as an assistant in the New Mexico Attorney General’s office, then became Assistant City Attorney in Albuquerque from 1991 through 1994. He served in a variety of federal and state legal positions until 2001, when he entered private practice. He ran unsuccessfully as the Republican candidate for New Mexico’s attorney general in 1998, and received the active support of Senator Pete Domenici (R-NM). Iglesias will tell the Justice Department that he considered Domenici his mentor and someone who might lend assistance if he continued to pursue a political career. Iglesias joined Heather Wilson (R-NM) at campaign events in 1998, when Wilson won a seat in the House of Representatives. In 2000, Iglesias headed a New Mexico group called “Lawyers for Bush.” After the election, Iglesias submitted his name for the US Attorney position for New Mexico, and again received Domenici’s support for the job. In 2004, Iglesias will be asked by the White House to become the director of the Executive Office of US Attorneys, and later an assistant secretary in the Department of Homeland Security. Iglesias will turn down these offers. He will also be considered for US Attorney positions in New York and Washington, DC. There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (US Department of Justice, Office of the Inspector General 9/29/2008)

John McKay.John McKay. [Source: Seattle Times]John McKay is sworn in as the US Attorney for the Western District of Washington State. McKay has little or no experience as a prosecutor; most of his legal career has been spent in private practice, except for a brief stint as a special assistant to then-FBI Director William Sessions. (US Department of Justice, Office of the Inspector General 9/29/2008; Thomas 2011) McKay was president of the Congressionally established Legal Services Corporation in Washington, DC, a private non-profit corporation designed to ensure low-income citizens receive adequate legal representation. He was a White House Fellow in 1989-1990, where he worked with Sessions. (US Department of Justice 12/14/2006) There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (US Department of Justice, Office of the Inspector General 9/29/2008)

Thomas Wales.Thomas Wales. [Source: FBI]Newly appointed US Attorney John McKay of the Western District of Washington State (see October 24, 2001) begins investigating the murder of Thomas C. Wales, an Assistant US Attorney (AUSA) in the office. Wales, a popular AUSA and a strong advocate of gun control, was murdered three weeks before McKay took office, when someone shot and killed him through his basement window. Associate Deputy Attorney General David Margolis had recused the office from investigating the crime, because, McKay will later state, the Justice Department (DOJ) had no confidence in the prosecutor initially assigned to the case. Moreover, as the case was a likely candidate for a death penalty prosecution, he will tell a reporter that the office is recused because “[y]ou couldn’t have Tom’s friends in the office making those kinds of decisions.”
Begins Pressuring Justice Department - Shortly after taking office, McKay begins pressuring Deputy Attorney General (DAG) Larry Thompson to replace the prosecutor on the Wales case. McKay will recall having several “tense conversations” with Principal Associate Deputy Attorney General Christopher Wray concerning this issue. In March 2002, the DOJ assigns a more experienced prosecutor to the case. The DOJ sends no additional manpower to Seattle to help with the case, and initially offers a $25,000 reward for information leading to the conviction of the killer, an amount FBI Special Agent Charles Mandigo will later call “insultingly small.” (After McKay’s intervention, the DOJ later raises the reward to $1 million.) McKay later says that while he is not directly involved in the investigation, he pushed hard for the DOJ to commit more resources to the investigation, and felt it was his responsibility to act as a conduit between the Seattle FBI office and the DOJ regarding resources for the case. He will say that while he was assertive, he remained professional and appropriate in his conduct; no one in the DOJ ever complained to him about his actions, he will say. “My mistake was that I assumed ‘recusal’ was ‘recusal’,” he will say. “I had erred in assuming that I was completely recused from even asking questions about the allocation of resources. I assumed it would have the highest priority within the Department of Justice. I once worked at the FBI for a year, and during that time an agent was killed in Las Vegas. They deploy like crazy when an agent is killed. Agents got off the airplane that night from DC to investigate. The director of the FBI flew out. That was not the reaction we were getting from the Department of Justice after Tom Wales was killed. Over 2002, I decided that really it should be my job to advocate for appropriate resources to be devoted to the Wales case.”
Speculation as to Politicization of Investigation - Many involved in the investigation believe that the Wales murder is a low priority for the DOJ because his liberal politics clash with the rightward tilt of the senior officials appointed by the Bush administration.
Aggressive but Appropriate - A 2008 Justice Department investigation of the 2006 US Attorney firings (see September 29, 2008) will find no reason to dispute McKay’s recollection of events. Both Thompson and Wray will describe McKay as being aggressive about making sure the investigation has adequate resources. Thompson will recall no tension between himself and McKay, though he will recall some of his then-staff members complaining about McKay’s pressure and demands for resources. Thompson will admit to becoming irritated with McKay on occasion, but will emphasize that McKay conducted himself in an appropriate manner at all times. It was “not new in the annals of the Department of Justice [that] a DAG got aggravated with a US Attorney,” he will say. He will not recall discussing the matter with Kyle Sampson, the chief of staff to Attorney General Alberto Gonzales and the architect of the plan to fire the US Attorneys (see November 15, 2006). Wray will recall that some in the DOJ considered McKay to be “high maintenance,” in regard to the Wales investigation and with other issues. While some in the DAG’s office informally discussed McKay’s behavior among themselves, Wray will recall, no formal review of his conduct was ever undertaken. Wray will also not recall any discussions with Sampson, though he will say he kept Gonzales’s office apprised of the events surrounding the Wales investigation. Margolis will recall McKay being somewhat emotional about the Wales case and extremely pushy, he found his conduct entirely justifiable considering the situation. Margolis will say that he doubts Sampson would have listed McKay for removal because of his interactions with Thompson. (Toobin 8/6/2007; US Department of Justice, Office of the Inspector General 9/29/2008)
Remains Unsolved - The Wales murder will remain unsolved. (Toobin 8/6/2007)

Margaret Chiara.Margaret Chiara. [Source: MLive (.com)]Margaret Chiara and Daniel Bogden are sworn in as US Attorneys for the Western District of Michigan and Nevada, respectively. Bogden served for five years in the Air Force’s Judge Advocate General’s Office before moving on to become a prosecutor in Reno, Nevada. He became an Assistant US Attorney in Nevada in 1990. He was recommended for the US Attorney position by Senator John Ensign (R-NV). Chiara was unanimously confirmed by the US Senate and is Michigan’s first female US Attorney. She has extensive experience as a prosecutor, and before her selection as US Attorney, was the policy and planning director for the Michigan Supreme Court. She will serve on three subcommittees of the Attorney General’s Advisory Committee (AGAC): Native American Issues, Management and Budget, and US Attorneys’ Offices Outreach. Chiara replaces Interim US Attorney Phillip Green, who becomes First Assistant US Attorney. Joan Meyer, formerly the First Assistant, becomes a line assistant. Meyer will later be appointed Criminal Chief of the office. These personnel decisions will impact later events in Chiara’s office. Chiara will successfully prosecute Michigan’s first death-penalty case since 1938, will increase felony prosecutions and convictions in her district by 15 percent, and will develop a widely used attorney training and mentoring program. (CBS News 2007; US Department of Justice, Office of the Inspector General 9/29/2008; Waas 4/2009; Thomas 2011) There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (US Department of Justice, Office of the Inspector General 9/29/2008)

David Iglesias, the newly installed US Attorney for New Mexico (see October 18, 2001), does well in his first Evaluation and Review Staff (EARS) evaluation by the Justice Department. His evaluation states: “The United States Attorney was well respected by the client agencies, judiciary, and [his office] staff. He provided good leadership… and was appropriately engaged in the operations of the office.” The EARS report contains no criticisms or concerns about his performance. (US Department of Justice, Office of the Inspector General 9/29/2008) A follow-up report lauds Iglesias and his office for effectively implementing the department’s national priorities, praises their work on the Anti-Terrorism Advisory Council, and compliments Iglesias on pursuing white-collar corruption, fraud, drugs, and firearms cases. The report concludes: “In addition to pursuing national priorities, the district priorities you have set illustrate your district’s firm grasp on its issues and crime problems. The complex issues arising from the Indian Country in your district present challenges which you have met with vigor.… The management principles applied in your district promote high quality work from your personnel, allow for flexibility, yet ensure that cases are being handled appropriately.” (US House of Representatives, Committee on the Judiciary 5/21/2007)

Bud Cummins.Bud Cummins. [Source: Arkansas Times]H.E. “Bud” Cummins III is sworn in as the US Attorney for the Eastern District of Arkansas. (Thomas 2011) He actually took office on December 20, 2001. Cummins is not an experienced prosecutor, but is primarily a private law practitioner. He has clerked for several judges, and was the senior legal counsel for Governor Mike Huckabee (R-AR) between 1997 and 1998. In 2000, he served as a counsel for the Bush-Cheney presidential campaign. He was recommended for the position of US Attorney by Senator Tim Hutchinson (R-AR). (US Department of Justice, Office of the Inspector General 9/29/2008) There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president, and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (US Department of Justice, Office of the Inspector General 9/29/2008)

Bud Cummins, the newly installed US Attorney for the Eastern District of Arkansas (see January 9, 2002), does well in his first Evaluation and Review Staff (EARS) evaluation by the Justice Department. He is described as highly regarded by the judiciary in his district as well as by law enforcement, civil client agencies, and his office personnel. (US Department of Justice, Office of the Inspector General 9/29/2008) The 2005 evaluation of Cummins and his office will indicate that the first evaluation was performed in August 2002, not April. (US House of Representatives, Committee of the Judiciary 4/13/2007 pdf file) A follow-up letter recognizes Cummins for effectively implementing the department’s national priorities, his office’s work in anti-terrorism initiatives, and its success in prosecuting firearms-related cases. Cummins and his office receive praise for working to combat child pornography and health care fraud. Cummins is lauded for his effective management techniques. (US House of Representatives, Committee on the Judiciary 5/21/2007)

John McKay, the US Attorney for the Western District of Washington (see October 24, 2001), undergoes his first Evaluation and Review Staff (EARS) performance evaluation, as mandated by the Justice Department. The evaluation is positive, stating that “McKay was setting appropriate goals and priorities and was doing an outstanding job furthering interagency cooperation.… McKay was well respected by his staff, the judiciary, and all the law enforcement and civil agencies.” (US Department of Justice, Office of the Inspector General 9/29/2008) A follow-up letter from the Executive Office for US Attorneys shows that McKay’s office garnered one of the highest cumulative scores (4.71 out of a possible 5) of all 93 US Attorneys’ offices. The letter singles out McKay’s work on border enforcement strategies and notes several areas in which McKay’s office displayed “best practices” in individual areas. McKay himself receives particular praise for his management of his office. Another follow-up letter effusively praises McKay’s work with anti-terrorism concerns, particularly his prosecution of several high-profile terrorism cases. McKay also receives recognition for outstanding work with white collar crime, firearms, child exploitation, environmental, and drug cases, and in implementing a new program to assist victims of fraud in receiving restitution. (US House of Representatives, Committee on the Judiciary 5/21/2007)

