Largely unnoticed here @ DKos yesterday (due to what I can only call filibuster fury), Senators Chuck Schumer (D-NY) and Ken Salazar (D-CO) called for a
special prosecutor in the ongoing probe of lobbyist felon Jack Abramoff.
As dengre noted, the Abramoff scandal has fizzled as of late with various media outlets either purposefully or ignorantly running falsehoods or unsupported facts about the scandal. The ongoing search for Bush/Abramoff photos largely obscured Noel Hillman's recent departure as head of the DoJ's Public Integrity section. So where is the scandal headed? How's the larger picture shaping up?
More on that and the Schumer/Salazar letter to AGAG in extended.
First, the
letter to AGAG:
January 26, 2006
The Honorable Alberto Gonzales
United States Department of Justice
950 Pennsylvania Avenue
Washington, D.C. 20530
Dear General Gonzales:
We write to ask you to appoint a special counsel to continue the investigation and the prosecution of those involved in the corruption scandal surrounding Jack Abramoff's dealings with the federal government. This scandal has shaken the public's confidence in our government and all involved must be pursued vigorously. A special counsel will ensure the public's confidence in the investigation and prosecution and help to restore its faith in our government. FBI officials have said the Abramoff investigation "involves systemic corruption within the highest levels of government." Such an assertion indicates extraordinary circumstances and it is in the public interest that you act under your existing authority to appoint a special counsel.
Mr. Abramoff's significant ties to Republican leadership in Congress, and allegations of improper activity involving Administration officials, reaching, possibly, into the White House itself, pose a possible conflict of interest for the Department and thus further warrant the appointment of a special counsel. Recent news reports confirm that Mr. Abramoff met the President on several occasions and during some of those meetings, Mr. Abramoff and his family had their photos taken with the President. Mr. Abramoff also organized at least one and possibly several meetings with White House staff for his clients. These meetings with the President and White House staff occurred while you were serving as White House Counsel. Given the possible ties between Mr. Abramoff and senior government officials, we believe the appointment of a special counsel is not only justified, but necessary.
The Public Integrity section of the Department has thus far pursued this case appropriately, and we applaud its pursuit of Mr. Abramoff and his colleagues. As the investigation turns to government officials and their staffs, both in the Executive and Legislative branches, we have no doubt that if the investigation is left to the career prosecutors in that section, the case would reach its appropriate conclusion. Unfortunately, the highly political context of the allegations and charges may lead some to surmise that political influence may compromise the investigation. This concern is heightened by allegations that Frederick Black, the former acting U.S. Attorney for Guam and the Northern Marianas, was replaced, perhaps improperly, as a result of his investigation of Mr. Abramoff.
Because this investigation is vital to restoring the public's faith in its government, any appearance of bias, special favor or political consideration would be a further blow to our democracy. Appointment of a special counsel would ensure that the investigation and prosecution will proceed without fear or favor and provide the public with full confidence that no one in this country is above the law.
We know you share our commitment to restoring the public's trust in our government. We hope you will take the only appropriate action here and appoint a special counsel so we can ensure that justice is done while preserving the integrity of the Justice Department.
We look forward to hearing from you on this matter soon.
Sincerely,
Chuck Schumer
Ken Salazar
The AP reported Justice's response as:
"[T]here is no legal or ethical reason why the attorney general would need to recuse himself from this investigation as it continues to move forward successfully with a career prosecution team."
The only problem with Justice's statement: Alice Fisher. Alice Fisher is the biggest danger to the ongoing Abramoff investigations. Fisher was a late summer Bush recess appointment to head the DoJ's Criminal Division. The "career prosecution team" at the DoJ's Public Integrity section, which has conducted the bulk of the investigation thus far, is under the leadership of Alice Fisher. (Some remember her as the woman at the Abramoff press conference shortly after his recent plea.) While Fisher isn't 'the' prosecutor investigating Abramoff (Mary K. Butler & M. Kendall Day are), she does hold an enormous amount of power within the DoJ. Who knows what form that pressure may manifest itself once the investigation inevitably turns toward Grover Norquist's contact with Karl Rove on behalf of Jack Abramoff or Karl Rove's hiring of Susan Ralston. Or, the obvious target, Tom DeLay.
A look at Fisher's background is rather troubling. First and foremost, she has zero prosecutorial experience. None. So what's her 'in'? Chertoff. She worked with Chertoff in the mid-90's working on the Senate's Whitewater investigation. From there she went back into the private sector and then, in 2001, became deputy assistant attorney general under Chertoff. Two years later, she went back to the private sector to work at Latham & Watkins and also lobby & serve as counsel at Bill Frist's family company, HCA.
In March '05, Bush nominated Fisher to head the DoJ's Criminal Division. Her nomination stalled in the Senate due to her controversial views on waging the war on terror, suspected ties to Tom DeLay's defense team, and...that whole lack of experience thing. Senator Carl Levin (D-MI) blocked her nomination because he "wants to talk to an agent who named Fisher in an e-mail about allegedly abusive interrogations at the US military prison camp at Guantanamo." Fisher had denied the conversations ever took place and her nomination flatlined...until Bush's recess appointment.
Newsweek reported in May:
[P]olitics almost certainly will creep into the equation. Hillman's new boss will soon be Alice Fisher, who is widely respected but also a loyal Republican socially close to DeLay's defense team. The larger question is whether Justice -- run by Bush's buddy Alberto Gonzales -- will aggressively seek evidence that could lead to DeLay or to other Republicans in Congress. "I just don't know that they have the stomach for it," said a lawyer close to the probe.
Clearly, there is a potential for non-career prosecutor, politically-connected Alice Fisher to lean on those lower down to minimize any damage done to the GOP. A special prosecutor, perhaps even working alongside Mary K. Butler & M. Kendall Day, would ensure that such a power struggle is avoided.
Update [2006-1-27 4:31:53 by jorndorff]: Rep. George Miller (D-CA) has also called for a special prosecutor.
The article mentions a facet of the story altogether new to me:
Abramoff also reportedly helped to quash a classified Justice Department investigation of immigration loopholes in the Marianas that posed a potential threat to U.S. security. Abramoff emails show that he learned of the report and discussed it with then Attorney General Ashcroft's chief of staff at a Washington Redskins football game.