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Context of '2002: US Attorney for New Mexico Does Well in First Performance Review'

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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; Talking Points Memo, 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]

Entity Tags: Judge Advocate General Corps, David C. Iglesias, US Department of the Navy, US Department of Justice, Pietro V. (“Pete”) Domenici, Heather A. Wilson

Timeline Tags: Civil Liberties

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]

Entity Tags: US Department of Justice, David C. Iglesias

Timeline Tags: Civil Liberties

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]

Entity Tags: Patrick J. Fitzgerald, Carol C. Lam, Matt Orwig, Steven M. Biskupic, Thomas A. Zonay, Thomas B. Heffelfinger, Todd P. Graves, Mary Beth Buchanan, Anna Mills S. Wagoner, Alberto R. Gonzales, Margaret M. Chiara, Paul K. Charlton, John L. McKay, D. Kyle Sampson, Kevin J. Ryan, Christopher J. (“Chris”) Christie, Daniel G. Bogden, Debra Wong Yang, David C. Iglesias, Harriet E. Miers, Dunn O. Lampton, House Judiciary Committee, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

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; Washington Post, 3/12/2007; US Department of Justice, 3/13/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 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]

Entity Tags: Carol C. Lam, Kevin Ryan, Anna Mills S. Wagoner, Margaret M. Chiara, Bush administration (43), Paula Silsby, Steven M. Biskupic, Alberto R. Gonzales, US Department of Justice, Thomas B. Heffelfinger, John L. McKay, Jim Greenlee, Mary Beth Buchanan, Harriet E. Miers, James B. Comey Jr., David C. Iglesias, D. Kyle Sampson, David Huber, David Margolis, Kasey Warner, David York, David O’Meilia, Executive Office for US Attorneys (DOJ), Greg Miller, Dunn O. Lampton, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

White House counsel Harriet Miers sends an email that says the White House has decided not to renominate US Attorney David Iglesias of New Mexico (see October 18, 2001) to his current position. The reason for the decision is complaints by New Mexico Republicans that Iglesias has not adequately addressed the issue of Democratic voter fraud in their state (see 2002, August 17, 2004, September 7 - October 6, 2004, September 15-19, 2004, September 23 - October 2004, and May 6, 2005 and After). Miers writes that the “decision” to replace Iglesias with someone more palatable to New Mexico Republicans has been made. At this time, the House Judiciary Committee will note in 2009, the Justice Department has given Iglesias “top rankings” (see 2002 and November 14-18, 2005 ), “so this decision was clearly not just the result of the White House following the department’s lead,” as Miers and White House political chief Karl Rove will later maintain. [US House of Representatives, Committee on the Judiciary, 8/11/2009; Politico, 8/12/2009]

Entity Tags: Harriet E. Miers, David C. Iglesias, Karl C. Rove, House Judiciary Committee

Timeline Tags: Civil Liberties

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]

Entity Tags: US Department of Justice, David C. Iglesias, Michael A. Battle

Timeline Tags: Civil Liberties

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