Kevin Ryan.Kevin Ryan. [Source: Health Web Summit]Kevin Ryan is sworn in as the US Attorney for the Northern District of California. A former deputy district attorney, Ryan has served as a municipal court judge in San Francisco and a California Superior Court judge. (CBS News 2007; US Department of Justice, Office of the Inspector General 9/29/2008; Thomas 2011) Ryan comes in after the strong but contentious tenure of his predecessor, Robert Mueller, who left in 2001 to head the FBI. Mueller was succeeded for a year by interim US Attorney David Shapiro. Mueller came to the Northern District in 1998, after his predecessor, Michael Yamaguchi, resigned under fire for letting the office’s morale sink and the caseload dwindle. Mueller fired a dozen supervisors in his first six months on the job and pushed his staff to file more cases. His critics termed Mueller a dictator, but “Main Justice” in Washington considered him a star. He revamped the office and refurbished its reputation, and successfully prosecuted several high-profile cases. When Mueller left to join the FBI, the Justice Department wanted to find someone equally capable to replace him. Ryan is not only a respected judge, but a devoted Republican who routinely listens to Rush Limbaugh in his court chambers. Former federal prosecutor Rory Little says of Ryan: “He’s a real Boy Scout. He believes in the work.” Yamaguchi’s predecessor, Joseph Russoniello, chaired the search committee that selected Ryan for the job. Russoniello said that although Ryan lacks federal court experience, that deficiency should not hinder his ability to head the office. In 2002, he told a reporter, “What is important is the capacity to manage a lot of people who do have a deep understanding of the rules.” (Kuz 10/4/2006) There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (US Department of Justice, Office of the Inspector General 9/29/2008)

Carol Lam.Carol Lam. [Source: Common Dreams (,org)]Carol Lam is sworn in as the US Attorney for the Southern District of California. (Thomas 2011) Lam is a former Assistant US Attorney, a former California Superior Court judge, and an acknowledged expert on white-collar crime and health care fraud. During her interview process for the US Attorney position, she described herself as “non-partisan,” and said she does not belong to any political party. When asked if she could support the Justice Department’s policies considering that she is not a Republican, she answered that “it is a responsibility of a US Attorney to effect the attorney general’s guidelines in a way that makes sense in the district.” White House Counsel Kyle Sampson (see 2001-2003) offered Lam the job, at which time she told him that he had not “made things easy by virtue of the fact that I was a non-partisan.” Lam’s ascension to her post was delayed by political infighting between powerful Republicans and Democrats. It is the first time in five years her district has had a presidentially appointed, Senate-confirmed US Attorney. There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president, and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (Iglesias and Seay 5/2008, pp. 124; US Department of Justice, Office of the Inspector General 9/29/2008)

At the urging of US Attorney John McKay (see October 24, 2001), the Naval Criminal Investigative Service (NCIS) agrees to fund an information database system that will become known as the Northwest Law Enforcement Information Exchange (LInX). The database is intended to let local, state, and federal law enforcement agencies share information. McKay has the support of Deputy Attorney General James Comey, who has the power to direct Justice Department agencies to share their records with the project. When McKay explains the project to Comey, Comey envisions the project being used as part of the “OneDOJ” initiative to persuade Justice Department law enforcement agencies to share information with one another and with state and local law enforcement. Comey will call McKay a “visionary” concerning information sharing, and supports McKay’s efforts wholeheartedly. (US Department of Justice, Office of the Inspector General 9/29/2008)

Christine Gregoire and Dino Rossi.Christine Gregoire and Dino Rossi. [Source: Associated Press / KomoNews]State Attorney General Christine Gregoire (D-WA) is apparently defeated in the Washington State gubernatorial race in the closest such race in US history, losing to former state senator and current real-estate mogul Dino Rossi (R-WA) by 261 votes. The percentage vote is split evenly, 49-49, with 2 percent of the vote going to Libertarian Ruth Bennett. Democrats John Kerry (D-MA) and Patty Murray (D-WA) won the state’s presidential and Senate races, respectively. Both Gregoire and Rossi attempted to run as relatively moderate members of their parties, though their stance on health care, in particular, showed striking differences between them: Rossi ran on a platform of limiting lawsuit awards and drastically cutting state spending on Medicare and other expenditures, while Gregoire promised to expand coverage by finding ways to cut spending in other areas. Both candidates attacked the other relentlessly on the health care issue. On the evening of the election, November 2, Gregoire leads by some 7,000 votes, but as absentee votes are counted over the next few days, her lead dwindles and vanishes. By November 17, when all 39 counties complete their vote tallies, Rossi leads by 261 votes. State law mandates a machine recount, and the recount cuts Rossi’s lead to 42 votes. On November 30, Secretary of State Sam Reed certifies Rossi as the winner. Gregoire requests an additional recount, to be paid for by the Washington Democratic Party, and also files suit asking that ballots rejected in the first count be reconsidered, citing what the suit calls “[p]rior errors and inconsistencies in the initial canvassing and machine recount of ballots.” State Democratic Party chair Paul Berendt says: “I’ve never stopped believing Chris Gregoire was elected governor. It would be easy to demand a recount in a few counties, but she wanted every vote or no vote, and that’s what we’re going to do.” Rossi campaign spokesperson Mary Lane retorts: “As far as we’re concerned, it’s trying to overturn the legitimate result of this election by any means necessary, ethical or not. Christine Gregoire cares more about her own political ambition than what the voters actually think.” Republican Party Chairman Chris Vance calls the lawsuit to reconsider rejected votes “a nuclear bomb. It will blow up our election system in Washington state.” The suit is filed on behalf of four voters who claim they were denied the opportunity to vote. One of those voters, Ronald Taro Suyematsu of King County, says he never received his absentee ballot in the mail. He voted on Election Day using a provisional ballot, but he was not listed as a registered voter and his vote was discarded. Democrats allege that many ballots were inappropriately challenged by Republican observers, that county canvassing board rejected qualified ballots, and voters were denied meaningful notice of challenges. The lawsuit also says counties used varying standards “regarding signature-matching for absentee and provisional ballots.” The suit does not allege deliberate manipulation by county officials. “In some respects, the problems might not be more frequent than in a typical election, but the narrow margin between the candidates means that, unlike the typical election, they are not harmless,” the suit alleges. (Galloway 10/20/2004; 2004 General Election - First Recount > Statewide Offices > Results 11/17/2004; Garber and Postman 12/3/2004; HistoryLink (.org) 6/7/2005)

US Attorney John McKay of the Western District of Washington State (see October 24, 2001) is told by Tom McCabe of the Building Industry Association of Washington (BIAW) that the recounts in the disputed gubernatorial race for Washington State between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see November 2-30, 2004) revealed forged signatures on provisional ballots. McKay informs Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, and asks Donsanto if his office can open a federal investigation if the allegations only involve a state election. Donsanto advises McKay to take no action until election authorities certify the winner and any court cases stemming from the election have run their course. McKay disagrees with Donsanto’s advice, and directs the FBI to open a preliminary inquiry into the allegations. FBI agents interview McCabe, but neither McKay nor the FBI take further action because the election is not yet certified. McKay advises McCabe to provide any evidence he might have of voter fraud to the local prosecutor, because the complaint involves a state race. When the race is certified in Gregoire’s favor on December 30, cases are immediately filed in state court challenging the results. (US Department of Justice, Office of the Inspector General 9/29/2008) Around this same time, McKay receives a telephone call from Chris Vance, the chair of the Washington Republican Party, asking about the investigation. McKay cites the prohibition against revealing information concerning an ongoing investigation and refuses to answer Vance’s questions (see Late 2004 or Early 2005). McCabe soon decides that McKay is not pursuing the fraud allegations quickly enough and begins pressuring the White House to fire him (see Late 2004 and July 5, 2005). McKay allows Justice Department agents to examine what he will call the “so-called evidence,” and will recall one agent “laugh[ing] out loud” because the evidence was “that flimsy.” He will recall that he could find no framework to follow in pursuing voter fraud cases. “I was looking for a benchmark,” he will say. “The impression I got [from the Justice Department] was that I should make it up as I went along. The preference, at least as it was expressed from the attorney general’s office, was simply to file as many such cases as possible. I wasn’t willing to do that, certainly not in the gubernatorial race.… [W]as there a conspiracy to steal the election? Absolutely not.” (Iglesias and Seay 5/2008, pp. 134-135)

Christine Gregoire (D-WA), declared the loser in her gubernatorial race against Dino Rossi (R-WA) by a mere 42 votes (see November 2-30, 2004), is shown to be the winner after a full recount. On December 23, 2004, Gregoire is certified to have gained 919 votes in the recount, and Rossi gained 748, giving Gregoire a 129-vote lead. The State Legislature certifies the vote, and Gregoire is sworn in as governor on January 12, 2005. (Washington Secretary of State 12/23/2004; Thomas 12/30/2004; HistoryLink (.org) 6/7/2005) 1,555 votes in Democratic stronghold King County were initially not counted, 573 of them because their signatures had not been entered into the computer database. It is certain that these 573 votes were improperly rejected, and perhaps many of the others as well, the King County Elections Board determines. The error comes to light when Larry Phillips, chairman of the Metropolitan King County Council, discovers that his vote was disqualified. His request to find out why he was disqualified leads to the discovery of the 573 uncounted votes. Republican Party chairman Chris Vance says of the findings that he and his fellow Republicans are now “absolutely convinced that King County is trying to steal this election.… There are Republicans urging us to organize mass protests, to take to the streets. At some point people’s patience just runs out.” He adds: “It’s either gross incompetence or vote fraud. I guess we should just keep expecting King County to find votes until they find enough.” Republicans accuse state Democrats of attempting to rewrite Washington’s election laws to ensure Gregoire is named the victor. (Postman 12/14/2004; Seattle Times 12/14/2004) As many as 162 absentee ballots in King County were “misplaced” and not counted. King County Elections Director Dean Logan said before the recount was complete that “we knew as fact” those voters were improperly disenfranchised. (Seattle Times 12/17/2004) King County Republican Dan Satterberg, a member of the King County Canvassing Board, says: “We’re determining the validity of votes and ballots one at a time.… It reminds me of when I would umpire Little League games. You never want the umpire’s call to make the decision in the game.” Satterberg attempts to block the counting of disputed absentee ballots, but is outvoted by the canvassing board’s two Democratic members. The State Supreme Court reverses a lower court ruling and allows the absentee ballots to be counted in the larger totals. On December 21, just before the vote totals are announced and Gregoire is named the winner, some 350 protesters gathered in front of the Supreme Court building, demanding that Rossi be named the winner, accusing the Gregoire campaign of orchestrating a systematic voter fraud effort, and comparing Washington State to Ukraine, a nation whose recent elections were marred by massive voter fraud. The rally was sponsored by a conservative talk radio station. (Associated Press 12/22/2004; Gilmore 12/23/2004) Washington State Republicans file a lawsuit challenging the recount and demanding that Rossi be sworn in as governor, citing as evidence their claims that hundreds of convicted felons voted without going through the procedure to have their civil rights restored. They also claim a raft of other irregularities benefited Gregoire, particularly in the Democratic stronghold of King County, and will challenge 1,678 votes cast as “illegal” and “fraudulent.” (HistoryLink (.org) 6/7/2005) Rossi will demand a new election (see December 29-30, 2004), a demand that will not be honored (see February 4, 2005).

