House Dems Question Prosecutor’s Independence in U.S. Attorney Probe

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Democrats are already expressing concern about the independence of the prosecutor appointed by Attorney General Michael Mukasey to look into whether DOJ or White House officials broke the law in firing a group of U.S. attorneys in 2006.

Rep. Linda Sanchez (D-CA) said that the fact that the prosecutor — Nora Dannehy, the acting U.S. attorney in Connecticut — is a DOJ employee, could allow the department to interfere with her probe.

Sanchez was speaking at a hearing where DOJ’s Inspector General, Glenn Fine testified. It was Fine’s report into the firings, released Monday, that prompted Mukasey to appoint Dannehy.

Fine did not offer a ringing endorsement of Dannehy’s independence. When Rep. Bobby Scott (D-VA) asked Fine whether the attorney general could over-rule her, Fine replied: “I will have to leave that for another day.”

Sanchez also expressed the fear that Dannehy’s findings could remain secret, since she is not formally required to issue a public report.

In addition, lawyers for the House Judiciary Committee, which has been conducting its own investigation into the matter, yesterday wrote to Mukasey and White House counsel Fred Fielding, asking whether they would cooperate with Dannehy’s investigation. The Inspector General’s report made clear that it was prevented from drawing firmer conclusions by a lack of cooperation from the White House, and, to a lesser extent, the Justice Department.

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