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twitterJUSTICE:
To some, Bogden + Reid doesn’t add up
The senator says he’s recommending reappointment because the former U.S. attorney was fired unjustly
ASSOCIATED PRESS FILE
Daniel Bogden of Nevada, center, and other former U.S. attorneys fired by the George W. Bush administration testify in 2007 before a House Judiciary subcommittee. Bogden, a Bush appointee who is registered as nonpartisan, and eight other U.S. attorneys were fired abruptly in December 2006.
Saturday, June 13, 2009 | 2 a.m.
Sun Archives
- Reid recommends Bogden for U.S. attorney (3-9-09)
- Rove, Miers to testify over U.S. Attorney firings (3-4-09)
- Life after civil service (12-9-07)
- Bogden replacement nominated (11-15-07)
- 'Outstanding work' in 2005, fired in 2006 (4-19-07)
- 90 seconds sealed Bogden's fate (4-18-07)
- The Sun Interview (3-25-07)
- Bogden not well known at Justice (3-21-07)
Beyond the Sun
U.S. Sen. Harry Reid’s recommendation that Daniel Bogden return as Nevada’s U.S. attorney has demoralized some prosecutors in the office and astonished other members of the legal community.
“A lot of people feel this office has been a stagnant office for a long time,” said one of several current and former federal prosecutors who were willing to talk about their concerns as long as their identities were protected.
“There was hope that with the election of President Obama that there would be new leadership that would pump fresh blood and new vitality into the office,” the prosecutor said.
Added another: “All the people in our office who voted for Obama, which is a significant number, wanted change and hope for the future.”
The prospect of Bogden’s return “is disheartening,” the prosecutor continued. “It’s not what Obama is all about.”
Bogden, who is registered as a nonpartisan, spent five years at the helm of the U.S. attorney’s office as a Bush administration appointee until his sudden firing in December 2006. He was one of nine U.S. attorneys let go in what some on Capitol Hill called a political purge.
The Justice Department’s inspector general concluded in September that the firings were “unsystematic” and “arbitrary” and damaged the credibility of the department. That month, Attorney General Alberto Gonzales, who authorized the firings, resigned.
A federal prosecutor from Connecticut is investigating whether Gonzales or any other top Bush administration officials should face criminal charges over the dismissals.
The Bush administration eventually replaced Bogden with Reno lawyer Greg Brower, a Republican whom the Obama administration has not asked to stay.
Many in D.C. puzzled
Reid, who recommended Bogden as Brower’s replacement in early March, was unavailable for comment for this story. But his spokesman, Jon Summers, said the Senate majority leader “felt like there was a wrong and wanted to right it” by getting Bogden back into the office.
Veteran Justice Department attorneys in Washington, however, were “flabbergasted” by Reid’s recommendation and don’t understand why Reid would want to take a political plum away from the new Democratic White House, a beltway-connected lawyer said.
“People in Washington don’t quite get it,” the lawyer said. “The career guys at the Justice Department who have been around a long time have never seen this happen before.”
Jeff Stempel, a UNLV Boyd School of Law professor, said it looks odd that Reid would not recommend a Democrat for the position when there are plenty of members of his party who are qualified, including some working as federal prosecutors.
“I’m willing to take Sen. Reid at his word that he feels there was a wrong that was done, but it’s unclear to me that it’s Harry Reid and Barack Obama’s job to right a wrong of the Bush administration,” Stempel said. “I understand why people are upset about this (Bogden recommendation). After eight years of the Bush administration, people think it’s time for Obama to appoint someone of his political group.”
It’s a key appointment for the state because the U.S. attorney’s office — which has about 50 lawyers in Las Vegas and Reno and operates on roughly a $10 million annual budget — is instrumental in setting the prosecution priorities for federal law enforcement agencies in Nevada.
The White House did not respond to an inquiry from the Sun about Bogden.
A prominent criminal defense lawyer who is active in the Democratic Party said many Reid supporters in the legal community don’t believe that the senator thoroughly vetted his recommendation.
