CA-41: Lewis, DoJ Drain The Money Swamp

Bruin Kid lets us know that Jerry Lewis will be seeking re-election next year. He's obviously pretty confident that his legal troubles and investigations into his corrupt earmarking will amount to nothing. I'm thinking this is why:

In Los Angeles, a federal criminal investigation of Rep. Jerry Lewis, a California Republican, stalled for nearly six months due to a lack of funds, according to former prosecutors. The lead prosecutor on the inquiry and other lawyers departed the office, and vacancies couldn't be filled. George Cardona, the interim U.S. attorney in Los Angeles, declined to comment on specific cases but confirmed that lack of funds and unfilled vacancies caused delays in some investigations [...]

People with knowledge of the case said that by the time the investigation stalled in December 2006, it had branched out into other areas, including Mr. Lewis's June 2003 role in passing legislation that helped giant hedge fund Cerberus Capital Management. People associated with Cerberus around the same time gave at least $140,000 to a political action committee controlled by Mr. Lewis. Cerberus officials didn't respond to phone calls or emailed questions concerning the Lewis inquiry [...]

After the lead prosecutor in the Lewis case quit, others assigned to the case took time getting up to speed. Brian Hershman, a former deputy chief of the Los Angeles office's public corruption section, declined to comment on specific cases, but confirms that his group's work overall was derailed by the departure of experienced prosecutors. Like several others, he says he left for more money to support his family.

Replacements "are mostly rookies," he says. "It will be some time before they'll be able to restore the section to what it was before."

With additional funds recently made available by Congress, the Los Angeles office has filled 12 of 57 lawyer vacancies and is expecting an additional 12 lawyers to start soon. To jump-start the Lewis investigation, Mr. Cardona, the interim U.S. attorney, in June called on a veteran prosecutor, Michael Emmick, to revive and supervise the investigation, people with knowledge of the investigation say.

Day late and a dollar short on that one, I'd gather. This is approaching criminal conduct by the Justice Department. At a time when the investigation was expanding, Debra Wong Yang (the US Attorney for the region) suddenly jumped ship for the law firm representing Lewis. You can bet they never lacked funds; Yang received nearly $1.5 million. The law firm, Gibson Dunn, took the top assistant off the case as well. So the LA office was thrown into disarray precisely when the investigation was heating up, and the money for the office dried up at the same time. Pathetic. With or without Alberto Gonzales, we still have a DoJ protecting its own and politicized beyond control. And this is the time when Democratic leaders are seeking to call off the dogs in the US Attorney case?

Just One More Unaccountable Appointment Before I Go

The one, and perhaps only, hard piece of accountability that has come out of the widening US Attorney scandal is that the Congress passed legislation striking out the provision in the PATRIOT Act that allowed the Justice Department to appoint replacement federal prosecutors without seeking Senate confirmation. The new law passed in both Houses with expansive, veto-proof majorities (94-2 in the Senate, 306-114 in the House). Any veto would be overridden, so the President has no choice but to sign the bill.

Except he hasn't yet, and the hip-pocket veto has enabled Abu G to strike again - right in my own backyard of Los Angeles.

In a Senate Judiciary Committee business meeting Thursday morning, Senator Patrick Leahy (D-VT) revealed that Attorney General Alberto Gonzales once again used an interim appointment authority at the heart of the US Attorneys controversy that Congress banned in a bill sent to the President for signature on June 4 [...]

Tracy Schmaler, a spokeswoman for Senator Leahy, clarified the situation in an e-mail to RAW STORY.

"It just so happens the committee got notice yesterday, that on June 16, George Cardona's 210 days as Acting U.S. Attorney in the Central District of California will have run out and the Attorney General will appoint him as an interim U.S. Attorney at that time. (i.e. still using the end-run authority because Bush has slow-walked signing the bill)," she wrote.

