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Wed Feb 14, 2007 at 11:31:21 AM EST
Without the "official" nomination, of course, the attorney serving in the capacity of U.S. Attorney in charge of a district is never sent to the Senate for vetting and confirmation.
A collaborative piece by Roxy, AvaHome, JeninRI, cho and standingup On February 15th, 2007, keep your eyes peeled on the U.S. Attorney Carol Lam's seat in the California Southern district to see whom Attorney General Alberto Gonzales names as U.S. Attorney to step in until the "official" presidential appointment is made. After that, don't relax too much, because on February 28th, another of the Gonzales Seven, Daniel Bogden, will be stepping down. So far, there's been no announcement of recommendations for his replacement. It will be intriguing to see who fills the spot, even temporarily.
No matter who they are, these two replacements will join a list of 14 who, although serving as their districts' U.S. Attorneys in an official, acting or interim capacity, have not been confirmed by the U.S. Senate.
14 U.S. Attorneys Serving without being Presidentially Appointed*
True acting appointments, of course, are not traditionally sent to the Senate for confirmation, and are limited, under guidelines established by the Vacancy Reform Act of 1998, to 210 days. Interim appointments, on the other hand, lasted for 120 before requiring federal district court approval. However, with the modifications included in USA Patriot and Reauthorization Act of 2005, these interim appointments may have become de facto long-term appointments, without Senate confirmation. These modifications removed the 120 day limit and opened a loophole whereby these temporary appointments could last until the end of the President's term in office (see ePluribus Media's The Alberto Gonzales Appointments), or possibly, indefinitely.
commentary :: :: :: buzz-it!
Two of the Attorneys on this list sparked attention to the possibility of "indefinite" appointments which bypassed Senate oversight: Nelson P. Cohen in Alaska and Tim Griffin in Arkansas were appointed by Attorney General Alberto Gonzales on August 22nd, 2006 and December 16th, 2006, respectively.
When Gonzales was asked about the potential abuse of the loophole, Associated Press writer Laurie Kellman quotes him as responding: ``We are fully committed to ensuring that with respect to every position we have a Senate-confirmed, presidentially appointed U.S. attorney,'' Gonzales told editors and reporters during an interview Tuesday. ![]()
Driven in part by the recent brouhaha over the number, orchestration, and apparently forced nature of the recent U.S. Attorney resignations, Sen. Dianne Feinstein, D-California. has indeed introduced a bill in the Senate to close the loophole in the Patriot Reauthorization Act and restore the Senate's oversight. Other bills seek to restore the language to pre-Patriot Reauthorization Act verbiage. So in addition to those of Griffin and Cohen, what are the "terms" of the others on the list of 14 U.S. Attorneys who have neither been officially nominated by President Bush nor confirmed by the Senate? One (Maine's U.S. Attorney, Paula Silsby) may have been serving as long as six years without confirmation; another (Tennessee Eastern's James Dedrick) has been Acting/Interim U.S. Attorney since July 2005. He was sequentially appointed acting, and when the 210 days ran out, appointed interim U.S. Attorney for a fresh 120 days. Before the 120 days expired, the Patriot Act was reauthorized, rendering the term limitation moot. Others on the list are heading up their districts in either an acting or interim capacity until someone is officially appointed. Several, including Griffin, have been described in DOJ press releases as appointed until the end of Bush's term. In an 01-17-07 interview, Gonzales acknowledged that 10 to 11 U.S. Attorneys have resigned since March 2006. The Gonzales Seven (Lam, Charlton, Bodgen, McKay, Iglesias, Ryan, and Cummins) received the most press, partially because six were contacted and asked, according to a Dan Eggen article in the Washington Post, to resign. There are four others that have resigned since March 2006 for reasons other than promotion to another government position or retirement: Central California - Debra Wong-Yang; Western Missouri - Todd Graves; Puerto Rico - Humberto S. Garcia; and Middle Tennessee -James K. Vines. Except for Garcia, where President Bush just nominated Rosa E. Rodriguez on 1-16-07, an acting or interim is now running the district. The remaining names either replace U.S. Attorneys who have been promoted or retired. In Iowa, Interim U.S. Attorney Matt Dummermuth replaces Charles Larson who retired December 31st, 2006. In the District of Columbia, Interim U.S. Attorney Jeffrey Taylor replaces Ken Wainstein who resigned on September 27th, 2006 to take a new position as the first Assistant Attorney General for the National Security Division. In Nebraska, Interim U.S. Attorney Joe Stecher replaces Michael Heavican who resigned effective October 2nd, 2006 when he was sworn in as the Chief Justice of the Nebraska Supreme Court. It's notable that of the 14, four were identified by a McClatchy Washington Bureau article that listed new appointees with administration ties. The newly appointed U.S. attorneys all have impressive legal credentials, but most of them have few, if any, ties to the communities they've been appointed to serve, and some have had little experience as prosecutors.Those four are:
Before taking a closer look at the circumstances surrounding each attorney on the list, a brief recap. The Process The "old" process for "hiring" a new U.S. Attorney to head up any of the 93 districts is traditionally a 3-parter: The Senators from the state in which the district is located provide a list of suggestions to the President, the President appoints the nominee, and the Senate confirms the appointment. The President customarily takes the recommendation of the senators from the nominee's home state who are of the same party as the President. If there are no senators from the President's party, the President gets recommendations from party leaders in the state. Indeed, the tradition of "senatorial courtesy," as it is called, has at times been so entrenched that if the President disregarded these nominations, the individual would never make it out of the Senate Judiciary Committee. These are critical appointments because the U.S. Attorney in each district office is in charge of staff and the numerous Assistant U.S. Attorneys (AUSAs) who work in them. The Washington D.C. office has 350 AUSAs alone. The Playing Field There are 93 U.S. Districts, each state has at least one district, though some states have more. The 93 U.S. Districts are grouped into 9 circuits, based loosely on geography. Each U.S. Attorney's district wields tremendous prosecutorial power, especially in criminal cases brought by the Federal government and in the prosecution and defense of civil cases in which the United States is a party. The vast majority of these replacements have occurred in the 8th and 9th circuits. Yet in several of these cases, the acting U.S. Attorney has operated for years without Senate confirmation. In others, the situation bears watching, such as the January 31st appointing of Daniel Knauss to step in as acting Arizona U.S. Attorney, while Republican Senators Kyl and McCain recommended Diane Humetewa to Gonzales and President Bush. Who, What, When, Where and How about the 14 so far We've compiled what is known about each of the fifteen who are currently serving without subject to the Senate's confirmation process. Note that, perhaps coincidentally, eight (8) of the replacements are in the 8th and 9th circuit. The information is here: What We Know about 14 Acting, Interim or Serving U.S. Attorneys
14 U.S. Attorneys Never Officially Nominated by President | 3 comments (3 topical, 0 hidden)
14 U.S. Attorneys Never Officially Nominated by President | 3 comments (3 topical, 0 hidden)
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