Real-estate mogul Dino Rossi (R-WA), who was declared the loser in the 2004 Washington State gubernatorial race by a mere 129 votes (see December 23, 2004 - January 12, 2005), demands that the entire result be thrown out and a new election held. “Quite frankly, folks, this election has been a total mess,” he says. Secretary of State Sam Reed (R-WA), who certified Christine Gregoire (D-WA) as the legitimate governor, responds, “I do not feel like this has been a botched election.” He says the election process had been fair, but adds, “I would not say I think somebody ought to be conceding at this point.” Rossi can contest the election, Reed says. Rossi says if a court finds in his favor, he would argue for an entirely new election as opposed to the court or the legislature deciding the outcome. “The people have a right to decide who their next chief executive officer is for the state of Washington, if we end up with an election set aside,” he says. Rossi urges Gregoire to join him in calling for a new election in the interest of comity and voter confidence. If she takes the position after the recounts, Rossi says, her tenure will be “shrouded in suspicion.” To head that off, he says, “[a] revote would be the best solution for the people of our state and would give us a legitimate governorship.” Gregoire’s spokesperson Morton Brilliant says Gregoire is not considering such an action. “This ain’t golf,” he says. “No mulligans allowed here, folks.” Washington Democrats call Rossi’s request “ridiculous” and “hypocritical.” Kirsten Brost of the Washington Democratic Party says: “In the same breath, Dino Rossi says a drawn-out process would hurt Washington state and then he asks for another election. He wants to spend $4 million of taxpayer money for a new election because he doesn’t like the results.” State law does not allow for a revote, but Reed says it could happen if a court or the state legislature orders one. Rossi says that if his and Gregoire’s positions were reversed, he would welcome a new election. “I would not want to enter office with so many people viewing my governorship as illegitimate,” he says. Former Secretary of State Ralph Munro (R-WA) originally called for a revote, saying the current election count had been bungled so badly no one had confidence the votes were counted accurately. Munro is the chairman of Votehere Inc., a company that manufactures a “safe and secure” voter tallying system. Munro denies trying to drum up business for his firm, and says that if such a revote were held, he would not care who won. (Thomas 12/30/2004)

Washington State businessman Tom McCabe, the executive vice president of the Building Industry Association of Washington (BIAW) and a prominent Republican activist, is angered by what he considers “voter fraud” in the disputed gubernatorial election between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). He is further frustrated by what he considers the reluctance by Republican John McKay (see October 24, 2001 and Late 2004 or Early 2005), the US Attorney for Western Washington, to pursue the allegations. McCabe repeatedly contacts the White House to demand McKay’s firing. McKay will later say, “There was no evidence, and I am not going to drag innocent people in front of a grand jury.” McCabe told McKay he had evidence of forged signatures on absentee ballots cast for Gregoire (see December 2004), and attempted to persuade the FBI to launch an investigation. Neither McKay nor the FBI will be convinced by McCabe’s evidence (see January 4, 2005). Of McKay’s refusal to pursue the allegations, McCabe later recalls, “It started me wondering whether the US Attorney was doing his job.” McKay later says that the FBI concluded that the ballots cited by McCabe were not forgeries. (Bowermaster 3/13/2007; Thomas 2011)

One of several official logos for the LInX program.One of several official logos for the LInX program. [Source: NCIS]Deputy Attorney General James Comey asks US Attorney John McKay (see October 24, 2001) to lead a pilot program in Seattle for entering Justice Department (DOJ) law enforcement information into a new information-sharing system called the Northwest Law Enforcement Information Exchange (LInX—see Early 2004). McKay has been a vocal proponent of the new program and has enjoyed Comey’s support for the program. Comey knows that he and McKay will encounter resistance from some DOJ agencies who jealously guard their information. Comey’s memo directs DOJ agency heads to participate in the program and gives deadlines for uploading information into the new system. McKay will later say the DOJ’s law enforcement agencies do not fully comply with Comey’s directive. Moreover, when Comey resigns in the spring of 2005, no one in the DOJ pressures agency heads to comply with the program directives. Enthusiasm for the project will wane further when Comey’s successor, Paul McNulty, takes the position. (US Department of Justice, Office of the Inspector General 9/29/2008)

US Attorney John McKay of the Western District of Washington State (see October 24, 2001) has been pursuing allegations of voter fraud in the highly disputed governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 2004 and December 23, 2004 - January 12, 2005). McKay has worked with the FBI on the investigation. He has met with FBI and Justice Department officials, who together have reviewed the evidence and concluded that there are no grounds to open a federal grand jury investigation. Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, has also advised McKay to refrain from any proactive investigation, but merely to collect facts and information, and monitor the state court litigation surrounding the election, because the department wants to make sure not to give the impression that it is trying to influence the litigation. McKay drafts a public statement for use by the FBI and his office to respond to questions surrounding the controversy. The statement says that while the FBI would receive and evaluate all complaints of voter fraud, because the race is a state election matter, citizens should also provide that information to state officials. McKay and the FBI will continue to examine evidence presented to them as “voter fraud,” and will determine that none of it proves any criminality whatsoever. Moreover, the Justice Department will confirm that in as the governor’s race is a state matter, the US Attorney, a federal law enforcement office, has no jurisdiction over allegations about the race. (US Department of Justice, Office of the Inspector General 9/29/2008)

Washington State Republicans file a lawsuit challenging the results of an election recount that gave Christine Gregoire (D-WA) the victory in a close race for the governorship against Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). Rossi’s recent demand for an entirely new election was not heeded (see December 29-30, 2004). Rossi announces the lawsuit, challenging the validity of the recounts that eventually gave Gregoire the victory. He says that if the court finds in his favor, he would again ask for a new election: “It’s clear that this election is a mess. A re-vote is the only way I think we can go.” The suit is being filed in Chelan County Superior Court, an eastern county. Republicans say they prefer this venue to a court in Western Washington, which they say is more liberal. Kirsten Brost of the Washington Democratic Party says that regardless of what the court may say, there is no provision in state law for a new election. “If they are going to have another election, they would have to amend the state Constitution,” she says. Rossi and state Republicans are claiming that voter fraud gave Gregoire the victory. “We’ve found people who are felons that have voted, we’ve found people who have voted more than once,” Rossi says. “We’ve also found people who have remained politically active after they are dead.” (Sanders 1/7/2005)
Reports of Dead People Casting Votes - The Seattle press recently reported that a Seattle resident had cast a vote on behalf of his wife who had died shortly before the election. The man said his wife wanted him to cast her vote for Rossi, and he did so. “A dead person cannot vote, not even for me,” Rossi says. Seattle prosecutors are investigating the charge, along with evidence that at least seven other ballots for dead voters were cast. One of the eight cases uncovered by the Seattle press was due to an administrative error that inaccurately listed a living voter as having died. Another vote cast by a woman who died in August was challenged by the woman’s husband, who insists that he destroyed the absentee ballot mailed to their residence after she died. A third case involves a woman using her deceased husband’s absentee ballot instead of the one mailed in her name. Another was cast by a man who filled out his absentee ballot, then died before he mailed it. His wife mailed the ballot on his behalf. “These are not indications of fraud,” says Bill Huennekens, King County’s elections supervisor. “Fraud is a concerted effort to change an election.” (Le and Nicolosi 1/6/2005; Sanders 1/7/2005)
Hundreds of Provisional Ballots Causing Controversy - More to the point are the hundreds of provisional ballots which may have been improperly counted. Republicans say that King County, the state’s largest county and a reliable Democratic stronghold, counted many provisional votes without determining that the people who cast them were registered voters. King County officials recently admitted that 348 provisional ballots were mistakenly counted. Gregoire was certified the winner by 129 votes, though it is unlikely that all 348 provisional ballots were cast for Gregoire.
Minor Mistakes Being Used to Challenge Election? - Brost says that Republicans are pointing at a small number of routine tallying errors and trying to use them to reverse a legitimate outcome. “In order to throw out this election,” she says, “they would have to prove that the mistakes made resulted in the wrong person winning. It’s not sufficient to just say there’s mistakes.” Secretary of State Sam Reed (R-WA) says he approves of the lawsuit. “A court of law is the proper forum to provide a judicious and objective answer to legitimate questions raised about the elections and its results,” he says. (Sanders 1/7/2005)

