14 May 2007

W.Va. Surfaces in U.S. Attorney Firings Story

Former U.S. Attorney Karl K. "Kasey" Warner told The Associated Press last week that he sees political fingerprints on his 2005 ouster as southern West Virginia's chief federal prosecutor.

Warner's statements raise questions as to whether he belongs on the list of U.S. attorneys whoses firings since President Bush's re-election have fueled investigative hearings on Capitol Hill.

But they also prompted this response from U.S. Justice Department spokesman Dean Boyd: ‘‘We encourage Mr. Warner to provide the department with a written privacy waiver and we will be happy to provide you with the reason for his removal.’’

I sought to chronicle the circumstances surrounding Warner's abrupt departure at the time (will link to any of the other articles if I can find them online), and contributed to last week's story. I also note the recent testimony of former Deputy Attorney General James Comey (YouTube link above).

Comey told the House committee that he oversaw the firing of two U.S. Attorneys during his 2003-2005 tenure. "Both had engaged in what I considered serious misconduct," Comey said.

But while one agreed to step down (following a phone call from Associate Deputy Attorney General David Margolis, known as "The Turk"), "The other insisted on being fired by the president. And so we had the president actually fire him by letter," Comey told Congress.

Warner said before his firing that he had no desire to resign, but that he knew that he served at the will and pleasure of the president.

"The two I was involved with...were not close calls," Comey said. "As soon as you read about it, you said, 'This guy's gotta go.'"

Update: As I noted back in March, "While trying to figure out why Warner was forced out of his post in August 2005, I actually went through the list of 93 U.S. attorneys to see who else among Bush's picks was gone."

That research had allowed me to write that "As President Bill Clinton had done before him, Bush replaced all but one of the country's 93 U.S. attorneys after taking office in 2001." Yet, folks apparently remain confused on this point.

But I was also confused, when I discounted the allegations that since the 2004 re-election, the Bush Administration contemplated firing all 93 of its U.S. attorney appointees.

I was unaware of evidence showing that "then-White House counsel Harriet E. Miers suggested...in February 2005 that all prosecutors be dismissed and replaced," as The Washington Post reported in March.

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