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The Gonzales Seven: Spotlight on US Attorney Daniel Bogden's Resignation

by rcs1

bumped - cho

Over the last several weeks the brouhaha over the forced resignation of several US Attorneys from around the country has continued to grow. Daniel Bogden, US Attorney, Nevada announced his resignation last month and has recently announced his last day will be February 28th, 2007. There has been no report yet of Senator Ensign recommending a replacement to President Bush, and no report of an "interim" being named by the Attorney General. Senator Reid expressed surprise at the announcement, but Senator Ensign (who recommended Bogden to Bush in the first place) said he was not surprised. He had learned in December 2006 that Bogden was being removed from his position. From the Las Vegas Sun:


commentary :: :: :: buzz-it!
Reid's office could provide little information as to why Bogden was apparently forced out.

Ensign, a Republican who has known about Bogden's departure since Justice Department officials told him about it during a briefing last month, would not offer any explanation.

So, why was Bodgen pushed out? From all reports, he was good at his job and respected by the people of the state of Nevada. Again from the Las Vegas Sun Article:

During his five-year reign as the highest-ranking federal prosecutor in Nevada, Bogden has scored some notable successes. His office boosted firearms prosecutions, secured the convictions of dozens of violent gang members and oversaw the cases against four former Clark County commissioners convicted of taking bribes.

Even defense lawyers, Bogden's frequent courtroom opponents, speak highly of his straightforward style and fair play.

Clark County District Attorney David Roger was shocked when he read the news about Bogden's resignation in the Review-Journal and had this to say about it:

Clark County District Attorney David Roger expressed surprise Monday at the ouster of Nevada's top federal prosecutor, Daniel Bogden, saying Bogden was an aggressive prosecutor who worked effectively with local law enforcement.

[snip]

"I was very surprised his tenure as U.S. attorney has ended," Roger said. "I thought he was a great U.S. attorney."

Nevada's Daniel G. Bogden (R) was recommended by Senator Ensign, nominated by George W. Bush on 9/5/2001 and approved by US Senate on 10/18/2001

Cases under investigation by Bogden's Office

On November 7th, 2006 Las Vegas EyeWitness News reported on federal investigation into alleged fraud by prominent Las Vegas doctors and lawyers.

U.S. Attorney Dan Bogden won't talk about the case except to say he has a special team of prosecutors for this type of alleged fraud. When the I-Team's Colleen McCarty asked FBI honcho Steve Martinez whether the case was going away, his answer was telling.

"Well, we have ongoing investigations and I'm not really in a position where I can discuss ongoing investigations, but I can tell you those kinds of schemes exist in a lot of communities. We have white collar resources here to address those types of situations specifically, and we are very aggressive about going after that kind of thing, especially when you've got people in positions of trust who are willing to compromise that trust. We look at that very hard," said Steve Martinez,  FBI special agent in charge.

Cases prosecuted by Bogden

Just last year, Bodgen's office won corruption convictions against two Clark County, Nevada Commissioners*** and who may be "looking into campaign law violations by at least one member of the state's Congressional delegation."

But Bogden also had three major setbacks in Las Vegas last year.

US Senator John Ensign asked for reconsideration of the decision to replace Bogden ...

The senator asked for reconsideration, arguing to no avail against removing someone doing a good job.

And that brings us to the crux of the matter ... what is really going on with all of the shuffling in the US Attorneys division of the Justice Department. Jane Ann Morrison's column (which appears Monday, Thursday and Saturday) in the Las Vegas Review-Jounal on January 18th, 2007 has this to say:

A GOP source said Ensign was told that the decision to remove U.S. attorneys, primarily in the West, was part of a plan to "give somebody else that experience" to build up the back bench of Republicans by giving them high-profile jobs.

ePluribus Media's February 1st article, Alberto Gonzales: Gaming the System Again in Arizona?, in the ePluribus Media series on US Attorneys asked that we "keep our eyes peeled on Nevada."

Daniel Bogden will leave office in 24 days.  Will he be allowed to stay until a senate approved candidate is named, or will we see another "interim" or "acting" US Attorney appointed, or maybe it will be a full-blown appointment -- as has happened in Alaska, Missouri, DC and other districts?

Update [2007-2-5 0:41:29 by standingup]:***Changed link to reflect text from source.
Display:
I'm just brainstorming here on the why of this.  The comment about building up the backbone struck me.  Is there a history of US Attornies being moved into judgeships?  Where do they usually go for a promotional path?

(P.S. Great Job Rox!)

by kfred on Sun Feb 04, 2007 at 02:45:15 PM EST

Wonder how many are open......or are existing judges retiring, resigning, what?  Or is this another Chess game like on the Civil Rights board.......moving people around and around...................

by avahome on Sun Feb 04, 2007 at 03:01:24 PM EST
[ Parent ]
From Gonzales statement to Justice Department Oversight Hearing of the Senate Judiciary Committee
Washington, D.C.
January 18, 2007

I call upon this body to enact legislation to restore the mandatory nature of the Guidelines to ensure that our Criminal Justice system is both fair and tough. One of the last issues I want to present to the Committee today is the urgent need to reform our immigration laws.

As the grandson of Mexican immigrants, and as a law enforcement official, border security and immigration reform are close to my heart and always on my mind. The President and I believe that we can take pride in being an open country and a nation of immigrants, while also protecting our country from those who seek to harm us.