Justice Department lawyer Kyle Sampson (see 2001-2003) responds to an email from White House deputy counsel David Leitch regarding the proposed firing of some or all of the nation’s 93 US Attorneys (see January 6, 2005). Sampson confirms that he has spoken with White House counsel Alberto Gonzales about the proposal “a couple of weeks ago” (see Late December 2004). Sampson delineates his “thoughts” to Leitch in four points. He notes that while US Attorneys serve at the “pleasure of the president,” they generally serve four-year terms. (Sampson is aware that all 93 US Attorneys have been informed that they will not be asked to resign as President Bush’s second term commences—see November 4, 2004—and is also aware that Gonzales and White House deputy counsel Harriet Miers are discussing replacing some or all of the US Attorneys—see November 2004 and Late December 2004.) It would be “weird” to ask them to leave before their terms are complete. Sampson goes on to note the “historical” practice of allowing US Attorneys to complete their terms, even if there is a party change in the administration; he does not mention that the incoming 1992 Clinton administration, and the incoming 2000 Bush administration, both asked all or almost all 93 US Attorneys to leave without regard to completing their terms (see March 24, 1993 and January 2001). Sampson then writes that “as an operational matter, we would like to replace 15-20 percent of the current US Attorneys—the underperforming ones. (This is a rough guess; we might want to consider doing performance evaluations after Judge [Gonzales] comes on board.) The vast majority of US Attorneys, 80-85 percent, I would guess, are doing a great job, are loyal Bushies, etc., etc. Due to the history, it would certainly send ripples through the US Attorney community if we told folks that they got one term only (as a general matter, the Reagan US Attorneys appointed in 1981 stayed on through the entire Reagan administration; Bush 41 even had to establish that Reagan-appointed US Attorneys would not be permitted to continue on through the Bush 41 administration—indeed, even performance evaluations likely would create ripples, though this wouldn’t necessarily be a bad thing).” Sampson predicts that “as a political matter… I suspect that when push comes to shove, home-state senators likely would resist wholesale (or even piecemeal) replacement of US Attorneys they recommended.” However, he writes, “if Karl [Rove, the White House political chief] thinks there would be policitical [sic] will to do it, then so do I.” (US Department of Justice 1/9/2005 pdf file; Greenburg 3/15/2007; US Department of Justice, Office of the Inspector General 9/29/2008; Rove 7/7/2009 pdf file; Thomas 2011) The original email seems to come from another aide in the White House Counsel’s Office, Colin Newman, who told Leitch that Rove “stopped by to ask you (roughly quoting) ‘how we planned to proceed regarding US Attorneys, whether we were going to allow all to stay, request resignations from all and accept only some of them, or selectively replace them, etc.’ I told him that you would be on the hill all day for the judge’s hearing, and he said the matter was not urgent.” Leitch responded by forwarding the email to Sampson with the comment, “Let’s discuss.” (US House of Representatives, Committee on the Judiciary 6/15/2009 pdf file) Newman’s email is dated January 6, and the reference to “the judge’s hearing” seems to refer to White House counsel Alberto Gonzales’s contentious hearing on the Geneva Conventions before the Senate Judiciary Committee on that date (see January 6, 2005).
Downplaying White House Involvement - In the 2008 investigation of the US Attorney firings by the Justice Department’s Office of the Inspector General (see September 29, 2008), Leitch will say that he has no recollection of discussing the matter with Sampson, Rove, or anyone else. He will leave the White House Counsel’s Office shortly after this email exchange. (US Department of Justice, Office of the Inspector General 9/29/2008) In 2009, Miers will testify that she does not recall specifics of these discussions. She will say: “I don’t have a recollection of that, but it wouldn’t surprise me if that happened, that would be some general discussion of, well, we have the Justice Department saying we have a certain number that we feel should be looked at and that that is better because it doesn’t create the upheaval that removing all of the US Attorneys would have. I think the original discussion did not involve the kind of plan, as that term has been used, that eventually evolved.” At this point, Miers will say, the idea of firing a large number of US Attorneys on the same day had not been discussed. The Justice Department, she will say, would make the decisions as to whom, if anyone, should be terminated, not the White House. Asked specifically about Rove’s Office of Political Affairs (OPA), she will say that it would merely play a consulting role in the process: “I did ask that they assist, in the areas where there might be removals, the location of sources for recommendations. And so the political office was as it is called; they had the political piece.” The Counsel’s Office would not ask OPA for recommendations of replacements for the ousted US Attorneys, she says: “We would turn to them for identification of the sources that you could go to and ask for people to be considered. You wouldn’t turn to them and say tell us who we ought to recommend.” However, “if they had a preference for, someone, they would state it so that they certainly had input.” (US House of Representatives, Committee on the Judiciary 6/15/2009 pdf file) In 2009, Rove will deny ever seeing the email or discussing the matter with Sampson, and will say, “The implication that somehow this was addressed to me and I somehow received it is inaccurate.” (Rove 7/7/2009 pdf file) Miers claims no memory of Rove ever attending a Judicial Selection Committee meeting to discuss the removal of a specific US Attorney. She will recall discussions of the removal of US Attorney David Iglesias (see October 18, 2001) by OPA members, including Rove. (US House of Representatives, Committee on the Judiciary 6/15/2009 pdf file)

Washington State Republicans claim they have found 489 felons who illegally voted in the November 2004 election, and 300 or more votes that they allege were cast illegally. They are challenging the results of a recount that gave Christine Gregoire (D-WA) the governorship of Washington over Republican challenger Dino Rossi (R-WA—see January 7, 2005). Four hundred and twenty-four of those alleged felons are in King County, Washington’s largest county and a heavily Democratic stronghold. Seattle is in King County. Fourteen alleged felons are in Pierce County, which includes the large urban area of Tacoma. A Seattle Times investigation has found 129 felons in King and Pierce counties who voted without having their rights restored. Both the Times and the Washington GOP are using criminal records databases to make their determinations, and public voting records from the Office of the Secretary of State. It is not recorded which candidates these alleged felons voted for. Washington Republicans say that they have found more than enough evidence of improper voting to justify a new election (see December 29-30, 2004), but Washington Democratic Party official Kirsten Brost says, “There’s no proof that Dino Rossi won the election, and that’s what you need to show.” (Postman 1/27/2005; Postman 1/29/2005)

Superior Court Judge John Bridges rules that Washington State will not have a new election to determine who is governor of the state. Bridges is presiding over a lawsuit filed by Washington Republicans that asks him to throw out the recount that determined Christine Gregoire (D-WA) defeated Dino Rossi (R-WA) in the November 2004 election (see January 7, 2005). Gregoire was sworn in as governor on January 12, 2005 (see December 23, 2004 - January 12, 2005). Bridges rules that even if Republicans prove their contention that the election was so fundamentally flawed that the results are in doubt (see January 24-28, 2005), state law does not allow for a revote. “The court doesn’t have the authority,” Bridges rules. Bridges also throws out a Democratic request to have the case thrown out entirely. Republicans call the ruling a minor victory for Democrats that means little in the larger context, but Democrats call the ruling the beginning of the end for Republican hopes of having Gregoire’s victory vacated. Rossi’s campaign calls the ruling “a crushing day for Democrats.” A lawyer for the Washington Democratic Party, Russell Speidel, calls the ruling “a huge decision for Christine Gregoire.” Speidel says that under Bridges’s rulings, Republicans “now have to specifically prove that Mr. Rossi won the election,” an extremely difficult legal goal to meet. Speidel says that in essence, Republicans would have to march hundreds of people through the court to admit that they cast illegal votes for Gregoire. Republicans say that Speidel’s assessment is flawed. (Kamb 2/4/2005)

Attorney General Alberto Gonzales appoints three Justice Department officials to senior positions, including lawyer D. Kyle Sampson as his deputy chief of staff. Sampson serves under Theodore Ullyot, who is now Gonzales’s chief of staff. Ullyot comes to the department from the White House, where he was a deputy assistant to the president and deputy staff secretary. Sampson has been a counselor to the attorney general since 2003 (see 2001-2003), and also serves as a Special Assistant US Attorney in the Eastern District of Virginia. Like Ullyot, Sampson also served a stint in the White House, as associate counsel to the president and as special assistant to the president and associate director for presidential personnel. (US Department of Justice 2/15/2005) In October 2005, Ullyot will leave the Justice Department to work in the corporate realm, resulting in the promotion of Sampson to chief of staff. (Forbes 2013)

Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), sends a list of the 93 current US Attorneys to White House counsel Harriet Miers. Each US Attorney is listed in either plain type, boldface, or “strikeout,” meaning a line is drawn through their name. In a follow-up email on March 2, Sampson explains that, “putting aside expiring terms, the analysis on the chart I gave you is as follows:
Bold - “Recommend retaining; strong US Attorneys who have produced, managed well, and exhibited loyalty to the president and attorney general.
Strikeout - “Recommend removing; weak US Attorneys who have been ineffectual managers and prosecutors; chafed against administration initiatives, etc.
Nothing - “No recommendation; not distinguished themselves either positively or negatively.”
On the copy of the chart released to the House Judiciary Committee in 2009, most of the US Attorneys’ names are redacted. The ones who are not redacted are listed as follows:
bullet Paul K. Charlton, Arizona (see November 14, 2001 and December 2003): nothing;
bullet Bud Cummins, Eastern Arkansas (see January 9, 2002 and April or August 2002): strikeout.
bullet Debra W. Yang, Central California: boldface.
bullet Kevin Ryan, Northern California (see August 2, 2002 and February 2003): nothing. (Ryan’s name is in a different font than the others, suggesting that it has been re-entered; it is difficult to tell from the copy of Sampson’s chart if his name is in boldface or not.)
bullet Carol C. Lam, Southern California (see November 8, 2002 and February 7-11, 2005): strikeout.
bullet Patrick Fitzgerald, Northern Illinois (see October 24, 2001): nothing.
bullet Margaret M. Chiara, Western Michigan (see November 2, 2001 and July 12-16, 2004): strikeout.
bullet Thomas B. Heffelfinger, Minnesota: strikeout.
bullet Dunn O. Lampton, Southern Mississippi: strikeout.
bullet Todd P. Graves, Missouri (see October 11, 2001 and March 2002): nothing.
bullet Daniel G. Bogden, Nevada (see November 2, 2001 and February 2003): nothing.
bullet Christopher J. Christie, New Jersey (see December 20, 2001): boldface.
bullet David C. Iglesias, New Mexico (see October 18, 2001 and 2002): boldface.
bullet Anna Mills S. Wagoner, Central North Carolina: strikeout.
bullet Mary Beth Buchanan, Western Pennsylvania: boldface.
bullet John McKay Jr., Western Washington (see October 24, 2001 and May 2002): strikeout.
bullet Steven M. Biskupic, Wisconsin: strikeout.
bullet Thomas A. Zonay, Vermont: boldface.
On March 2, Sampson sends an email to Miers indicating some revisions to the chart. Heffelfinger and Biskupic have their statuses changed to “strikeout” (referenced above), and Matt Orwig, the US Attorney for the Eastern District of Texas, is listed in boldface. Miers, a Texas native, responds, “Good to hear about Matt actually.” Sampson replies, somewhat cryptically and with careless punctuation and capitalization: “yes he’s good. oversight by me.” (US House of Representatives, Committee on the Judiciary 6/15/2009 pdf file)

