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Making a list of reasons for firing US attorneys
Legal Career News | 2007/03/21 07:36

Senior Justice Department officials began drafting memos this month listing specific reasons why they had fired eight U.S. attorneys, intending to cite performance problems such as insubordination, leadership failures and other missteps if needed to convince angry congressional Democrats that the terminations were justified.

The memos, organized as charts with entries for each of the federal prosecutors and labeled "for internal DOJ use only," offer new details about disputes over policy, priorities and management styles between the department and several of its U.S. attorneys.

The prosecutors' shortcomings also were listed in a talking-points memo, indicating the willingness of the Justice Department to make public what are normally confidential personnel matters in order to counter its critics.

Justice Department officials hoped that documenting specific reasons for terminating the prosecutors would satisfy demands for more information after Atty. Gen. Alberto R. Gonzales and his deputy, Paul J. McNulty, described the dismissals as vaguely "performance-related."

According to the charts, as well as e-mails and other documents made public Monday and Tuesday, Carol C. Lam in San Diego was dismissed for not prosecuting more firearms and border smuggling cases, and for repeatedly missing deadlines.

David C. Iglesias in Albuquerque traveled so much he was considered an "absentee landlord."

In San Francisco, where Kevin Ryan was fired, "the office has become the most fractured office in the nation, morale has fallen to the point that it is harming our prosecutorial efforts and [Ryan] has lost the confidence of many of the career prosecutors who are leaving the office."

The justification was equally sweeping for Paul Charlton in Phoenix: "Repeated instances of insubordination, actions taken contrary to instructions, and actions that were clearly unauthorized."

As for Margaret M. Chiara in Grand Rapids, Mich., the memo advised saying nothing about her dismissal because she had not made public statements in her defense. But the memo also said that "if pushed," the department should say morale in her office was low and that Chiara had lost the support of her staff.

The documents show that in a separate chain of e-mails, former White House Counsel Harriet E. Miers mused in November, a month before the firings, about whether President Bush should be briefed about the terminations.



Anti-Clinton Web Ad Draws Attention
Law & Politics | 2007/03/21 07:35

The mysterious Internet video that compares Sen. Hillary Rodham Clinton to Big Brother is the boffo hit of the YouTube Web site. The 74-second clip, a copy of a 1984 Apple ad for its Macintosh computer, has recorded more than 1 million views, with an enormous surge in the past two days. While the video's final image reads "BarackObama.com," the campaign of the Illinois senator has denied being behind it.

Its creator remained anonymous.

But for political strategists, ad experts, even journalists, the ad presents a series of other fundamental unknowns.

- How will Web content outside the control of campaigns affect voters?

- How should campaigns react to anonymous but highly viewed attacks?

- When is Web content, no matter how provocative, newsworthy?

As the Internet looks more and more like an electronic community, politicians are increasingly devoting resources to their Web sites, planting themselves in electronic gathering places such as Facebook.com and MySpace.com and posting their videos on YouTube.

With some exceptions, however, what draws viewers is content that politicians don't control. A video clip of former Sen. John Edwards combing his hair to the dubbed-in tune of "I Feel Pretty" has drawn more than 150,000 views. A clip of Clinton singing a slightly off-key version of the Star-Spangled Banner has drawn more than 1 million views.

What's more, Internet content does not have to meet the strict reporting standards that television and radio ads must observe. That makes the Web the medium of choice for stealthy tactics by partisans operating outside the campaigns.

For candidates caught in the crosshairs, one way to respond is to brush it off, preferably with humor.

Asked about the Macintosh video on Tuesday, Clinton said: "I'm just happy if it's taking attention away from my singing. My singing was bad enough. I'm just happy that nobody is tuning in to that."



Bush reaffirms strong backing to Gonzales
Legal Career News | 2007/03/20 17:30

President Bush renewed his support for Attorney General Alberto Gonzales on Tuesday in the face of resignation calls, as the Democratic-led Congress moved to widen its probe into the firings of eight federal prosecutors. White House counsel Fred Fielding was negotiating with lawmakers over which, if any, administration officials would testify about the sackings, which touched off a firestorm in Congress into whether the dismissals were politically motivated.

With a number of Democrats and a few Republicans in Congress calling for Gonzales to step aside as the nation's chief law enforcement officer, Bush telephoned him early on Tuesday, White House spokeswoman Dana Perino said.

"The president reaffirmed his strong backing and support of the attorney general," Perino said.

Congressional committees plan to vote this week on whether to subpoena those who refuse to testify. They are particularly interested in hearing from White House political strategist Karl Rove. A former aide to Rove was named to replace one of the prosecutors fired last year.

Critics charge the administration dismissed the prosecutors to make room for its allies or because it felt some were too tough on Republicans and not tough enough on Democrats.