The Cardona appointment is interesting, to say the least. It was reported in the LA Times just two weeks ago that a new hire for Cardona's position was imminent. The Los Angeles DA Steve Cooley called the pick, Thomas O'Brien, "the most apolitical person selected to that job in quite some time." Remember that the vacancy here was made by Debra Wong Yang's departure to Republican law firm Gibson Dunn, the same firm whose client was Rep. Jerry Lewis, who Yang was investigating at the time.

So Lewis' team had already bought out Yang (allegedly!), and now they were faced with the prospect of a hard-charging independent former DA in the role. That must not have sat well with him. So did Lewis tell the Justice Department to keep their handpicked loyalist in place until he made his way out of Congress (he's rumored to be retiring)?

Marcy Wheeler also sees another angle here.

Finally, the move is especially curious because Gerry Parsky, a bigwig Republican who heads a Commission that picks judicial appointees in CA, has been particularly cranky about being left out of the process of naming USAs. And DOJ already went around him on this position specifically.

Once Yang resigned in November to pursue private law practice, it was up to the commission to make recommendations to the White House and the Justice Department. But Sampson and Goodling tried to generate candidates of their own. Interviews were scheduled with half a dozen people, many of whom had held political appointments in the department.

Parsky did not respond to e-mailed questions about his role in the process.

After word of the interview schedule leaked, Parsky called the White House and the Justice Department to complain, according to a person familiar with the process who requested anonymity because it involves a personnel matter. Goodling was allowed to proceed with the interviews, but was told she had to tell the candidates that they would have to reapply through the commission.

Ultimately, the commission is believed to have recommended two candidates; the only one interviewed by the Justice officials in Washington was a career prosecutor who has headed the criminal division of the Los Angeles office. The White House has not said whom it will nominate for the post.

Some people close to the selection process suspect Goodling and Sampson were attempting an end-run around the commission to install a politically connected Washington insider, possibly by using a law that permitted the attorney general to appoint interim U.S. attorneys without Senate oversight.

Indeed, Parsky was on board with the Thomas O'Brien appointment, according to the recent LA Times article. Until it all fell through.

What the hell's going on here? Why is it so important to keep George Cardona in the Los Angeles USA seat, in defiance of a law passed by over 85% of Congress? Does this have to do with investigations of members of Congress like Lewis (and, potentially, Ken Calvert)? Will there be an effort to suppress the vote in the extremely ethnically diverse region, and must Cardona be the point person for that? It's very, very curious.

CA-41: Connecting the Dots

As mentioned a couple times on Calitics, Bob Novak is reporting that corrupt con Jerry Lewis may retire in 2008.

Republican sources on Capitol Hill and in California say Rep. Jerry Lewis, ranking Republican on the House Appropriations Committee who has been criticized on ethical grounds, will not seek a 16th term next year.

Lewis came under fire last year for pouring millions of dollars worth of earmarks into his heavily Republican southern California district. He has not apologized and vigorously defended himself behind closed doors in the House Republican Conference.

Lewis is one of at least six Republican House members from California who have faced ethical scrutiny, beginning when Duke Cunningham was sent to prison. Most recently, Rep. Ken Calvert, who was sponsored by Lewis for a coveted Appropriations Committee seat, is under attack. He replaced Rep. John Doolittle, another Californian who resigned from the committee because the Justice Department was investigating him.

Novak may be a douchebag of liberty, but he usually has excellent inside information from the GOP (you know, like who's a covert CIA agent and who isn't). It started me wondering why Lewis would retire at this point, when the investigations into his practices have slowed to a crawl. Then I remembered this story I read in yesterday's LA Times:

As Congress investigates whether U.S. attorneys across the nation were fired or forced out for political reasons, the Bush administration appears to be poised to nominate a respected career prosecutor as U.S. attorney in Los Angeles.

Thomas O'Brien, 47, the chief of the office's criminal division, worked for five years in the district attorney's hard-core gang division before moving to the U.S. attorney's office.

"He's probably the most apolitical person selected to that job for some time," Dist. Atty. Steve Cooley said. "He's an excellent pick. He's a career, professional prosecutor."