The White House Office of Political Affairs is notified about the initiative to fire some US Attorneys (see November 2004, November 4, 2004, Late December 2004, January 6, 2005, January 9, 2005, and March 2, 2005). Sara Taylor, the new White House political affairs director (replacing Karl Rove, who has moved up to become deputy chief of staff, but who is still Taylor’s immediate supervisor—see Late January 2005), will later tell Justice Department investigators (see September 29, 2008) that shortly after she takes the position, she becomes aware that the White House is considering replacing some US Attorneys. Taylor will tell investigators that White House counsel Harriet Miers and others in Miers’s office and in the Justice Department were discussing the idea that the beginning of President Bush’s second term provides a good opportunity to replace some of the Attorneys. (US Department of Justice, Office of the Inspector General 9/29/2008; Rove 7/7/2009 pdf file)

Justice Department official Kyle Sampson (see 2001-2003), now the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005) as well as the Special Assistant US Attorney for the Eastern District of Virginia, sends an email to Gonzales’s successor, senior White House counsel Harriet Miers. Sampson is responding to a late February request for recommendations for firing US Attorneys in case the White House decides to ask for resignations from a “subset” of those officials (see February 24, 2005 and After). In the email, Sampson ranks all 93 US Attorneys, using a set of three broad criteria. Strong performers exhibit “loyalty to the president and attorney general” (see January 9, 2005). Poor performers are, he writes, “weak US Attorneys who have been ineffectual managers and prosecutors, chafed against administration initiatives, etc.” A third group is not rated at all. US Attorney David Iglesias of New Mexico (see October 18, 2001, 2002 and November 14-18, 2005 ) and Kevin Ryan of the Northern District of California (see August 2, 2002) appear on the list as “recommended retaining.” Gonzales has approved the idea of firing some of the US Attorneys.
Denoted for Firing - US Attorneys listed for possible firing are: David York of the Southern District of Alabama; H.E. “Bud” Cummins of the Eastern District of Arkansas (see January 9, 2002 and April or August 2002); Carol Lam of the Southern District of California (see November 8, 2002); Greg Miller of the Northern District of Florida; David Huber of the Western District of Kentucky; Margaret Chiara of the Western District of Michigan (see November 2, 2001); Jim Greenlee of the Northern District of Mississippi; Dunn O. Lampton of the Southern District of Mississippi; Anna Mills S. Wagoner of the Middle District of North Carolina; John McKay of the Western District of Washington state (see October 24, 2001, Late October 2001 - March 2002, and January 4, 2005); Kasey Warner of the Southern District of West Virginia; and Paula Silsby of Maine. Sampson sends a revised listing later this evening with two more names indicated for possible firing: Thomas B. Heffelfinger of Minnesota and Steven Biskupic of the Eastern District of Wisconsin. Sampson says he based his choices on his own personal judgments formed during his work at the White House and the Justice Department, and on input he received from other Justice Department officials. He will later testify that he cannot recall what any specific official told him about any specific US Attorney. He will call this list a “quick and dirty” compilation and a “preliminary list” that would be subject to “further vetting… down the road” from department leaders. (US Department of Justice 2005 pdf file; US Department of Justice 2/15/2005; Eggen and Solomon 3/12/2007; US Department of Justice 3/13/2007 pdf file; US Department of Justice, Office of the Inspector General 9/29/2008; Thomas 2011) Days later, a Federalist Society lawyer will email Mary Beth Buchanan, the director of the Executive Office of US Attorneys, with a recommendation for Lam’s replacement (see March 7, 2005).
Later Recollections - In the 2008 investigation of the US Attorney firings by the Justice Department’s Office of the Inspector General (see September 29, 2008), Gonzales will tell investigators that he supported the concept of evaluating the US Attorneys’ performance to see “where we could do better.” Gonzales will say that he instructed Sampson to consult with the senior leadership of the Justice Department, obtain a consensus recommendation as to which US Attorneys should be removed, and coordinate with the White House on the process. Gonzales will say that he never discussed with Sampson how to evaluate US Attorneys or what factors to consider when discussing with department leaders which US Attorneys should be removed. Sampson will say that he did not share the list with Gonzales or any other department officials, but will say he believes he briefed Gonzales on it. Gonzales will say he recalls no such briefing, nor does he recall ever seeing the list. Then-Deputy Attorney General James Comey and then-Associate Deputy Attorney General David Margolis will tell OIG investigators about their discussions with Sampson. Comey will recall telling Sampson on February 28, 2005 that he felt Ryan and Lampton belonged in the “weak” category, and will say he may have denoted Heffelfinger and another US Attorney, David O’Meilia, as “weak” performers. Comey will say that he was not aware of Sampson’s work with the White House in compiling a list of US Attorneys to be removed. He will say that he considered his conversation with Sampson “casual” and that Sampson “offhandedly” raised the subject with him. Margolis will recall speaking briefly with Sampson about “weak” performers among the US Attorneys in late 2004 or early 2005, but recall little about the conversation. He will remember that Sampson told him about Miers’s idea of firing all 93 US Attorneys (see November 2004), and agreed with Sampson that such a move would be unwise. Margolis will recall Sampson viewing Miers’s idea as a way to replace some US Attorneys for President Bush’s second term, an idea Margolis will say he endorsed. He was not aware that political considerations may be used to compile a list of potential firings. He will recall looking at a list Sampson had of all 93 Attorneys. He will remember citing Ryan and Lampton as poor performers, as well as Chiara. He will remember saying that eight other US Attorneys might warrant replacement. Sampson will tell OIG investigators that he received no immediate reaction from Miers to the list, and will say he did not remember discussing the basis for his recommendations with her. As for McKay, though Washington state Republicans are sending a steady stream of complaints to the White House concerning McKay’s alleged lack of interest in pursuing voter fraud allegations (see December 2004, Late 2004, Late 2004 or Early 2005, January 4, 2005, and January 4, 2005), Sampson will claim to be unaware of any of them and say he would not have used them as justification to advocate for McKay’s termination. (US Department of Justice, Office of the Inspector General 9/29/2008)

The Justice Department is sent a letter, apparently via surface mail, that, according to a department control sheet, “request[s] an investigation into the voting irregularities and the certification of the Washington State 2004 election” (see December 23, 2004 - January 12, 2005, December 29-30, 2004, January 7, 2005, January 24-28, 2005, February 4, 2005, and March 5, 2005). The sender of the letter is redacted from the control sheet. The letter is marked as received on March 10. On March 15, the letter is referred to the Civil Rights Division “for component response,” and referred to several other bureaus within the department, including the Offices of the Attorney General and Deputy Attorney General. The Civil Rights Division sends a reply on March 24, 2005. The reply is not included in the documents later released by the Justice Department. (US Department of Justice 6/21/2007 pdf file)

The Seattle Times reports that Washington State Democrats believe the White House is behind the efforts to force a recount in the November 2004 governor’s race. Christine Gregoire (D-WI) defeated Dino Rossi (R-WI) after a recount gave Gregoire a narrow victory (see December 23, 2004 - January 12, 2005). Since then Rossi and Washington State Republicans have demanded new recounts or even a new election (see December 29-30, 2004). In January 2005, they filed a lawsuit to overturn the election results, alleging voter fraud tainted the vote (see January 7, 2005, January 24-28, 2005, and February 4, 2005). The FBI and US Attorney John McKay have investigated the allegations of voter fraud and found them groundless (see December 2004 and January 4, 2005), though state Republicans have been displeased with those findings (see Late 2004 or Early 2005, Late 2004, and January 4, 2005). As the lawsuit wends its way through the courts, Democrats tell reporters that the evidence being brought to bear by state Republicans in the lawsuit is worthless. One party attorney says their list of alleged illegal voters would end up as toilet paper “in an outhouse on Blewett Pass” on the mountain highway route that leads to the Chelan County courthouse, where the case will be heard. However, solicitations sent by Washington State Democratic Party chairman Paul Berendt say the White House, led by deputy chief of staff Karl Rove, is pushing the GOP lawsuit. Berendt’s letter warns of “guerrilla tactics” by “right-wing attorneys” and “extremist operatives” who are “meticulously crafting a case to unseat Christine Gregoire.” Berendt stands behind the letter, saying: “[W]e believe this, too. We believe that Rove is in regular contact with people here.” Rossi spokesperson Mary Lane confirms that the Rossi campaign is regularly updating the White House on the case, saying: “They’re interested in what’s going on.… We talk to them about it.” However, “[t]here’s certainly no Karl Rove pulling strings.” White House spokesperson Ken Lisaius says no one in the Bush administration is involved in the lawsuit, telling a reporter: “As reluctant as I am to comment on an inflammatory fund-raising piece, those are just not the facts. The White House is not directing any sort of strategy for the Rossi campaign and to suggest otherwise is to suggest someone is not very well informed.” Berendt points to the Rossi campaign’s use of Washington, DC, attorney Mark Braden as chief counsel; Braden spent 10 years as chief counsel to the Republican National Committee. Berendt says his party uses local attorneys. He also cites Rove’s 1994 involvement in the case of an Alabama state Supreme Court election, in which Rove fought for a recount claiming that the election had been “stolen.” The Times writes: “There are parallels to the current dispute here over the governor’s election. In both cases, Republicans held a news conference with the parents of a military voter to question whether overseas ballots were handled properly. Republicans in both states filed a lawsuit that named a long list of public officials as respondents. Both held rallies; business groups financed media campaigns.” Rove’s candidate eventually won (see Early 1994 - October 1995). Berendt says that Rove was also behind failed attempts to force recalls of Republican Secretary of State Sam Reed and Democratic King County Councilman Dow Constantine. Berendt writes, “We know what they’re doing, and we’re going to tell the world that it’s the Bush team, with the Bush tactics, and Karl Rove pulling the strings that’s trying to defeat us.” (Postman 3/5/2005)