Recently released documents showed the administration had considered firing all the nation's 93 U.S. attorneys, each a Bush appointee, at the end of president's first term in January 2005. But later it decided to dismiss just eight.

The documents also showed the U.S. attorneys were judged on such factors as their effectiveness as well as their loyalty to the administration.

Former prosecutors said they were given little if any reason for their dismissal and were warned the administration might retaliate if they complained. The administration denied any such threats.

Many Republicans lawmakers have said publicly that no judgment should be made on Gonzales until the facts are determined.



Sacramento firm helps women reach $3.25M settlement
Court Feed News | 2007/03/20 08:24

The city of Modesto has agreed to pay $3.25 million to settle allegations of sex discrimination, harassment and retaliation filed by a Sacramento law firm on behalf of three female employees.

The settlement was confirmed by Stanislaus County Superior Court Judge Roger Beauchesne on Monday. The women were represented by Susan Kirkgaard, a trial attorney at Diepenbrock Harrison who specializes in employment law.

  City employees Karin Rodriguez, Jocelyn Reed and Debra Eggerman alleged that high-level managers in the city created a workplace that discriminated against and was hostile to women.

The women complained they were denied promotions and pay equal to their male counterparts, in violation of state law. When they reported the problems to city officials, the city did nothing to stop the discrimination and harassment; instead retaliating against them, the women alleged.

"Unfortunately, gender disparity has historically been a systemic problem within the city," Kirkgaard said in a prepared statement. "During the time we have been fighting this war, we have seen the city attorney, city manager and a number of deputy directors leave the city's employment -- and I believe it to be caused in part by the claims we were raising."

The city settled the case to avoid complex and protracted litigation, said litigation counsel Shelline K. Bennett. The city did not admit liability.

"This resolution provides an opportunity to conclude a difficult chapter so that the organization can move forward," city manager George Britton said in a prepared statement.



White House Seeking Gonzales Replacements
Headline News | 2007/03/20 01:16

Republican officials operating at the behest of the White House have begun seeking a possible successor to Attorney General Alberto Gonzales, whose support among GOP lawmakers on Capitol Hill has collapsed, according to party sources familiar with the discussions.

Among the names floated Monday by administration officials are Homeland Security Secretary Michael Chertoff and White House anti-terrorism coordinator Frances Townsend. Former Deputy Attorney General Larry Thompson is a White House prospect. So is former solicitor general Theodore B. Olson, but sources were unsure whether he would want the job.

Republican sources also disclosed that it is now a virtual certainty that Deputy Attorney General Paul J. McNulty, whose incomplete and inaccurate congressional testimony about the prosecutors helped precipitate the crisis, will also resign shortly. Officials were debating whether Gonzales and McNulty should depart at the same time or whether McNulty should go a day or two after Gonzales. Still known as "The Judge" for his service on the Texas Supreme Court, Gonzales is one of the few remaining original Texans who came to Washington with President Bush.



Ex-Saddam VP faces Iraq execution
Legal World News | 2007/03/19 21:12

Former Iraqi Vice President Taha Yassin Ramadan will be hanged Tuesday, according to Iraqi legal sources quoted by wire services Monday afternoon. The Iraqi government has scheduled the execution despite defense lawyers' contention that the government must wait at least 30 days after sentencing to execute a defendant. Ramadan, found guilty with Saddam Hussein of crimes against humanity by the Iraqi High Tribunal (IHT) in November for his role in the reprisal killings of 148 Shiites at Dujail, lost an appeal of his sentence last week. He was originally given a life sentence, but after intervention by the appeals panel the trial court in February ordered the death penalty.

Following the failed appeal Ramadan's Rome-based lawyer Giovanni Di Stefano sent a letter to Gen. David Petraeus, commanding general of the Multi-National Force Iraq, urging him to intervene and prevent Ramadan's transfer from US to Iraqi custody. Di Stefano has also petitioned Iraqi President Jalal Talabani, who has expressed opposition to the death penalty, to intervene and commute Ramadan's sentence. In an e-mail to JURIST late Monday, Di Stefano, formerly one of lawyers representing Saddam Hussein, said he had already moved to prosecute Saddam trial chief judge Rauf Rasheed Abdel-Rahman in the UK after he was alleged to have sought asylum there, and would "prosecute any and all that have been involved in the execution of my clients."

Last week, UN Special Rapporteur on the independence of judges and lawyers Leandro Despouy urged the Iraqi government not to execute Ramadan because of "grave shortcomings" in his legal process. In February, UN Special Rapporteur on extrajudicial, summary or arbitrary executions Phillip Alston also called on the government to suspend the execution because of judicial misconduct.



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