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DOJ: An Investigation into the Removal of Nine U.S. Attorneys in 2006

An Investigation into the Removal of Nine U.S. Attorneys in 2006, September 2008 (392 pages, PDF)

  • “In sum, we believe that the process used to remove the nine U.S. Attorneys in 2006 was fundamentally flawed. While Presidential appointees can be removed for any reason or for no reason, as long as it is not an illegal or improper reason, Department officials publicly justified the removals as the result of an evaluation that sought to replace underperforming U.S. Attorneys. In fact, we determined that the process implemented largely by Kyle Sampson, Chief of Staff to the Attorney General, was unsystematic and arbitrary, with little oversight by the Attorney General, the Deputy Attorney General, or any other senior Department official. In choosing which U.S. Attorneys to remove, Sampson did not adequately consult with the Department officials most knowledgeable about their performance, or even examine formal evaluations of each U.S. Attorney’s Office, despite his representations to the contrary.
    We also determined that the U.S. Attorneys were not given an opportunity to address concerns about their performance or provided the reasons for their removal, which led to widespread speculation about the true reasons for their removal, including that they were removed for improper partisan political reasons. And to make matters worse, after the removals became public the statements and congressional testimony provided by the Attorney General, the Deputy Attorney General, Sampson, and other Department officials about the reasons for the removals were inconsistent, misleading, and inaccurate in many respects.”

  • Statement by Attorney General Michael B. Mukasey on the Report of an Investigation into the Removal of Nine U.S. Attorneys in 2006: “The Justice Department has an obligation to the American people to pursue this case wherever the facts and the law require. This investigation would ordinarily be conducted under the supervision of either the United States Attorney for the District of Columbia or a Department component. However, the United States Attorney’s Office for the District of Columbia has been recused from the matter, and I have determined that, given the nature of the matter, it would be best overseen by an attorney outside Main Justice. Therefore, I have asked Nora Dannehy to exercise the authority of the United States Attorney for the District of Columbia for purposes of this matter.”
  • Related postings on U.S. Attorney firings

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