Timothy Griffin, after being elected as a US representative in 2010.Timothy Griffin, after being elected as a US representative in 2010. [Source: Politico]Timothy Griffin, a former Republican National Committee aide and a veteran Republican political operative (see October 26, 2004), learns that Kyle Sampson, deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), has identified the US Attorney for Eastern Arkansas, Bud Cummins, as one of several US Attorneys who should be fired (see January 9, 2005 and March 2, 2005). Griffin, a lawyer who has twice attempted to secure that position for himself, learns of the news from Sara Taylor, the White House’s new director of political affairs (replacing Karl Rove, who still supervises all political issues from his new position as deputy chief of staff—see Late January 2005). Griffin is considering joining Taylor’s staff, but even before his hiring, he attends several “directors” meetings at the White House. After one of these meetings, Taylor shows him the list of US Attorneys slated for dismissal. The list includes Cummins. Taylor says she does not know why Cummins is on the list, but she believes it may be because he lost his sponsor, Senator Tim Hutchinson (R-AR), when Hutchinson lost his bid for re-election in 2002. Griffin joins Taylor’s staff, and shortly thereafter meets with White House counsel Harriet Miers, who also tells him that the White House is planning to fire Cummins. She asks Griffin if he is interested in the position, and he says he would like the job after completing a stint in the White House. Miers warns him that it might be difficult to have him approved for the position after having worked for the White House Office of Political Affairs. Miers, Rove, and Taylor discuss Griffin’s employment options through the rest of March. Miers tells Rove that she has considered making Griffin a political appointee in one of the two US Attorneys’ offices in Arkansas, or perhaps having Griffin replace the deputy director of the Office of Legal Policy at the Justice Department. Rove responds, “What about him for the US Attorney for the Eastern District of Arkansas?” Miers replies that such a move is “definitely a possibility” because the current US Attorney, Cummins, is going to be replaced. Miers tells Rove that Griffin has spoken with her about his desire for the slot, but for now he wants to stay with the White House. Taylor responds to the exchange by saying in part, “My fear is they end up putting him [Griffin] at Justice (which he does not want to do); it’s a year before he’s made US Attorney, if ever.” In another email, Taylor writes to Rove that Griffin “would love to be US Attorney—he’d love to come here in the meantime.” Griffin accepts the position of deputy director of political affairs at the White House, promising Taylor that he will stay in the position at least after the November 2006 election unless the US Attorney position opens up before then. For his part, Cummins, who is toying with the idea of leaving the position, speaks with Griffin periodically throughout the year about Griffin taking the position after Cummins resigns. Cummins will later say that he always assumed the choice as to if and when to resign would be his, and that he always assumed Griffin would get the job because he is so well connected politically. Griffin later says he never pushed Cummins to leave, but will tell Justice Department investigators (see September 29, 2008), “I was laying low.” Griffin will say that to his mind, Cummins’s removal and his own ascension to the post were two separate things. “I didn’t know why he was being fired,” Griffin will say, “but I knew that if he was going to be fired, then I wanted to be considered for that job.” Griffin, a member of the Army Reserve, will leave his White House position in August 2005 to serve as a Judge Advocate General officer in Iraq, and will stay in close contact with officials in both the White House and the Justice Department throughout his yearlong tour of duty. (US Department of Justice, Office of the Inspector General 9/29/2008)

Associate White House counsel Dabney Friedrich, acting at the behest of her superior, White House counsel Harriet Miers, sends Kyle Sampson, deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), an email asking him to confirm Miers’s understanding that the “plan” to fire and replace selected US Attorneys (see November 2004, November 4, 2004, Late December 2004, January 6, 2005, January 9, 2005, and March 2, 2005) is “to wait until each has served a four-year term. She was operating under the assumption that we would act to remove/replace right away.” Sampson replies that he, Friedrich, Miers, and Gonzales should discuss the matter, but he has recommended that the attorneys should be replaced “selectively” after their four-year terms expire. Sampson writes that to do otherwise might cause consternation among home-state politicians and “internal management trouble” within the Justice Department. Sampson emphasizes that he is expressing his views and not those of Gonzales. Friedrich replies with her agreement, and says she would be surprised to hear differently from either Miers or Gonzales. Little is said among the principals in the attorney-firing process for several months. The first expirations will not begin until November 2005, and according to a later Justice Department investigation (see September 29, 2008), Sampson will decide to “back-burner” the issue until later in the year. (US Department of Justice, Office of the Inspector General 9/29/2008; US House of Representatives, Committee on the Judiciary 6/15/2009 pdf file)

FBI documents show that an unnamed political group supplies what it considers to be evidence of voter fraud—the forging of signatures on provisional ballots—to the office of US Attorney John McKay of the Western District of Washington. The group may be the Building Industry Association of Washington (BIAW), headed by Republican activist Tom McCabe, who has pressured McKay to pursue previous allegations of voter fraud in the recent gubernatorial election (see December 2004), evidence that was found to be groundless (see January 4, 2005). McCabe has already demanded that the White House fire McKay and replace him with someone friendlier to Republican interests (see Late 2004). McKay has received pressure on the voter fraud issue from several state Republicans aside from McCabe (see Late 2004 or Early 2005 and January 4, 2005). An Assistant US Attorney in McKay’s office will later confirm that even if the affidavits had been forged, the US Attorney’s office had no jurisdiction over the matter, as the allegations are about a state election and the US Attorney is a federal entity. The group later supplies the evidence to the Republican petitioners in a state case about the election, and its lawyers choose not to pursue the evidence, as the handwriting analysis “proving” the forgeries will be found to be unreliable. (US Department of Justice, Office of the Inspector General 9/29/2008)

The Evergreen Freedom Foundation, a conservative activist organization in Washington state, sends a three-page letter to Attorney General Alberto Gonzales urging the Justice Department to investigate US Attorney John McKay (see October 24, 2001) for misconduct. The foundation charges that McKay “has committed malfeasance by systematically refusing to act on evidence of election fraud delivered to his office.” The foundation, along with several Republican leaders in Washington state, say that McKay willfully ignored complaints of election fraud in the hotly contested 2004 governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). McKay opened an investigation, but did not empanel a grand jury to investigate further (see January 4, 2005, Late 2004 or Early 2005 and Late 2004). McKay will later say that his office found no grounds for the voter fraud allegations: “We had lots of instances of incompetent handling of an election. What we didn’t find was a criminal act.” The director of that group’s voter integrity project, Jonathan Bechtle, later says that he believes his group’s complaint was forwarded to the Justice Department office that oversees US Attorneys, but will say, “I couldn’t get any information out of them as to the conclusion.” (Goldstein 3/19/2007; Iglesias and Seay 5/2008, pp. 133)

Leslie Fahrenkopf, a lawyer in the White House counsel’s office, sends an email to White House counsel Harriet Miers about US Attorney David Iglesias of New Mexico (see October 26, 2004). Fahrenkopf has seen emails from Scott Jennings, an official in the White House Office of Political Affairs, to his boss Timothy Griffin asking that Iglesias be ousted (see May 2 - June 28, 2005). Fahrenkopf writes: “Harriet, per our conversation last week regarding the US Attorney for New Mexico, David Iglesias, I double-checked the dates of Iglesias’s confirmation and appointment. He was confirmed October 11, 2001, and appointed by the president October 16, 2001. You also asked me to remind you to check the chart grading US Attorneys on their performance. Thanks.” Fahrenkopf sends a follow-up email to Miers on June 9, 2005, saying: “Harriet, I just wanted to follow up on this item to see if you wanted to take any action. You will recall that this is the individual who is ruffling some feathers in New Mexico.” Less than an hour after Fahrenkopf sends this email, Miers replies, “I believe the decision is to let his four years run and then appoint someone else, if this is the right case.” Karl Rove, the White House deputy chief of staff and the senior political official in the Bush administration (see Late January 2005), will later testify that he “probably” spoke to Miers about Iglesias before the email exchange involving Miers, Fahrenkopf, Jennings, and Griffin. Miers will testify to having no recollection of the email exchange. She will be asked why, if Iglesias had been ranked so highly just months before (see November 14-18, 2005 and March 2, 2005), he was now being considered for firing. Miers will have no answer. (US House of Representatives, Committee on the Judiciary 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary 6/15/2009 pdf file; Rove 7/7/2009 pdf file; US House of Representatives, Committee on the Judiciary 7/30/2009 pdf file; US House of Representatives, Committee on the Judiciary 8/11/2009)

The civil trial brought by Washington State Republicans to try to “settle” the disputed 2004 governor’s race between Dino Rossi (R-WA) and Christine Gregoire (D-WA) opens. Gregoire won the recount to defeat Rossi by a slender 129-vote margin (see December 23, 2004 - January 12, 2005), but Republicans, claiming an array of voter fraud and other inappropriate actions cost Rossi the vote (see December 29-30, 2004), filed a lawsuit to have the election results overturned (see January 7, 2005). The lawyer for the Republican plaintiffs, Dale Foreman, says in his opening statement that he has evidence of “ballot stuffing” in King County, the most populous county in Washington and a center of Gregoire’s Democratic voter strength. “This is not just a case of sloppy. This is a case of election fraud,” Foreman says. Up until today, Republican plaintiffs have insisted that they would not need to allege fraud in the race to win the lawsuit. “This election was stolen from the legal voters of the state by a bizarre combination of illegal voters and bumbling bureaucrats,” Foreman continues. “King County’s failure to track the absentee ballots was not only unlawful, but it opened the door for ballots to be subtracted or added.… The evidence will show partisan bias. And partisan bias is a very politically correct way of saying, ‘Somebody stuffed the ballot box.’ You know, if it walks like a duck and quacks like a duck, it’s probably a duck.” (US Attorney John McKay will later say that he is amazed to hear Foreman make such a claim, telling a reporter in 2007: “I was shocked to see him use the words ‘ballot-stuffing’ because that is a crime. If you say that, you are ethically bound to prove that.” McKay launched an aggressive investigation into voter fraud after the election that bore no fruit—see December 2004, Late 2004, Late 2004 or Early 2005, January 4, 2005, January 4, 2005, April 28, 2005, and May 2005). Foreman tells the jury that “sinister” fraud and corruption “up the food chain” robbed Rossi of the governor’s office. Judge John Bridges quickly puts an end to Foreman’s claims, reminding him and the jury that he and his clients have not included such charges in their case up until now, and Foreman cannot add them at this point in the proceedings. Bridges will allow Foreman and the plaintiffs to introduce evidence against King County, but will not allow them to label it as fraud in the courtroom. The Seattle Times reports, “That matters because a fraud claim would not require Republicans to show that King County’s actions specifically cost Rossi votes or gave… Gregoire her winning margin of 129 votes.” Now, Republicans must show that specific actions by election workers, illegal votes by convicted felons, and other actions directly affected the candidates’ vote totals. “The judge will wait… to see if they connect the dots and show election fraud,” says Thomas Ahearne, an attorney representing Secretary of State Sam Reed (R-WA). The plaintiffs have scheduled no one to testify about allegations of fraud, including ballot stuffing. The plaintiffs want Bridges to subtract votes they consider to be “illegal” from each candidate based, not on demonstrable fraud or illegality, but on the statistical pattern of the overall vote in each precinct. Democrats consider this idea “bogus,” press reports say. (Postman 5/24/2005; National Journal 5/24/2005; Bowermaster 3/13/2007)

Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor.Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor. [Source: Seattle Post-Intelligencer]State Attorney General Christine Gregoire (D-WA) is certified the winner of the Washington State governor’s race against challenger Dino Rossi (R-WA). Rossi was initially declared the winner (see November 2-30, 2004), but the race was so close that Gregoire asked for a recount, as was her right under the law (see December 23, 2004 - January 12, 2005). Republicans challenged the recount in court, citing 1,678 votes as “illegal” (see January 7, 2005 and January 24-28, 2005). Superior Court Judge John Bridges rules against the Republican plaintiffs. He finds that although some voting irregularities did occur in the largely Democratic King County, they were not the result of deliberate voter fraud or manipulation. “No evidence has been placed before the court to suggest fraud or intentional misconduct,” he says. “Elections officials attempted to perform their responsibilities in a fair and impartial manner.” In only five instances—five votes—was evidence presented that showed the intent of the voter in the 1,678 “illegal” votes cast. For the other 1,673, officials were unable to determine which candidate the voters in question selected on Election Day. None of those five votes were for Gregoire: Democrats presented evidence that four convicted felons had illegally voted for Rossi and a fifth for a third-party candidate. Bridges deducts those five votes from the final tally, giving Gregoire the final and official 133-vote margin of victory. Bridges refused Republicans’ demands to subtract what they called “invalid votes” from the statistical totals of vote tallies, and to statistically refigure the votes. Such an action would constitute the worst kind of judicial activism, Bridges says. As a result, “The court concludes that the election contest petition should be dismissed and the certification of Miss Gregoire as governor confirmed.” State Democratic Chairman Paul Berendt says: “It’s a huge victory. But the centerpiece was that the Republicans never had a case. They need to drop their case so the state can get on with its important business. They have shown that they will spend anything, they will say anything, and they will do anything to tear down Christine, and it’s time for that to stop.” Later in the day, Rossi says he will not appeal the ruling to the Washington Supreme Court: “With today’s decision, and because of the political makeup of the Washington State Supreme Court, which makes it almost impossible to overturn this ruling, I am ending the election contest,” he says. Bridges says that if the election process is flawed, it is up to the state legislature to fix it, not the courts. (Roberts 6/5/2005; Borders et al. v. King County et al. 6/6/2005; Argetsinger 6/7/2005; HistoryLink (.org) 6/7/2005)

Washington State businessman Tom McCabe sends a letter to Representative Doc Hastings (R-WA) demanding that he “ask the White House to replace Mr. McKay” for not adequately pursuing the voter fraud allegations in the 2004 gubernatorial race. McCabe is following up on his earlier insistence that US Attorney John McKay of Western Washington State be fired for not pursuing McCabe’s allegations of voter fraud in the race between Christine Gregoire (D-WA) and Dino Rossi (R-WA) to serve as Washington’s governor (see Late 2004 and Late 2004 or Early 2005) after he provided useless “evidence” of voter fraud in the race (see December 2004 and January 4, 2005). (A judge threw out all of the Republican “evidence” of what they called “voter fraud” in his rejection of the claim—see June 6, 2005). McCabe repeatedly and erroneously claims McKay is a Democrat, and accuses him of deliberately failing to pursue the allegations because of his supposed political stance. McCabe sends copies of the letter to John Fund, a conservative editorialist for the Wall Street Journal; former US Attorney and current federal judge Greg van Tatenhove; and Bob Williams of the conservative Evergreen Freedom Foundation (see May 2005). Hastings will later confirm receiving the memo, and will say that he responded, “I flat out refused to do so, which [Hastings’ chief of staff] Ed Cassidy told him in the bluntest of terms.” Cassidy later says that Hastings’ staff did not reply to the letter. Hastings later says he would not have called the White House to complain about McKay because US Attorneys are executive branch matters. No White House official will recall speaking to Hastings about McKay. (Tom McCabe 7/5/2005 pdf file; Kiel 3/7/2007; Bowermaster and Mundy 3/7/2007; US Department of Justice, Office of the Inspector General 9/29/2008; Thomas 2011) Cassidy raised the issue with McKay months before and was rebuffed (see January 4, 2005). A 2008 Justice Department investigation (see September 29, 2008) will not name McCabe or his organization, the Building Industry Association of Washington (BIAW), as the author of the letter. (Tom McCabe 7/5/2005 pdf file; US Department of Justice, Office of the Inspector General 9/29/2008)

Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), asks Acting Principal Deputy Associate Attorney General William Mercer for his opinion on the performance of a number of US Attorneys. (Mercer is also a US Attorney.) Mercer will later state that Sampson does not say that there is a plan to fire some of the Attorneys (see November 2004, November 4, 2004, Late December 2004, January 6, 2005, January 9, 2005, March 2, 2005, and March 23, 2005), but Mercer understands that such is Sampson’s purpose in asking his opinion. Sampson says that changes might be made in certain districts with productivity problems or policy compliance issues. Mercer will later recall discussing issues with US Attorney Carol Lam’s immigration records (see February 2, 2004, July 30, 2004, and September 23, 2005), and will recall discussions about US Attorney Kevin Ryan as well. Mercer will say he and Sampson may discuss other Attorneys as well, but will state he cannot recall who those Attorneys might be. Mercer gets the sense that Sampson is speaking with other people about the issue, but does not know who those people might be. Mercer will say that he and Sampson do not discuss the issue again until December 2006, when the firing plan is activated (see December 7, 2006). (US Department of Justice, Office of the Inspector General 9/29/2008)

David Iglesias, the US Attorney for New Mexico (see October 18, 2001), does well in his second Evaluation and Review Staff (EARS) evaluation by the Justice Department (see 2002). The report of the evaluation states: “The United States Attorney… was respected by the judiciary, agencies, and staff. The First Assistant United States Attorney… appropriately oversaw the day-to-day work of the senior management team, effectively addressed all management issues, and directed resources to accomplish the department’s and the United States Attorney’s priorities.”” The EARS report contains no criticisms or concerns about Iglesias’s leadership. Of the office (the USAO), the report finds: “The USAO had established an active and effective Anti-Terrorism Advisory Council. The USAO had a nationally recognized and highly effective firearms violence initiative and an active and effective program to address drug trafficking crimes in the district. The USAO was effectively prosecuting immigration and border crimes within the constraints of the available resources.” The only major criticism of the office is an apparent “lack of coordination within the civil division and between the civil and criminal divisions” in some areas. (US House of Representatives, Committee of the Judiciary 4/13/2007 pdf file; US House of Representatives, Committee on the Judiciary 6/15/2007 pdf file; US Department of Justice, Office of the Inspector General 9/29/2008) In January 2006, Iglesias will receive a laudatory letter from Michael Battle, the head of the Executive Office for US Attorneys, praising the “legal management of your office” and his “exemplary leadership in the department’s priority programs.” (US House of Representatives, Committee on the Judiciary 5/21/2007)

Critics say that the legal pursuit of former Wisconsin state purchasing official Georgia Thompson, whose conviction on corruption charges was overturned by a federal appeals court (see April 5, 2007), may have been politically motivated. State Representative David Travis (D-Westport) says Thompson was persecuted by US Attorney Steven Biskupic, a Bush administration appointee. “I think it’s right out of the Karl Rove playbook,” he says, referring to White House political chief Karl Rove. “I never thought I’d see a prosecution like this. That woman is innocent. He’s ruined her life.” Republicans used Thompson’s prosecution and conviction (see June 13, 2006) as a centerpiece of their attempt to thwart the re-election attempts of Governor Jim Doyle (D-WI), who survived a 2006 challenge by Mark Green (R-WI), who accused Doyle of corruption throughout the campaign. Representative Tammy Baldwin (D-WI) calls on Congress to investigate the prosecution, saying the prosecution ties into Congress’s investigation into the firing of eight US Attorneys (see December 7, 2006 and December 20, 2006). “Congress should also look into whether partisan politics influenced, or even dictated, the investigations conducted by the US Attorneys’ offices in order to stay in the [Bush] administration’s good graces,” Baldwin says. “The 7th Circuit acquittal of Georgia Thompson, after a widely publicized pre-election prosecution, certainly raises serious questions about the integrity and motivation of the prosecutor.” Senator Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee, asks Attorney General Alberto Gonzales to turn over all of the Justice Department’s records in the Georgia Thompson case to the committee, “including any communications between the Justice Department, the White House, and any other outside party, including party officials.” Leahy, joined by Wisconsin’s two senators Herb Kohl (D-WI) and Russell Feingold (D-WI), also asks Gonzales to turn over records related to voter fraud investigations in Wisconsin (see Early 2005) and any records pertaining to Biskupic’s possible firing. Wisconsin Democrats have long considered Thompson’s prosecution an attempt to besmirch Doyle before the 2006 election, and have accused Biskupic of mounting a politically motivated pursuit of an innocent government official. (Marley and Walters 4/7/2007; Frommer 4/10/2007; Rourke 4/10/2007) Feingold says in a statement that Thompson was the victim of a “miscarriage of justice,” and adds, “In light of ongoing concerns about the politicization of US Attorneys’ offices around the country, I am seeking further information from the Department of Justice on how this case and voter fraud cases after the 2004 election came about and whether there was improper political pressure to pursue them.” (Federal Document Clearing House 4/10/2007)
Denials of Political Motivations - Biskupic’s First Assistant US Attorney (FAUSA) Michelle Jacobs says that the prosecution of Thompson was not politically motivated, and the office received no contact from the White House or the Justice Department. “They acted on the evidence as they found it, convinced a jury of 12 that there was criminal conduct, convinced a judge who has been sitting on a state and federal bench for 33 years that the verdict was sound,” Jacobs says. “But we just did not convince the court of appeals, and we’ll respect the court of appeals decision.” Andy Gussert, president of the state employees union AFT-Wisconsin, says Congress should look into the Thompson case because servants should “not become political footballs to be kicked around.” He adds: “This prosecution raises additional questions that resonate with concerns about the recent firings of US Attorneys. If people are to have faith in our judicial system, those questions will need answers.” Former State Attorney General Peg Lautenschlager, who was involved in the Thompson investigation, says the investigation was not politically motivated. Lautenschlager is a Democrat, but is considered a political enemy of Doyle’s.
Thompson Nearly Destitute - Thompson’s lawyer, Stephen Hurley, says Thompson has been left almost entirely penniless by the case. She lost her $77,300-a-year state job, about $60,000 in back wages, and owes somewhere between $250,000 and $400,000 in legal fees. She was forced to cash in her state pension and sell her $264,700 condominium, which she had paid off entirely. Travis says the federal government should pay her lost wages and legal costs, and compensate her for her time in prison. State officials say they are prepared to offer Thompson her old job or a similar position at the same salary, and are investigating whether they can reimburse her back wages and pay her legal bills. Thompson says she does not want her old job back, but would like another job in the same division. She is very concerned with staying out of the public spotlight. (Marley and Walters 4/7/2007; Rourke 4/10/2007)
Biskupic Considered for Firing - Unbeknownst to Congress or the press, Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of people to be fired. Biskupic himself will soon claim that he did not prosecute Thompson for political purposes (see April 14, 2007).

