http://www.dailykos.com/story/2007/5/2/62425/86437More Patriot Act Shenanigans and USAgate Hotlist
by Jesselyn Radack
Wed May 02, 2007 at 03:31:45 AM PDT
WARNING: DO NOT READ THIS DIARY OVER BREAKFAST.
We already know that the U.S. Attorney purge was related to one pernicious provision, since repealed, slipped into the inaptly-named "Patriot Act." Under that chestnut, Attorney General Gonzales had the authority to name U.S. Attorney replacements who can serve indefinitely without confirmation. This allowed them to do an end-run around Senate confirmation. Under the previous law, to which we have thankfully returned, unconfirmed replacements can serve for only 120 days, after which the district courts name a successor.
But there is at least one other provision of the Patriot Act that implicated by the U.S. Attorney scandal: the "residency" requirement. It said--conveniently for Gonzales who was siphoning off U.S. Attorneys to serve as headquarters officials at Main Justice--that federal prosecutors could live outside their districts to serve in other jobs. As the Church Lady would say, "How con-veen-ient."
But the back story is much uglier. On November 10, 2005, the Montana U.S. Attorney, William Mercer, had a Republican Senate staffer insert the "live two places at once" residency provision, that would apply retroactively (you'll see why in the next sentence), into a Patriot Act reauthorization bill, which changed the rules so that U.S. Attorneys could pull double-duty (which is really a misnomer, because the U.S. Attorneys who abandoned their districts for Main Justice spent their time almost exclusively at the latter.) Gonzales sent a letter that same day to the Honorable Donald Molloy, a federal judge in Montana, assuring him that Mercer was not violating federal law by spending all his time in D.C. at Main Justice. (Molloy had complained to Gonzales three weeks earlier that Mercer was violating federal law because he "no longer resides in Montana" because he and his family had moved to D.C.)
The hypocrisy really glows because in the U.S. Attorney scandal, the Justice Department fired David Iglesias in part because he was absent from New Mexico too much. And Iglesias a least had a real excuse for his absence--he was fulfilling his service as a Naval Reserve officer--not browning his nose in Gonzales' caboose.
P.S. The Republican Senate staffer who inserted the pernicious provision was Bett Tolman--then counsel to Sen. Arlen Specter (R-Pa.). Tolman is now the U.S. Attorney in Utah.