Wednesday, January 17, 2007

How has WH been able to purge US Attorney's?

Last year the White House removed Arkansas US Attorney Bud Cummins without any reason given. This year the White House has removed the US Attorney in San Diego and another for the State of Colorado. From TPM Muckraker:
Section 502 of the PATRIOT Act reauthorization, which was first drafted in July of 2005 and finally signed in March of 2006, changed the law regarding the appointment of U.S. Attorneys. Whereas before the relevant federal district court would have appointed a replacement within 120 days after the Attorney General picked one, now that pick stood without challenge.
So what did the change in the Law do? Here is what one commenter posted as the language removed from the law:
Best I can figure here's the original Title 28, Section 546, and the italics represent the language that the PATRIOT Act removed:

(a) Except as provided in subsection (b), the Attorney General
may appoint a United States attorney for the district in which the
office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this
section may serve until the earlier of -

(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or

(2) the expiration of 120 days after appointment by the Attorney General under this section.

(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the
court.
[Note: any italics were lost in the original comment.]
Since the italics he wanted to put in didn't work, the commenter Stealth then posted the new language. Here it is:
Okay, italics didn't work. Here's the new version:

(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this section may serve until the qualification of a United States attorney for such district appointed by the President under section 541 of this title.

As near as I can tell, the new language allows the Attorney General to appoint a replacement US Attorney but he is no longer really temporary. The previous 120 day limitation on how long he or she serves is now gone. The only limit now is that the President can terminate the service of the temporary by appointing a new US Attorney and getting him confirmed by the Senate. This removal the time limit also removes the power of the Federal District Judge to appoint the U.S. Attorney when the time limit that used to be there expires. In other words, this is more centralization of power to the White House, focused on the ability to shut down federal investigations of corrupt Republican officials.

The problem this solves for the Republicans is that the U.S. Attorneys were investigating crooked Republicans. Lamm US Attorney in San Diego was instrumental in sending "Duke" Cunningham to prison and was investigating Rep. Jerry Lewis (CA - R). Since a Federal Judge cannot himself initiate an investigation of corruption, this has to be done by the US Attorney. This is a "protect crooked Republicans" move.

I wonder how long it will be until the Unitary Executive President asserts that the XXII Amendment to the Constitution [Limits President to two terms.] does not apply to a wartime President. The choices are just before the 2008 election, or right after and before the new President is sworn in.

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