Feinstein: Reports “Fuel My Concerns”

Over the weekend, the Justice Department finally turned over performance evaluations for six of the fired U.S. attorneys to the Senate Judiciary Committee. And as The New York Times reported over the weekend, they were all positive, ranging from “well regarded” to “very competent.”

That’s upset already angry Dems on the committee, who threatened action if they found out the prosecutors had been well rated. In a letter sent late yesterday to Senate Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY), Sen. Dianne Feinstein (D-CA) wrote that “these reports only serve to fuel my concerns that the Department of Justice based its decisions to fire competent and successful U.S. Attorneys because of a desire to put young politically-connected lawyers from the outside into these offices.”

She attached the reports to her letter and called on Reid and McConnell to bring a bill, sponsored by Feinstein and Sen. Arlen Specter (R-PA), that would force the administration to seek Senate confirmation of U.S. attorneys, or otherwise face having replacements appointed by a federal judge.

The text of the letter is below.

The text of the letter:

February 26, 2007

Majority Leader Harry Reid

Republican Leader Mitch McConnell:

This weekend, the Department of Justice finally released six of the Evaluation and Review Staff (EARS) reports of the fired U.S. Attorneys which are attached for your review. EARS reports are thorough and scheduled reviews that are done on a periodic basis to evaluate U.S. Attorneys and determine how they are doing in their jobs, where there is need for improvement, and where there are successes.

Reports were provided for:

· Carol Lam, San Diego
· John McKay, Western District of Washington
· Bud Cummins, Eastern District of Arkansas
· David Iglesias, District of New Mexico
· Paul Charlton, District of Arizona
· Daniel Bogden, District of Nevada

All were favorable and, in fact, all are quite positive reviews of their performances. Indeed, contrary to the Department’s rationalizations to explain their dismissals, in every case the fired U.S. Attorney was judged to have a strategic plan and appropriate priorities to meet the needs of the Department and their districts.

These reports confirm my speculation that the rash of firings that occurred in December was not based on misconduct or poor performances. Instead, these reports only serve to fuel my concerns that the Department of Justice based its decisions to fire competent and successful U.S. Attorneys because of a desire to put young politically-connected lawyers from the outside into these offices.

I continue to believe that it is imperative that we change the law back to the way it had been, and require the Department of Justice to go through regular order and secure Senate confirmation of U.S. Attorneys. I urge you both to find a time to bring S. 214, Preserving United States Attorney Independence Act of 2007, to the floor of the Senate and schedule an up or down vote on the floor.