Editorial: Why were prosecutors fired?

Sunday, March 11, 2007 | 7:43 a.m.

President Bush has the power to fire U.S. attorneys, who act as federal prosecutors in districts throughout the country. But when he fires seven of them on one day, questions arise.

This is what happened on Dec. 7. Included among this mass firing (altogether, eight federal prosecutors were fired in 2006) was Daniel Bogden, Nevada's U.S. attorney.

Questions mounted after the Justice Department, which handled the firings, said only that the attorneys were let go for "performance-related" reasons. When that explanation proved shallow after the prosecutors' official performance evaluations found their way into the press, the government responded with equally vague statements.

The issue came to a head Tuesday, when the Justice Department and six of the former prosecutors testified before the Senate Judiciary Committee and a House subcommittee. William Moschella, assistant attorney general, gave the government's explanation for the firings. "To be clear, it was for reasons related to policy, priorities and management," he testified. According to The Washington Post, he said the prosecutors were not carrying out Bush administration priorities on immigration, the death penalty and other issues.

Testimony from the fired prosecutors, however, suggests the firings go well beyond those reasons. Bogden testified that he was told the firings were because the Bush administration wanted to put others in the positions as a way of advancing their political careers.

And - coincidentally? - several of the fired prosecutors had performed in ways that could have made them targets of a vindictive administration.

Carol Lam, of San Diego, for example, successfully prosecuted Rep. Randy "Duke" Cunningham, R-Calif., on corruption charges. David Iglesias, of Albuquerque, testified he felt he was under political pressure when he received a call from Sen. Pete Domenici, R-N.M., in regard to a corruption investigation in which Democrats were potential targets. Iglesias said when he told him no indictments would be handed down before the Nov. 7 election, Domenici hung up.

Congress is planning to conduct more bipartisan inquiries into the firings. This is highly appropriate. Federal prosecutors must be assured that when they investigate evidence of corruption, they will not be opening themselves to political retaliation.