Monday, Jan. 22, 2007 | 7:12 a.m.
The Justice Department briefed Nevada Republican Sen. John Ensign last month on plans to replace Nevada's top federal prosecutor, but Ensign has decided that whatever the reasons, the public need not know them.
U.S. Attorney Daniel Bogden of Las Vegas is one of at least seven top federal prosecutors being removed by the Bush administration, five from other Western states. All were appointed by Bush.
As is true with Bogden, the reasons for the departures remain mysterious.
Absent explanations, Democratic lawmakers and lawyers across the West are speculating. They wonder if the prosecutors pursued cases that displeased Washington, or if the Justice Department wants to choose replacements under a new Patriot Act provision that allows the appointments without the customary review by the U.S. Senate.
"If you ask me if my suspicions are aroused, they are," said Sen. Diane Feinstein, D-Calif. Her state lost two U.S. attorneys.
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.
So why did Bogden suddenly announce his resignation Wednesday, after days of speculation that he was forced out of office by the Justice Department?
Officials in Nevada and Washington, D.C., are only providing hints as to why he and the other prosecutors are leaving.
Bogden has declined comment, other than to make a brief statement in a Wednesday news release.
The sudden bloodletting involved U.S. attorneys up and down the West Coast, as well as New Mexico, and one in Arkansas. The new interim U.S. attorney in Arkansas had been a political operative who worked for powerful White House aide Karl Rove.
No potential replacements have yet been named for Bogden, although a Justice Department source confirmed that officials have talked to both Ensign and Senate Majority Leader Harry Reid in recent days regarding a replacement.
Feinstein said she's concerned Bush and his attorney general, Alberto Gonzales, are eager to use a newly added provision of the Patriot Act that would allow Bush to appoint new, interim U.S. attorneys, and to keep them in office until a new president takes charge, without having to get them confirmed by the Senate. This is just one of many speculations.
One theory suggests that Bogden got in political trouble by using the Patriot Act in his prosecution of former Clark County commissioners. The theory goes that the White House wanted to distance itself from what could be perceived as an example of an abuse of the controversial law. Reid and others had argued in 2003 that the prosecutor overreached by using the anti-terrorism law to fight domestic crime.
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.
Other theories being posed in legal circles include Bush and Gonzales wanting to install a team of new prosecutors more receptive to carrying out the administration's law enforcement priorities; or more eager to investigate Democrats - and less eager to investigate Republicans - in public corruption cases.
The White House may also want to use the U.S. attorneys offices to develop a bench of potential Republican candidates for Congress.
Gonzales insisted at Thursday's hearing that the Justice Department plans to continue bringing all nominees before the Senate for confirmation. And as for the resignations, Gonzales testified: "I think I would never, ever make a change in a United States attorney for political reasons or if it would in any way jeopardize an ongoing serious investigation. I just would not do it."
Feinstein, backed by Reid, is skeptical. She called any attempt by the administration to skirt the Senate confirmation process unacceptable and introduced legislation to reverse the law.
After Thursday's hearing, Feinstein said she still does not know why two U.S. attorneys in her state were stepping down. One had prosecuted former Rep. Randy "Duke" Cunningham, R-Calif., for bribery in a case that had been expected to include defense contractors and possibly other Republican lawmakers.
Justice Department spokesman Brian Roehrkasse declined to comment on any of the theories swirling about Bogden or the other U.S. attorneys.
"It is erroneous to believe that anyone would be encouraged to resign in an effort to retaliate against them or interfere with or inappropriately influence a particular investigation, criminal prosecution or civil case," he said.
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