I was searching some local New Mexico newspapers, and found some interesting tidbits that I'll diary soon. But in one of those articles was this intriguing graf:
For a nice analysis, I suggest you visit www.slate.com and search for Dahlia Lithwick.
So, I felt kind of like Bob Woodward Carl Bernstein, getting a secret tip in a dark parking garage, ala All the President's Men. I visit www.slate.com, search for Dahlia Lithwick (great name) and get back 915 returns. Jesus. So I add the term "firings" and bingo!!
I'll give you the explosive graf first (but I highly recommend reading the entire article, "Royal Flush" it's a barn-burner!):
This kind of purge is legal but unprecedented. A recent report by the nonpartisan Congressional Research Service (released Feb. 22, 2007) revealed that since 1981, no more than three U.S. attorneys had ever been forced out under similar circumstances. And now we have six in a day? What's going on?
Three in twenty-five years, and then six in one day? Golly. But that isn't even the biggest jaw-dropper in the article. Here it is:
The new language [in the Patriot Act Reauthorization] doesn't expand the attorney general's authority to fire these folks—they have always served at the president's pleasure and could always be sacked at will. But the new provision does ensure that the attorney general appoints their new "interim" replacements—and that the replacements don't have to be confirmed after 120 days by the Senate, as they used to be.
Okay, okay, we DID know this already. Bush's new appointments can stay in their posts unconfirmed by the Senate until January of 2009. But I don't think we knew THIS:
...nor do federal judges get to name new U.S. attorneys should the Senate fail to confirm interim candidates, as used to happen. In short, both the Senate and the judges are out.
Arlen Specter's minions allowed Bush and the DOJ to insert language into the Patriot Act Reauthorization that denies BOTH the Senate AND the Federal Judiciary from having ANY jurisdiction over U.S. Attorney interim appointments.
Now, I've been looking for the unconstitutionality of the Senate no longer having confirmation power over these appointments, and have fallen short. But I do believe that nixing Federal Judges from the process may be the ticket.
So, I'm looking for some Constitution-scholar-Kossacks to help me pin this one down. If we find something to sink our teeth into, we can pass it along to Senator Leahy or to the House Judiciary Committee.
UPDATE I 3-4-07 11:00PM: From that C.R.S. Report of Feb. 22nd, 2007:
At least 54 U.S. attorneys appointed by the President and confirmed by the Senate left office before completion of a four-year term between 1981 and 2006 (not counting those whose tenure was interrupted by a change in presidential administration). Of those 54, 17 left to become Article III federal judges, one left to become a federal magistrate judge, six left to serve in other positions in the executive branch, four sought elective office, two left to serve in state government, one died, and 15 left to enter or return to private practice. Of the remaining eight U.S. attorneys who left before completing a four-year term without a change in presidential administration, two were apparently dismissed by the President, and three apparently resigned after news reports indicated they had engaged in questionable personal actions. No information was available on the three remaining U.S. attorneys who resigned.
UPDATE II 3-4-07 11:05PM: Apparently, legislation has already been introduced in the House to revert back to the "old way of appointing US Attorneys" Per that same C.R.S. article:
Interim U.S. attorneys are appointed by the Attorney General and serve until the President nominates, and the Senate confirms, a successor. Legislation has been introduced in the 110th Congress (H.R. 580; S. 214) to revert the system of appointment of interim U.S. attorneys to the system in place from 1986 to 2006. Under that system, the appointment of an interim U.S. attorney by the Attorney General expired after 120 days. After that appointment expired, district courts could appoint interim U.S. attorneys who could serve until the President nominated, and the Senate confirmed, a permanent replacement.
FINAL UPDATE III (bedtime) 3-4-07 11:12PM: Seriously, go read the entire Dahlia Lithwick article, she's witty, and she's not afraid to say "The conspiracy theorist in me" (I think I'm in love!)
The conspiracy theorist in me cannot leave unmentioned the possibility that someone at the Bush White House—let's call him "David Addington"—does nothing all day but mark up legislation to diminish congressional and judicial oversight while increasing executive branch authority. Someone at the White House figured out that with a little Wite-Out and the distractions of the Christmas season, the president could remove both the federal judiciary and the Congress from the U.S. attorney appointments process.