Dems Suspect Political Retribution, Will Hear From Fired U.S. Attorneys

March 5, 2007 — -- Honest inquiry or political pressure? Differing perceptions of a quick phone call in New Mexico before the midterm elections last November could put one senator in ethical hot water.

Former U.S. attorneys are set to testify before both the House and the Senate Tuesday about why they were fired in recent months to determine whether they are the victims of political retribution. Six attorney were fired with little explanation. They claim they were performing well in their jobs. The Justice Department claims some were dismissed because of poor performance.

Among the six former prosecutors who will testify is David Iglesias, who was until last week the U.S. attorney in New Mexico. He is expected to allege that Republican lawmakers, including New Mexico Sen. Pete Domenici, pressured him to speed up a corruption investigation involving New Mexico Democrats ahead of last November's midterm election .

An outside group has already filed an ethics complaint against Domenici, accusing him of breaking Senate rules by interfering with an ongoing criminal investigation.

Everyone agrees that Domenici picked up the phone last October and called Iglesias, though Iglesias did not name Domenici or another yet-to-be unidentified lawmaker who Iglesias said also tried to pressure him. Rep. Heather Wilson, who has not commented on the Iglesias matter, is the only other New Mexico Republican in Congress.

The topic of conversation between Iglesias and Domenici was a corruption investigation Iglesias was conducting into an alleged kickback scheme involving New Mexico Democrats.

But the substance of that call is up for debate. Domenici, who admits to placing the call, said he was just interested in the timeframe for any potential indictments stemming from the investigation.

"I asked Mr. Iglesias if he could tell me what was going on in that investigation and give me an idea of what timeframe we were looking at," Domenici said in a written statement released Sunday.

Iglesias, however, has said he felt violated by the call and sensed pressure to bring indictments sooner than he wanted to -- before the November election. The indictments never came. And last week Iglesias was fired by the Department of Justice.

Iglesias was not the only person Domenici was calling. A Justice Department spokesman confirmed to The Associated Press that Domenici complained about Iglesias in three separate calls to Attorney General Alberto Gonzales between September 2005 and March 2006. Also, in October 2006, Domenici complained about Iglesias to Deputy Attorney General Paul McNulty. It is unclear if this call was made before or after Domenici's conversation with Iglesias.

Justice Department spokesmen have said Iglesias was among the attorneys let go because of poor performance.

Monday the liberal-leaning public interest group Citizens for Responsibility and Ethics in Washington asked for an ethics investigation of Domenici.

"If, as it appears, Sen. Domenici pressured a sitting U.S. attorney to push a criminal case to benefit a political party, the Ethics Committee should take swift and harsh action," said Melanie Sloan, director of CREW. "No member of Congress can be permitted to manipulate our system of justice for political gain."

Senators will surely question Iglesias about the ethics allegations and his contact with Domenici in the run-up to the November election, but Democrats in the Senate are not expected to take a public stance on whether Domenici violated Senate ethics or whether there should be a full-scale ethics committee investigation until after tomorrow's hearing. Iglesias is expected to dispute Domenici's version of their conversation in which Domenici said, "I have never pressured or threatened him in any way."

The Senate Ethics Committee is unable to comment on any ethics allegations or inquiries, but the Senate ethics manual spells out that the committee will engage in a "preliminary inquiry" whenever it receives a sworn complaint against a senator or senate staffer. Ethics Committee Chairwoman Barbara Boxer, D-Calif., and Vice Chairman Sen. John Cornyn, R-Texas, confirmed Tuesday that a preliminary inquiry into Domenici's actions would, as rules require, be launched.

The preliminary inquiry is not a full-scale investigation but establishes whether the committee should proceed with any sort of action against a senator. This would be the equivalent of a grand jury inquiry.

It is Domenici's admitted call to Iglesias last year that could put him in jeopardy with the committee. According to the ethics rules, it is "against the general advice" of the committee for a senator to meddle in ongoing litigation.

Domenici said he was seeking a status report and a timeframe. A status report inquiry is not against Senate rules as long as the agency being contacted is not "engaged in an ongoing enforcement, investigative or other quasi-judicial proceeding with respect to the matter. …"

While something that is done against the "general advice" of the committee may not violate a specific rule, it could be deemed to constitute an ethics violation, because the committee members could determine the action reflects poorly on the body. But these guidelines are specifically geared to senators intervening in cases on behalf of constituents; so, it is unclear if that will apply to Domenici's interaction with Iglesias.