The position of US Attorney for Los Angeles, which holds jurisdiction over Lewis' case, has been vacant since Debra Wong Yang left in January to go to Gibson Dunn, a high-powered Republican law firm that is also REPRESENTING Lewis. O'Brien appears to be an unlikely pick for an ideological White House - he's competent, apolitical, and a respected prosecutor - but because the Congress is sniffing around all of these US Attorney threads these days, they may have no choice but to hire someone of his stature:

Carl W. Tobias, professor of constitutional law at the University of Richmond, said O'Brien's nomination would be a healthy sign that the Justice Department is changing its policies.

"My sense of what's going on is that there is an inclination at the Justice Department to pick these kinds of people to defuse the controversy," Tobias said. "It seems like it's going to be much more of a meritocracy."

And this could be bad news for the thoroughly unmeritorious Lewis. An independent prosecutor would follow the evidence, and there's a mountain of it where Lewis is concerned. He used the Appropriations Committee in the 109th Congress as his own personal earmark factory, steering contracts to clients of connected lobbyist Bill Lowery, who has graciously given half a million dollars to Lewis campaigns over the years.

A guy like this as US Attorney in LA could be Lewis' worst nightmare:

...O'Brien motivates attorneys to be creative and volunteer for cases. When an assistant U.S. attorney passed out during opening statements last week due to a medical problem, O'Brien took over personally. On Thursday, he was in court on the case.

"He came out with that background as a D.A. where you get a file the day before and go try it," Carter said.

A hard-charging former D.A. versus Jerry Lewis? That's no contest. Maybe it's better for him to get out of Washington while the getting's good, and focus more time and money on saving his own posterior.

Expect Them To Politicize Tragedy

Digby points us to this tidbit in a CNN story speculating on who will replace Abu Gonzales once he decides to spend time forgetting the names of his family:

Several other officials said Republicans have begun discussing a possible replacement.

One name that consistently comes up is Ted Olson, former solicitor general. Olson is seen as having the experience, reputation and credibility needed to steer the department for the next year and a half, through the end of Bush's term.

Digby goes through all of Olson's dirty dealings over the years, his role as a top dog in the hunting of President Clinton, a leader of the Arkansas Project. Digby doesn't mention that Olson argued Bush v. Gore before the Supreme Court as well. The conclusion is thus:

I think it's time for Republicans to realize that their political hitmen are going to have to take a rest and go out into the private sector and make some millions for a while. I'm sure they'll be back. They always come back. But right now, the VRWC needs to take a break. They aren't installing any more dirty trickster, character assassins for the next two years. Nah guh happ'n.

Sounds right, except for one thing: Ted Olson's wife Barbara was on one of the planes that crashed into the World Trade Center on 9-11.

If Olson was nominated, the conservative noise machine would play up the "his wife was on one of the 9-11 planes" angle, saying things like "Liberals are hypocrites for attacking a 9-11 widow when THEIR 9-11 widows are unassailable," and it would generally be the most crass set of confirmation hearings you can imagine, and would lower the discourse in this country more than you could have ever possibly thought it could go.

Which is why it will almost certainly happen.

There's another thing at work here which would make Olson almost certainly radioactive in any Administration but this one. He is somewhat caught up in the US Attorney scandal. He currently works at Gibson, Dunn & Crutcher, a top-flight wingnut law firm in L.A. They were, for a time, handling the Rep. Jerry Lewis investigation (and he paid them over $900,000 to do it). The US Attorney in charge of that investigation, Debra Wong Yang, was suddenly hired by Gibson Dunn for $1.5 million dollars, and her replacement dropped the Lewis case. Dianne Feinstein made an oblique reference in the Gonzales hearing yesterday to an incident where "Harriet Miers discussed whether to remove Deborah Yang from Los Angeles," which was new information.

Now, we don't know how involved Olson was in Lewis' case, but clearly he knows Harriet Miers, having been Solicitor General when she was working under Bush in his first term. And he knows pretty much everybody at the Justice Department too. So there's a client of his law firm's that needs the government to get off his back, and the firm is trying to buy the prosecutor off but it may not be working, so somebody places a phone call to the White House, and all of a sudden, Yang takes the job?

