Tuesday, September 30, 2008

But firing them in person "would have been unpleasant!"

So you guys probably know that the inspector general's report on the firings of the nine U.S. attorneys has been released. What you probably didn't know was there was no malice or political seediness in the process -- just evasion of unpleasantness:

From Legal Times:
Pg. 50: Michael Battle, then Director of the Executive Office for U.S Attorneys, fired the nine U.S. attorneys over the telephone. But at one point, Justice Department officials floated the idea of having then Deputy Attorney General Paul McNulty sack them in person. McNulty, who is criticized in the report for being “remarkably unengaged” in firing process, told investigators that, in the report's words, “it would have been unpleasant to tell the U.S. attorneys they were being removed.” Sampson similarly told investigators that McNulty was cool to idea “because it would have made him uncomfortable.” Besides, McNulty told investigators, Battle’s phone calls were consistent with the plan to keep the firings in a “lower key.”
Battle had a list of talking points and a script he could retreat to if someone started asking questions. Also from Legal Times:
If the U.S. attorneys questioned their dismissal and asked who authorized it, Battle was to retreat to this script: “The Administration made the determination to seek the resignations (not a specific person at the White house or the Department of Justice.)” If they asked “why me,” the response was: “The Administration is grateful for your service, but wants to give someone else a chance to serve in your district.” And if they asked for more time: “The decision is to have a new Acting or Interim U.S. attorney in place by January 31, 2007 (granting ‘extensions’ would hinder the process of getting a new U.S. attorney in place and giving that person the opportunity to serve for a full two years.”
And finally, an excerpt from an e-mail from Sampson to Deputy White House Counsel David Leitch:
as an operational matter, we would like to replace 15-20 percent of the current U.S. 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 U.S. Attorneys, 80-85 percent, I would guess, are doing a great job, are loyal Bushies, etc., etc.

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