Spotlight on Daniel Bogden, Nevada

Daniel Bogden
Original Publication Date
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:

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.

Spotlight on Paul Charlton, Arizona

Paul Charlton
Original Publication Date

The Curious Tale of Paul Charlton

While serving the state of Arizona as US Attorney, Paul Charlton garnered a good reputation with many organizations, from the local to the national level. Nominated by George W. Bush and approved by the Senate in 2001, Charlton spent five years creating a reputation that had the FBI calling him supportive and proactive, the Drug Enforcement Agency (DEA) calling him outstanding and dedicated, and local officials said he was responsive and diplomatic.

During his tenure as the Arizona U.S. Attorney, Charlton established the Anti-Terrorism Advisory Council (ATAC), a program that has improved communication and coordination between law enforcement agencies; a National Security Division within the U.S. Attorney' s Office to actively work with law enforcement agencies on terrorism related criminal cases, and expanded the Victim Advocate staff in his office to better serve crime victims. In 2002, the U.S. Attorney' s Office Victim Witness Program was awarded the Federal Service Award, and this December the U.S. Department of Justice announced that the Arizona U.S. Attorney's Office would serve as a national "Model Program."1

Not bad work for a 15-year veteran of the U.S. Attorney's office, and clearly not the kind of person you'd expect to make waves or cause trouble for his superiors. So it's surprising to discover that Charlton was one of seven US Attorneys that were asked to resign by the Administration on December 7th, 2006.

Spotlight on H.E. Cummins, Eastern Arkansas

HE Cummins
Original Publication Date

It isn't new news that US Attorney H.E. "Bud" Cummins (Eastern District of Arkansas) "resigned" abruptly in December 2006.  And it isn't new news that former aide to Karl Rove, J. Timothy Griffin was picked by Attorney General Alberto Gonzalez to be Cummins' replacement.

And it certainly isn't new news that Arkansas Senators Mark Pryor and Blanche Lincoln (both Democrats) have been critical of the circumvention of the process that normally has the Senate provide its advice and consent regarding the appointment of US Attorneys.

Spotlight on Carol Lam, Southern California

Carol Lam
Original Publication Date

On January 16th, 2007 Carol Lam, US Attorney for California's Southern District, announced she would step down from her post, and her last day will be February 15th, 2007.

According to an article in the San Diego Union-Tribune:

Lam was targeted for dismissal because of "performance-related" issues after the Justice Department received complaints from members of Congress about her handling of immigration enforcement cases, said Deputy Attorney General Paul McNulty.

However, there is another side to the dismissal. From the same Union-Tribune article:

The critics have speculated that Lam is being removed to cripple an investigation into corruption in Congress. Lam's office prosecuted former Congressman Randy "Duke" Cunningham, and that case has led to investigations of other lawmakers.

The Alberto Gonzales Appointments: How the Process Has Changed and Why this is so Important

Court House
Original Publication Date

The news over the past few weeks regarding Alberto Gonzales and the resignations and replacements of US Attorneys has generated much attention. The reasons are certainly numerous: the timing of Scooter Libby's trial, the ties that the replacements have to the Bush administration, the questions surrounding the abrupt nature of the resignations and the inevitable comparisons to the Saturday Night Massacre back in 1973.

Until recently (as with many actions regarding political and governmental appointments), there was a general process that was followed when a candidate is suggested, nominated, appointed and confirmed as a U.S. Attorney. Both the Legislative Branch and the Executive Branch are involved in this process.


There are 93 US Attorneys (including Puerto Rico and Guam), with each Attorney representing a "district." Obviously, some states have more than one district while some states have only one district. The following basic information is from the US Department of Justice's web site (emphasis added):

United States Attorneys are appointed by, and serve at the discretion of, the President of the United States, with advice and consent of the United States Senate.

The Gonzales Seven - Part I

Gonzales Seven
Original Publication Date

What do U.S. Attorneys Lam, Ryan, Bogden, Iglesias, Cummins, Charlton, and McKay have in common?

The short answer: They may have been encouraged to resign by the United States Attorney General Alberto Gonzales.

It is no news by now that over the past few months (and gaining speed since the November elections returned the House, the Senate and many state governments to Democratic control) Alberto Gonzales' Justice Department has been moving stealthily to force at least 7 U.S. Attorneys out of their appointed positions.

Gonzales himself acknowledges that (since the reauthorization of the Patriot Act (in March 2006) which allows for these interim "recess appointments") 11 U.S. Attorneys have resigned. With only 93 U.S. Attorneys, this represents a full 11.8% turnover in less than 9 months.

The last time this many US Attorneys have been forced out in one fell swoop was back in, well, as Sen. Dianne Feinstein quoted Peter Nunez: "This is like nothing I have ever seen in my 35-plus years." Nunez, who served as the San Diego U.S. Attorney from 1982 to 1988, has also stated: "I've heard nothing but complaints over the last six years about how many things the Justice Department is demanding relating to bureaucracy and red tape."

Notably, in these seven cases there appears to be no allegations of wrong doing.

So who are the seven and who replaces them?