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AttorneyGate Rough Draft -first firing: The OIG Report Timeline

by rcs1

The Attorney firings...

Q: Why did they think they could get away with it?
A: Because they already did, once.

The whole story is contained within this timeline, extracted from the OIG report mentioned below, whose length and format cannot be re-created in a commentary. This is just an introduction and a place to write our comments.

The plot of this dress rehearsal can be mined from a June 2006 report by the Department of Justice's Office of Inspector General (OIG). It includes a welter of suggestive details. You still have to read Report of the Investigation into Allegations Relating to the Selection of the U.S. Attorney for Guam and the Northern Mariana Islands [PDF] very closely to find the nuggets, though.

Much as McClatchy reporters had to with the pre-war National Intelligence Estimate, which carefully squirreled away the truths contradicting the White House's mushroom-cloud imagery, one must grab one's pick and shovel and dig deep into the footnotes. To illustrate, let's look at two passages and their footnote citations.


commentary :: :: :: buzz-it!


First, page 29 of the report states (emphasis added):  
As part of the OIG's investigation, we requested that the Guam USAO and the FBI produce any documents obtained in connection with the investigation into this allegation [that the Presiding Judge of the Superior Court of Guam was paying Abramoff via a 'smurfing' scheme, using multiple $9,000 checks to avoid a $10,000 reporting requirement]. However, the USAO and the FBI told the OIG that they were unable to locate any responsive documents.25

But digging up footnote 25's clarification exposes the document-retention dirt:

25 The Guam USAO reported that copies of the documents received in connection with this matter were not retained by the USAO-Guam.

The FBI office in Guam said it was unable to provide any documents reflecting any investigation into this matter for the period 1999 through 2004.

In a second example, documented on page 15, the OIG report paraphrases recently resigned chief of state Kyle Sampson:

However, Sampson said that he believes the normal procedures were followed in this case - that is, after the interview panel had agreed to propose Rapadas, the interview panel obtained concurrence from the Deputy Attorney General and the Attorney General.9

What dirt does digging into that pesky footnote 9 expose? That Abramoff's associates contacted the DOJ before the name of U.S. Attorney for Guam Fred Black's replacement was forwarded to the White House (emphasis added):

9 Black has also cited press reports which state that Abramoff sent an e-mail to a client in the CNMI in October 2001 in which he discussed his concerns about a federal takeover of immigration law in CNMI, and in which he claimed to have access to Attorney General Ashcroft and his Chief of Staff, David Ayres. Black speculated that Abramoff or his colleagues may have asked Ayres or Ashcroft to take action against Black.

    However, Abramoff denied taking any actions to have Black replaced until February 2002, as discussed in Section IIIF of this report, and Abramoff stated that the contacts with DOJ officials related to Black that took place at that time were undertaken by his colleagues, not by him personally.



To aid in this mining, I've extracted a timeline (if you prefer a version that does not open in a pop up, use this link - timeline ) recording all the dated events from this June 2006 report. The source report was created by the DOJ's Office of the Inspector General, Oversight and Review Division, and it is a veritable Master's thesis of selective ambiguity and misdirection.

Among the information gems buried in these dates is a background investigation that delays Rapadas's nomination by close to a year - before the Patriot Act was revised to eliminate the 120-day term limit on background-check-free interim U.S. Attorney appointments.

When addressing the issues of Black, Guam and Abramoff, however, the report's key misdirection and its major success was in how it framed the biggest question the media thought it answered. The media wanted this answered: Was Abramoff influential on the demotion of Guam's Interim United States Attorney Black?

Instead, the report answered a much less relevant question: Was the specific choice of Leonardo Rapadas for nomination as Black's replacement influenced by the direct intervention of Abramoff himself? The latter question is particularly odd for two reasons: because Abramoff's colleagues, not him, did intervene in the process before Rapadas's selection, and that Abramoff himself didn't care who replaced Black. In Abramoff's own words, on page 20 of the report:

I don't care if they appoint bozo the clown, we need to get rid of Fred Black.

The timeline I've reconstructed is as complete as I could get it from the information in the OIG report. I'm hoping other citizen journalists can use it in their own work. The numbers in parentheses are page numbers of the report; to locate them in the PDF, add 1.

Moseys with scissors

Display:
n/t

by roxy317 on Mon Apr 30, 2007 at 02:47:40 AM EST
As I read your commentary, BTW which is terrific, I have to wonder about the emails....... There most certainly should be some type of trail... I imagine using the Bushco back door infamous system!  

This OIG report reads like a novel to me..it's that interesting!!!!  

Now I am wondering why they kept Black in place...and I'm guessing to appease him....and I'll bet someone is his minder!

by avahome on Mon Apr 30, 2007 at 07:27:26 AM EST

My guess would be that Black was kept around to keep an eye on him, and to raise less of a fuss. That didn't work. Even though Black was out of leadership, he could still witness everything that happened, and could still make a fuss through official channels.

So, when it came time to do the big attorney-purging show, the Administration fixed the flawed third act (the period after the firing) by completely removing the Attorneys from the loop. Without direct access to the corruption that follows their departure, anything the ex-U.S. Attorneys might say about corruption could sound like sour grapes.
Moseys with scissors
by HeyThereItsEric on Mon Apr 30, 2007 at 10:58:54 AM EST
[ Parent ]

The Attorney that was sent in to work/stop Black's involvement in cases in Guam.........funny thing...he's up for replacing the Michigan US Attorney Chiara.

Sourcewatch

Seems Russ gets around!!!!!!!

by avahome on Mon Apr 30, 2007 at 08:32:39 AM EST

I just noticed that I didn't mention the timeline until far after the break - and that's where all the work is. I've added a link just after the Q & A.
Moseys with scissors
by HeyThereItsEric on Mon Apr 30, 2007 at 12:32:11 PM EST
But didn't want to take any more liberties than I already had with your excellent work.

by Cho on Mon Apr 30, 2007 at 12:35:46 PM EST
[ Parent ]
Moseys with scissors indeed - looks like a sharp eye and mind has been trained on this.

by kfred on Mon Apr 30, 2007 at 03:02:35 PM EST
I still can't figure out what exact job Black was demoted to. Was Stoddard hired to take over Black's demoted job, so black could be shoved out once and for all?  The OIG report isn't clear on the dates and relevant job titles.
Moseys with scissors
by HeyThereItsEric on Mon Apr 30, 2007 at 08:19:15 PM EST
the timeline is awesome :-)

by Cho on Mon Apr 30, 2007 at 11:08:13 AM EST

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