Fired U. S. Attorneys - Part III

Spector's admission:

Sen. Arlen Specter (R-PA) confirmed that as Judiciary Committee chairman last year he made a last-minute change to a bill that expanded the administration's power to install U.S. Attorneys without Senate approval.

Seizing upon the new authority granted by Congress last March, the White House has pushed out several U.S. Attorneys, and begun to replace them without the Senate's consent.

"I can confirm for you that yes, it was a Specter provision," a spokesperson for the senator wrote to me in an email earlier today, responding to repeated inquiries. Earlier we reported that Specter had been fingered for the last-minute change, made in a select Republicans-only meeting after the House and Senate had voted on earlier versions.

Now we move to the The Senate Judiciary Committee's oversight hearing:

At an oversight hearing this morning, Sen. Dianne Feinstein (D-CA) grilled Attorney General Alberto Gonzales over the sudden departure of several U.S. Attorneys at the administration's request.

"How many U.S. Attorneys have been asked to resign in the past year?" Feinstein asked Gonzales.

"You're asking me to get into a public discussion" of personnel issues, Gonzales replied.

"I'm asking you to give me a number."

"I don't know the answer to that question," said Gonzales.

The Senator Lahey:

"If we take a break for lunch," Leahy asked him, "would it be possible to get the number Sen. Feinstein asked for?"

Gonzales fished around for an answer, and finally answered, "I think so." But then he said he couldn't get into a public discussion of personnel matters.

"I don't care about the people," Leahy shot back. "Just get us the numbers."

I'm skipping a few things here but you can go to TPM Muckraker for their excellent coverage of this story.

Now enters Senator Schumer and more from Sen. Feinstein:

Sen. Chuck Schumer (D-NY) is slated to lead a hearing before the Judiciary Committee on Feb. 7 on the topic of "Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys?" No witnesses have been announced.

Meanwhile, Sen. Dianne Feinstein's (D-CA) bill to fix the loophole allowing administration appointees to U.S. attorney spots to serve indefinitely could see some action. Sen. Arlen Specter (R-PA), the ranking member on the Judiciary Committee panel, expressed "qualified support" for the measure and asked to work with Feinstein on it, according to his spokeswoman, Courtney Boone.

Now comes an Arkansas Lawyer who challanges the new law:

An Arkansas lawyer has risen to challenge the law which allows the administration to circumvent Senate approval when installing new U.S. Attorneys.

On behalf of his client, an alleged crack cocaine dealer who's accused of killing a man he'd robbed to prevent him from talking to the police, Little Rock lawyer John Hall has challenged the appointment of Timothy Griffin, the recently-appointed U.S. Attorney for eastern Arkansas with close ties to the White House.

Griffin's resume is long on Republican bona fides and short on the sort of law experience usually expected of U.S. Attorneys. He was installed by Attorney General Alberto Gonzales, and thanks to a measure slipped into the USA PATRIOT Improvement and Reauthorization Act last year, may never face Senate confirmation.

Hall's motion argues that because Griffin's appointment circumvented Senate confirmation, it was unconstitutional -- thus rendering the prosecution of his client invalid. "Contrary to the [Justice Department], I've actually read the Constitution a few times," Hall told us.

More to come!