Never underestimate the resourcefulness of the Bush Administration in finding new ways to circumvent the constitutional checks and balances that have been a part of our form of government since its founding:
In a little noticed provision included in the Patriot Act reauthorization last year, the Administration's authority to appoint interim U.S. Attorneys was greatly expanded. The law was changed so that if a vacancy arises the Attorney General may appoint a replacement for an indefinite period of time thus completely avoiding the Senate confirmation process.
Senators Feinstein, Patrick Leahy (D-Vt.), and Mark Pryor (D-Ark.) last week introduced the Preserving United States Attorney Independence Act, which would prevent further circumvention of the Senate's constitutional prerogative to confirm U.S. Attorneys and restore appointment authority to the appropriate District Courts.
Recent newspaper articles have detailed the circumstances surrounding the departure of several U.S. Attorneys across the country: Politicizing Prosecutors: United States attorneys are so powerful that their impartiality must be beyond question. One way to ensure that is to require them to submit to questions from the Senate, and face a confirmation vote. New York Times 1/15/07. www.nytimes.com/2007/01/15/opinion/15mon2.html?_r=1&oref=slogin
U.S. Attorney Vacancies Spark Concerns: As the Bush administration enters its last two years, a number of U.S. attorneys are departing, causing concern that some high-profile prosecutions may suffer. As many as seven U.S. attorneys. . . are leaving or being pushed out. Wall Street Journal 1/16/07. http://online.wsj.com/google_login.html?url=http%3A%2F%2Fonline.wsj.com% 2Farticle%2FSB116891552371177295.html%3Fmod%3Dgoog lenews_wsj
Lam is Asked to Step Down: The Bush administration has quietly asked San Diego U.S. Attorney Carol Lam, best known for her high-profile prosecutions of politicians and corporate executives, to resign her post, a law enforcement official said. San Diego Union Tribune 1/12/07. http://weblog.signonsandiego.com/uniontrib/20070112/news_1n12lam.html
Nevada U.S. Attorney Given Walking Papers: The Bush administration has forced Daniel Bogden out of his position as U.S. attorney for the District of Nevada, Nevada's two senators said Sunday. Las Vegas Review Journal 1/16/07. www.reviewjournal.com/lvrj_home/2007/Jan-15-Mon-2007/news/11980257.htmlTranscript of Senator Feinstein's floor speech.
P.S. -- The departure that started the uproar is that of Bud Cummins in Little Rock, Ark., whose replacement, Timothy Griffin, is a former political official in the Bush White House and the Republican National Committee. Mr. Cummins, in an interview, said a top Justice official asked for his resignation in June, saying the White House wanted to give another person the opportunity to serve.



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