Not the most implausible thing in the world. It ought to certainly come up in any confirmation hearing.

Of course, none of that will matter 'cuz he's a 9-11 widow.

Another Domino Falls in Purgegate

Via (who else?) TPM Muckraker, we have YET ANOTHER example of a federal prosecutor being fired for attempting to investigate a Republican. From The Arizona Republic:

Two weeks after Arizona U.S. Attorney Paul Charlton was ordered to give up his post, he sent an e-mail to a top Justice Department official asking how to handle questions that his ouster was connected to his investigation of Rep. Rick Renzi, R-Ariz.

Charlton, one of eight federal prosecutors forced to resign last year, never received a written response.

It seems like Charlton was beginning his investigation into Renzi, and the Justice Department had some knowledge of it.

And this is curious.

In October, Justice Department officials confirmed that Renzi was the subject of an inquiry into a land swap that would benefit a friend and business associate. Renzi has denied any wrongdoing. He could not be reached Tuesday.

Renzi is a Bush loyalist. When Renzi was locked in a battle for his congressional seat last year, the president came to Arizona to campaign for him.

When the first list of U.S. attorneys targeted for ouster was drafted, Charlton's name was not on it. But his name was on a subsequent list, drafted in September. Although the Renzi inquiry was not yet public, it is likely the Justice Department was aware of the investigation, said a former U.S. attorney who is familiar with the protocol when a sitting lawmaker is involved.

"If we had anything of a major investigative nature, I would notify the Justice Department," said Melvin McDonald, who was Arizona's U.S. attorney in the Reagan administration. "Typically, that's what happens."

So DoJ confirmed an investigation in October. Charlton's name hit the target list in September. And surely, he began the investigation well before DoJ confirmed it.

So let's recap:

• David Iglesias, US Attorney for New Mexico, gets phone calls from Pete Domenici and Heather Wilson pressuring him to indict local Democrats, and we he resists their pressure, he's fired.

• Carol Lam, US Attorney in San Diego, emails the Justice Department about obtaining warrants to search the house of Dusty Foggo, #3 at the CIA, and the next day Kyle Sampson is writing people about "the real problem we have right now with Carol Lam.

• John McKay, US Attorney in Washington State, resists calls to investigate non-existent and baseless accusations of voter fraud, and winds up on a target list, eventually getting fired.

• Daniel Bogden, US Attorney in Nevada, was in the midst of investigations targeting current or former Republican members of Congress (Jim Gibbons?) when he was fired.

• And let's not forget Debra Wong Yang, US Attorney for Los Angeles, who, months after opening an investigation into Rep. Jerry Lewis, was hired away for $1.5 million dollars by the same law firm representing Lewis, which Josh Marshall says is part of "an odd pattern of pivotal investigators and prosecutors getting fortuitous promotions or offers of employment in the private sector at key moments."

Yeah, I think I see a pattern here.

Democrats in Arizona are being pretty aggressive about the Charlton case.

"Obviously, there needs to be an investigation," said Rep. Harry Mitchell, D-Ariz. "You need to find out the facts. It shouldn't be partisan at all."

On Tuesday, the Arizona Democratic Party wrote to members of the Senate Judiciary Committee, asking that it look into a connection between Charlton's removal and the Renzi investigation. The letter, signed by state party Chairman David Waid, said the investigation appears to have stalled since Charlton was forced out.

The newest e-mails, memos and other records raise fresh questions about whether there were political motivations for Charlton's ouster, as the documents indicate that Justice Department officials were still - after the fact - trying to settle on a complete explanation for why Charlton was called on Dec. 7 and told to resign.

DoJ is so busted.

UPDATE: Carpetbagger points me to this Max Blumenthal article that adds some context to the Charlton firing. He was put on the list for targeting at pretty much the same time that he opened the Renzi investigation. Prior to that, he was winning awards for running a model office. And the DoJ alibi for firing him is a... doozy:

The Justice Department and the White House offered a scattershot of alibis for firing Charlton. The Bush Administration's case against Charlton rested ultimately on the account of a little-known Justice Department official named Brent Ward, who claimed in a September 20, 2006 e-mail that Charlton was "unwilling to take good cases."

