90 seconds sealed Bogden’s fate

Wednesday, April 18, 2007 | 7:09 a.m.

WASHINGTON - Attorney General Alberto Gonzales' top aide has told congressional investigators that he cannot recall who recommended firing U.S. Attorney Daniel Bogden of Nevada or why. But the aide does remember that the final Justice Department conversation deciding Bogden's fate lasted about 90 seconds.

Kyle Sampson, Gonzales' former chief of staff, testified Sunday behind closed doors before a congressional panel that he couldn't remember any specific problems with Bogden's performance.

Sampson said the decision to fire Bogden was a close one - more difficult than those involving the other seven attorneys fired last year.

Disclosure of Sampson's remarks comes as Gonzales prepares to testify before the Senate Judiciary Committee on Thursday. Democrats and some Republicans say his testimony may determine whether he keeps his job.

The Justice Department has given shifting reasons for the dismissal of the eight prosecutors, leading to allegations by Democrats that the White House wanted to install those more politically loyal to the Bush administration.

Sampson was interviewed under oath Sunday by Democratic and Republican staff members from the House and Senate Judiciary Committees. No senators or representatives were present. Sampson's testimony was recounted to the Sun by a senior Judiciary Committee aide familiar with the transcript of the proceedings.

Sampson said he neither read Bogden's performance review nor was asked to do so by the attorney general. Nor did he consult with Nevada's law enforcement community before the firing.

Aside from one complaint inside Justice over Bogden's decision not to pursue an adult obscenity case immediately, Sampson said , he couldn't remember any specific complaints - from the White House or from the Justice Department. Testimony and documents have revealed that some of the other fired attorneys had been at odds with the Justice Department over policies.

Justice Department documents have shown that two days before the firings, Deputy Attorney General Paul McNulty sent an e-mail saying he was "skittish" about having Bogden on the list. McNulty wrote that he was worried that Bogden, then 50, had spent his career working his way up the ladder as a prosecutor, and if fired, would have to find a job in the private sector.

When Sampson was asked about the e-mail on Sunday, he recalled a meeting in his office about McNulty's concerns over Bogden - presumably shortly before the firings.

Joining Sampson and McNulty at the meeting were other officials, but Sampson said he could not be certain exactly who attended. He said they possibly included Associate Attorney General William Mercer, who is the No. 3 official at Justice; Michael Elston, McNulty's chief of staff; and the department's White House liaison, Monica Goodling.

Sampson said that in the brief conversation, McNulty reiterated his concern about Bogden's future and that of his family.

Another person at the meeting, whose identity Sampson said he could not recall, replied that Bogden is a bachelor. McNulty reacted by dropping the matter and leaving the office. The conversation lasted about 90 seconds, Sampson said.

Reached at his Reno home Tuesday, Bogden declined to comment on Sampson's testimony.

Jon Summers, a spokesman for Senate Majority Leader Harry Reid, D-Nev., said : "It seems like the more we learn about what went on, the clearer it becomes that Dan Bogden got a raw deal. They made the decision about this man's future in 90 seconds - 90 seconds. A professional prosecutor (who) prosecuted some of the highest - profile cases in the state, loses his job in 90 seconds."

Sen. John Ensign, R-Nev., an outspoken critic of the Justice Department's decision to remove Bogden, believes the disclosure further shows problems with the firing.

"It confirms what Sen. Ensign has said all along - the Department of Justice mishandled the firing of Dan Bogden," spokesman Tory Mazzola said.

Sampson took the lead on the White House's initial inquiry about replacing attorneys two years ago. He testified Sunday that his role was to merely aggregate information, that none of the attorneys was on the list because he believed they should be fired.

The Justice Department initially said the U.S. attorneys were fired for performance-related reasons - except for the one in Little Rock, Ark., who was let go so an aide to Bush adviser Karl Rove could be hired. But then Justice backtracked and said Bogden was let go simply to bring new energy to the office.

Bogden testified under oath before a congressional committee this year that he was told he was being removed to give someone else a chance to beef up his resume.

Sampson said that in the view of those involved in the decision, some prosecutors were fired as an outgrowth of complaints, while others were simply considered mediocre.

Recently released performance reviews show Bogden received positive assessments.

Justice officials could not be reached for comment.