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Firings reek of politics

Former U.S. Attorney John McKay's last performance appraisal gave him a highly favorable rating and said he is "an effective, well-regarded and capable leader." But McKay, of the Justice Department's Western Washington office, got kicked out the door. He is one of at least seven U.S. attorneys across the country who have been removed for what appear to be political reasons.

U.S. attorneys act as chief federal prosecutors within the states and are charged with being fair and independent. But there is no job that can't be filled by political loyalists.

In a hearing before the Senate Judiciary Committee, Paul McNulty, the deputy attorney general, claimed that most of the incumbents had been replaced for performance issues. Yet he admitted to Sen. Charles Schumer, D-N.Y., that H.E. Cummins III, a former U.S. attorney in Arkansas, had done nothing to justify being removed. Cummins was replaced with a former political director for the Republican National Committee.

Schumer is investigating the removals. The administration is exploiting a provision of the reauthorized Patriot Act, which allows it to ignore the Senate confirmation process.

Previously, the president could name an interim U.S. attorney for 120 days. After that, a federal judge would appoint a substitute who would fill the job until the Senate confirmed the administration's choice. The Patriot Act allows the president's appointee to stay in the job indefinitely.

An administration prone to putting partisans and political hacks in key public posts could use this loophole to fill its top prosecutor ranks with party activists who are less than shining legal lights. It also may use this unilateral power to intimidate those prosecutors who remain.

In ousting San Diego U.S. Attorney Carol Lam, the Bush administration has signaled to others in its corps that investigating public corruption comes at a price. Lam headed the office that unearthed the misdeeds of congressman Randy "Duke" Cunningham, who is now in prison after admitting taking more than $2-million in bribes. The probe had been continuing under her leadership and included other members of Congress.

Senate confirmation is integral to reducing the partisanship of presidential appointments and is especially important for posts where impartiality and independence are needed qualifications. The new law that makes it possible to cut the Senate out should be repealed, as a measure introduced by Judiciary Committee Chairman Patrick Leahy, D-Vt., would do. Meanwhile, Schumer and other senators should continue to press for better explanations for the removal of people who seemed to be doing their job.

[Last modified February 9, 2007, 22:41:12]