What accounts for this bizarre e-mail? And who is Brent Ward?

Ward first came to prominence in Utah, where as US Attorney during the Reagan era he cast himself as a crusader against pornography. His battles made him one of the most fervent and earnest witnesses before Attorney General Edwin Meese's Commission on Pornography; he urged "testing the endurance" of pornographers by relentless prosecutions. Meese was so impressed that he named Ward a leader of a group of US Attorneys engaged in a federal anti-pornography campaign, which soon disappeared into the back rooms of adult bookshops to ferret out evildoers. Ward returned to government last year as the chief of the Justice Department's newly created Obscenity Prosecution Task Force, where his main achievement has been the prosecution of the producer of the Girls Gone Wild film series [...]

According to the source, Ward's accusation against Charlton stems from a case he filed in June 2006. That month, Ward ordered Charlton to prosecute Five Star Video, an adult video store that registered on Ward's radar when it mailed copies of the DVD's Gag Factor 18, Filthy Things 6, Gag Factor 15, and American Bukkake 13 to customers across state lines. Charlton agreed to take the case, but as the source told me, Ward implored him to attach an additional US Attorney to it. Concerned about wasting the already limited resources at his disposal on a case of dubious value, Charlton hesitated. Despite his misgivings, he assigned the additional prosecutor--a key fact missing from the White House e-mails.

So, you have a maniac in the DoJ forcing frivolous porno investigations that Charlton FOLLOWS THROUGH ON because it's his job - and then when he's fired, the same maniac is used to claim that he doesn't take "good cases." Like the "American Bukkake 13" ring that has ripped this country asunder.

I'm at a loss...

The Ninth Prosecutor

The President's remarks on the US Attorney scandal were the same kind of out-of-touch obstructionism and intimidation we've come to expect (he's essentially daring Congress to initiate a Constitutional showdown), so no need to replay it here. But Sen. Feinstein is pulling at another thread of the scandal, one little remarked-upon but potentially significant. It's about a legislator essentially bribing a prosecutor to get her off the trail.

Sen. Dianne Feinstein said Tuesday she wants answers about the departure of the former U.S. attorney in Los Angeles, who resigned last October before the Justice Department's dismissal of eight other U.S. attorneys sparked controversy.

"I have questions about Debra Yang's departure and I can't answer those questions right at this time," Feinstein, D-Calif. and a member of the Senate Judiciary Committee, told reporters in response to a question. "Was she asked to resign, and if so, why? We have to ferret that out."

Here's the real scoop: In May 2006, Debra Wong Yang was beginning work on the investigation of Rep. Jerry Lewis, the former chair of the House Appropriations Committee who was being scrutinized over handing out defense earmarks to political friends. Within a few months, Yang resigned... to work for the law firm representing Lewis.

About five months before Yang's departure her office had opened an investigation into ties between Rep. Jerry Lewis, R-Calif., and a lobbyist. When Yang left her U.S. attorney's job she went to work for Gibson, Dunn & Crutcher LLP, the firm where Lewis' legal team works, but government rules required that she recuse herself from that case or any other she was involved with while a government prosecutor.

The Lewis case is connected to the ongoing corruption investigation in San Diego that began with the 2005 conviction of former GOP Rep. Randy "Duke" Cunningham, who is serving jail time for bribery. Former U.S. attorney Carol Lam in San Diego, who was among those dismissed last year, was prosecuting that case. Feinstein contends that Lam's dismissal had something to do with the her role in the Cunningham investigation, though the Justice Department denies it.

Not only that, Yang got $1.5 million dollars to go to work for Gibson Dunn. Ted Olson, the former US Solicitor General, works there too. And the Assistant US Attorney for LA, Douglas Fuchs, joined her.

So here we have the top two federal prosecutors looking into a public corruption case hired away from the government by the law firm representing that same corrupt official.

This is where government cronyism meets corporate cronyism...