I will conclude with one final, and I believe urgent request: please give the President's judicial nominees an up or down vote.

Currently, there are 56 judicial vacancies -- half of which have been designated as judicial emergencies.



by roxy317 on Sun Feb 04, 2007 at 03:07:36 PM EST
[ Parent ]
that we know about so far ...

Tim Burgess in Alaska.

William Mercer in Montana -- promoted to Associate Attorney General.

McKay in Washington thought he was getting a judgeship, but didn't get the nod.

by roxy317 on Sun Feb 04, 2007 at 03:00:06 PM EST
[ Parent ]

pure idle speculation:

Yucca Mountain

Nuclear Repository



by Cho on Sun Feb 04, 2007 at 02:56:56 PM EST

State of Nevada is suing the Department of Energy and the EPA ...

Description of Lawsuits and rulings here

by roxy317 on Sun Feb 04, 2007 at 03:03:19 PM EST
[ Parent ]

Lots of good information on this at:
Yucca Mountain.org

Over the past decade, the State of Nevada has filed multiple lawsuits against the federal government regarding the Yucca Mountain Project.

So far I can't find any mention of Bogden in relation to all of this ....

by roxy317 on Sun Feb 04, 2007 at 03:14:45 PM EST
[ Parent ]

an interesting connection via Porter?
From the April 20, 2005 Review Journal ....

A House subcommittee announced plans Tuesday to hire a full-time investigator to scrutinize controversial Yucca Mountain e-mail messages and analyze management practices in the nuclear waste repository program.

The investigator will lead an examination of e-mails that mention falsifying documents within the Energy Department project, said Rep. Jon Porter, R-Nev., the subcommittee chairman.

Porter said he will tell the staff member to delve into Yucca Mountain licensing, treatment of whistle-blowers, worker health concerns and other aspects of the project that have been challenged by critics.



by roxy317 on Sun Feb 04, 2007 at 03:24:30 PM EST
[ Parent ]


by avahome on Sun Feb 04, 2007 at 03:35:31 PM EST
[ Parent ]
"looking into campaign law violations by at least one member of the state's Congressional delegation."

This could possibly be related to Rep. Jon Porter.  There was a former aide who alleged Porter was making fundraising phone calls from his congressional office which would be illegal.  According to the Las Vegas Review Journal, Bogden acknowledged the following:

Porter's release of records came on the same day that U.S. Attorney Daniel Bogden asked the FBI to review a Democratic Party request for an investigation of Porter.

On Monday, Nevada State Democratic Party Chairman Tom Collins asked Bogden to open an investigation into Porter based on media accounts of charges made by Porter's former aide, Jim Shepard.

"We are not stating that Mr. Porter is under investigation, only that the matter will be referred for review," Bogden said.

The Las Vegas Sun reports on November 22, 2006:

After Shepard's allegations surfaced, Nevada Democratic Party Chairman Tom Collins asked the U.S. attorney's office in Las Vegas to investigate. U.S. Attorney Daniel Bogden referred Collins' complaint to the FBI. The bureau then referred the case to the Justice Department, which decided not to pursue the case.

"I can confirm that the investigation was referred to us by the FBI and declined," said Bryan Sierra, spokesman for the Justice Department. "I really can't comment any further."

Legal experts say the department's decision is not uncommon. Although federal law makes it clear that the kind of calls Shepard claims he observed Porter making are illegal, those charged with investigating such charges seem to regard them as the political equivalent of jaywalking.

I can't say for certain this is the only Nevada Congressional delegate possibly being investigated but Porter can probably be crossed off the list.  

by standingup on Mon Feb 05, 2007 at 12:54:02 AM EST

We have at least two Lam and Bogden, who were officially acknowledged as working cases on politicians involved in corruption and campaign violations.  Charlton was looking into Rep. Renzi's dealings.

Cummins might have been investigating Gov. Blunt, but it was not acknowledged officially.

Iglesis seems to have been working on corruption at a local level; McKay seems to be in hot water for not investigating the too tight Democratic Gub race with Gregoire, where the republicans were throwing out accusations of voter fraud.

Ryan so far seems to be the only one who could have been dismissed because of reports of incompetence.

by Cho on Mon Feb 05, 2007 at 09:57:08 AM EST
[ Parent ]

Bogden did convict two commissioners on "conspiracy, wire fraud and extortion."  However, both of the commissioners are Democrats so I doubt this would ruffle any feathers on the partisan front.  

by standingup on Mon Feb 05, 2007 at 11:28:46 AM EST
[ Parent ]
down on this, nice work!!


by luaptifer on Mon Feb 05, 2007 at 10:42:28 AM EST

Was just asking GH last night if he had heard from you recently.  

by standingup on Mon Feb 05, 2007 at 11:30:07 AM EST
[ Parent ]
and anyone who's ever done that knows the process of regurgitation is one accomplished gracelessly but that is best approached with care in advance of one's next move.  

Remember Alka-Seltzer?  Plop-plop, fizz-fizz, for sure I'll know what a relief it is!


by luaptifer on Mon Feb 05, 2007 at 11:52:51 AM EST
[ Parent ]

that is best approached with care in advance of one's next move

It's not necessarily best approached that way, but elephants are packed full of energy and have many big, sharp bones, ya know?  It's taken some time to digest and no matter the approach one considers, it's coming back up with some care!


by luaptifer on Mon Feb 05, 2007 at 12:46:18 PM EST
[ Parent ]

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