An editorial by Adam Cohen in the New York Times concurs that Wisconsin state employee Georgia Thompson was the victim of a politically motivated prosecution. Thompson’s conviction on corruption charges was recently overturned (see April 5, 2007), and critics are now alleging that state Republicans used the Thompson case to help defeat incumbent Governor Jim Doyle (D-WI), who defeated a Republican challenger in November 2006 (see April 7-10, 2007). “The entire affair is raising serious questions about why a United States Attorney put an innocent woman in jail,” Cohen writes. Cohen implies that US Attorney Steven Biskupic of Wisconsin may have pursued the Thompson allegations in order to avoid being fired in the 2006 US Attorney purge (see December 7, 2006 and December 20, 2006). “Members of Congress should ask whether it was by coincidence or design that [Biskupic] turned a flimsy case into a campaign issue that nearly helped Republicans win a pivotal governor’s race,” he writes. The appeals court that overturned Thompson’s conviction was “shocked,” Cohen writes, at the lack of evidence against Thompson. Moreover, Biskupic, the US Attorney for Eastern Wisconsin, took over the case even though it originated in Madison, in the Western District. And he spoke to reporters about the investigation, in apparent defiance of Justice Department guidelines saying federal prosecutors can publicly discuss investigations before an indictment only under extraordinary circumstances. Cohen says the scheduling of the prosecution “worked out perfectly for the Republican candidate for governor. Mr. Biskupic announced Ms. Thompson’s indictment in January 2006. She went to trial that summer, and was sentenced in late September, weeks before the election.” While Biskupic has denied that the timing of the prosecution was “tied to the political calendar,” it was, says Wisconsin Democratic Party chair Joe Wineke, “the No. 1 issue” in the governor’s race. Cohen then writes: “Most of the eight dismissed prosecutors came from swing states, and Democrats suspect they may have been purged to make room for prosecutors who would help Republicans win close elections. If so, it might also mean that United States Attorneys in all swing states were under unusual pressure. Wisconsin may be the closest swing state of all.” President Bush lost Wisconsin by a vanishingly small margin of 12,000 votes in 2004, and by an even narrower margin in 2000. Wisconsin politicians say that Karl Rove, the White House’s political chief, told them Wisconsin was his highest priority, because he believed that having a Republican win the 2006 gubernatorial race would help Republicans win in the 2008 presidential election. Cohen concludes by pointing out the irony of one element of the prosecution: Biskupic charged that Thompson committed the alleged crime to obtain “political advantage for her superiors” and to improve her own “job security.” Cohen writes, “Those motivations, of course, may well describe why Mr. Biskupic prosecuted Ms. Thompson. (Cohen 4/16/2007)
Biskupic Considered for Firing - Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of attorneys under consideration for removal.

US Justice Department official Craig Donsanto, the director of the election crimes branch, sends an email to a colleague expressing his incredulity that the US Attorney for Eastern Wisconsin, Steven Biskupic, brought a case against Wisconsin procurement official Georgia Thompson. Thompson was released in April by an appeals court which overturned her conviction and found that Biskupic’s prosecution was based on extraordinarily sketchy evidence (see April 5, 2007). Many critics now believe that the case was politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). “Bad facts make bad law. How in heck did this case get brought?” Donsanto writes in an email to Justice Department official Raymond Hulser. The press will not report on Donsanto’s consternation until September 2007, when it will be turned over to the House Judiciary Committee, involved in an investigation of the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006). Committee chairman John Conyers (D-MI) will say in a statement: “This email demonstrates that even Justice Department insiders thought the Thompson case was seriously flawed. This only underscores the need for further investigation into the administration’s alleged role in politicizing prosecutions.” Biskupic was once named on a list of US Attorneys to be fired (see March 2, 2005), but was later removed from the list. Attorney General Alberto Gonzales will later testify that he does not know why Biskupic was considered for removal or why he was taken off the list. (Foley 9/6/2007)

Former Wisconsin procurement officer Georgia Thompson, wrongly convicted of corruption in 2006 (see 2001 and June 13, 2006) and freed by an appeals court in 2007 (see April 5, 2007) amid speculation that her prosecution was politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007), was pressured by federal prosecutors to turn on high-ranking Democrats in Wisconsin state government, according to officials involved in the case. In return, prosecutors promised leniency or dropping the charges in their entirety. Her lawyer, Stephen Hurley, says prosecutors wanted her to testify against Governor Jim Doyle (D-WI), the then-Department of Administration Secretary Marc Marotta, and other elected officials. The pressure came from US Attorney Steven Biskupic and others in his office, according to Hurley and co-counsel Marcus Berghahn. “I began to get the impression that the indictment was being used to squeeze her,” says Hurley, saying that these attempts continued even after Thompson’s sentencing (see September 22, 2006), with offers to seek a reduced sentence if Thompson produced evidence that Doyle or others in his administration had broken the law. Hurley, who has been a criminal defense attorney for over 30 years, says: “It was the only time in my career that, after the person was sentenced, the prosecutor has called to renew the discussion. I’ve never had that happen before.” Reporter Bill Lueders writes, “These offers, though not necessarily indicative of improper conduct, suggest that Biskupic and his staff prosecuted Thompson as part of a larger agenda, with potential political overtones.” Biskupic has denied any political motivations behind the prosecution (see April 14, 2007) and refuses to discuss any plea offers with Lueders. Former Dane County assistant district attorney John Burr, a past president of the Association of State Prosecutors, says of Biskupic’s plea offers: “You can’t tell me it was not politically motivated. The powers that be over there thought they were going to go all the way to the governor.” Biskupic’s office, says Burr, prosecuted Thompson to get to Doyle and others. And, “[w]hen they didn’t find anything, they were stuck with it. It blew up in their faces.” Republican gubernatorial candidate Mark Green (R-WI) used the Thompson prosecution as the centerpiece of his campaign against Doyle in the 2006 elections, accusing Doyle of running a corrupt administration. Doyle defeated Green in the election. Many have speculated that the case can be tied to the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006), with Biskupic pursuing the Thompson case to curry favor with the Bush administration and keep himself from being fired. Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of those being considered for firing. Biskupic insisted throughout the prosecution that the case was entirely about Thompson, and not about Doyle or other elected officials, but in his closing arguments, he cited Doyle, Marotta, and others as “players” in the affair, saying: “She’s the link. She’s the one who made this happen. What a terrible coincidence for her that she is in the middle of all this.” One juror later said that “nobody in the jury room had any doubt whatsoever” that Doyle and others were involved, though there is no evidence to support such a conclusion. Former US Attorney Frank Tuerkheimer says there is nothing untoward or unusual about Biskupic trying to “flip” Thompson to get information about higher-ups. “In principle, there is nothing wrong with it,” he says. “There’s no question in my mind that Biskupic was after Thompson to get higher-ups.” The problem was, Tuerkheimer adds, that “Biskupic had a theory of criminality that was ridiculous”—that Thompson was acting at others’ behest. “It just bothers you ‘cause the woman got screwed.” Tuerkheimer notes that Biskupic had Thompson jailed pending her appeal, which was unusual for such a case. She had no criminal history, was not a flight risk, and had a legitimate case for appeal. Most people in her position would have been allowed to stay out of jail pending the appeal. Why did Biskupic insist on having her jailed? Tuerkheimer replies, “It appeared to me that they were trying to pressure her to talk.” (Lueders 5/18/2007) Doyle says he is alarmed by the reports that Biskupic and others tried to pressure Thompson into testifying against members of his administration. “The story is pretty alarming, particularly given that she had testified under oath that nobody had ever asked her to do anything inappropriately,” Doyle says. “Even after… testifying under oath they were still trying to get her to give information that just wasn’t true.” Doyle refuses to say directly that the prosecution was politically motivated, but asks rhetorically, “Does anybody really think that Georgia Thompson, if it hadn’t been an election year, that this would have ever happened to her?” Biskupic’s chief assistant Michelle Jacobs denies that the prosecution had any political components to it, saying: “We would never, and have never, encouraged a defendant to lie to us. To suggest that it is somehow untoward or unusual to approach a post-trial defendant, even a defendant who has testified, about cooperating with us, it’s just not unusual.” (Foley 5/18/2007)

The Justice Department is investigating four cases of alleged selective prosecution, including the prosecution and overturned conviction of Wisconsin government official Georgia Thompson by former US Attorney Steven Biskupic (see April 5, 2007). The department’s Office of Professional Responsibility (OPR) informs the House Judiciary Committee of the investigations, in a letter signed by OPR chief H. Marshall Jarrett. Since Thompson’s conviction was overturned over a year ago, her prosecution has been widely criticized as giving the appearance of being politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). Committee members John Conyers (D-MI), Tammy Baldwin (D-WI), and Linda Sanchez (D-CA) are spearheading the committee’s probe into the Thompson prosecution. Many suspect that Biskupic prosecuted Thompson in order to avoid being fired in the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006). Biskupic has denied knowing he was being considered for termination before he opened his prosecution of Thompson (see March 2, 2005), though he has also admitted to learning about being on the “purge” list after the fact (see April 14, 2007). After he opened that investigation, his name disappeared from the list. (WisPolitics Courtwatch Blog 5/23/2008; Elbow 5/29/2008)


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