Diversity issue raised
Prosecutors and defense lawyers all acknowledge that Bogden, a career prosecutor, was unfairly fired. But they also say that in his years at the helm of the U.S. attorney’s office, Bogden demonstrated poor leadership and administrative skills.
“He’s a nice man,” one of the prosecutors said. “But he’s not a good manager. I think he had trouble making decisions, and that kind of held him up a bit.”
During Bogden’s tenure, the office was rife with “jealousy and pettiness” and uneven distribution of workloads, the prosecutors said.
“Most of the people came in late and left early,” added a former prosecutor who worked under Bogden. “There were some good prosecutors in place there, but they were not encouraged to work hard because it made the others look bad.”
What the office lacked more than anything was diversity, the prosecutors said.
In his five years, they said, Bogden hired only one Hispanic prosecutor and no black prosecutors, and he had no minorities in management and only female women supervisors.
Travis Buchanan, president of the local chapter of the National Bar Association, an organization of black lawyers and judges, said his group is concerned about the lack of diversity under Bogden.
“There is the perception that the office engaged in little or no outreach efforts to hire qualified minorities,” Buchanan said. “If he is appointed, we hope he makes it a priority to try to reflect the (valley’s) population amongst his staff with regard to diversity.”
Some prosecutors and defense lawyers also say Bogden wasn’t as hands-on as he should have been and failed keep the office involved in the community.
“He was completely inaccessible to lawyers,” another well-known Democratic criminal defense lawyer said. “He delegated things to underlings and had no personal involvement in any cases. Historically in our district, U.S. attorneys get involved in the community. He didn’t.”
Bogden also had a reputation among the media during his tenure of keeping reporters at arm’s length and restricting the flow of information from the office.
Since his firing, however, he has been more accessible to reporters while practicing law in Reno.
Bogden said he wanted to respond to the criticisms leveled against him, but was instructed by the Justice Department to refrain from commenting while he is being considered for his return engagement at the office.
“When this process is completed, I certainly would be willing to address those matters,” he said. “But right now is not the best time to talk.”
Bogden supporters speak out
Bogden’s supporters have spoken up for him, though.
Following his firing, former Las Vegas FBI chief Ellen Knowlton said he was the finest U.S. attorney she had ever worked with in her 24 years with the FBI. And U.S. District Judge Howard McKibben described Bogden as a thorough and well-balanced prosecutor.
This week, Reno attorney Craig Denney, who worked as a prosecutor under Bogden, called him a “great boss” with the “highest integrity.”
“I never saw any instances of him being unfair,” Denny told the Sun. “He was always committed to doing justice, and that’s what the top federal prosecutor of the state should do.”
Summers said concerns about Bogden have reached Reid. But the senator also has heard from Bogden’s supporters, Summers explained.
He said Reid also has been told that Bogden had a system in place to promote diversity at the U.S. attorney’s office and that as many as 11 people within the office were involved in the process.
“At the end of the day, he feels like Dan Bogden is the right choice,” Summers said.
Three months after Reid made that opinion public, Nevada is still waiting to find out whether the White House agrees.
Jeff German is the Sun’s senior investigative reporter.
Discussion: 12 comments so far…
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Harry Reid wants Nevada U.S Attorney Greg Bower fired.
Harry Reid said that current Nevada U.S Attorney Greg Bower should be fired but gave no reason.
Nevada U.S Attorney Greg Bower is in the middle of a major Doctor and Lawyer Cabal conspiracy and services fraud against patients. Are Doctors Kabins, Thalott, and Awand and personal injury lawyer Noel Gage BBF of Harry Reid?
In fact Harry Reid supported U.S Attorney Greg Bower getting the job and said that he "has done a fine job."
Senator John Ensign supported U.S Attorney Greg Bower getting the job and said "Greg Bower ... has been a tremendous public servant for Nevada."
But Harry Reid has been running around discussing a replacement with the Federal Judges and U.S. Attorney staff.
Harry Reid howled when the previous U.S Attorney Daniel Bogden was politically let go. Harry Reid is supporting a congressional inquisition on Bogden release at the same time he is getting Bowers fired.
Is this a double standard?
OF course HARRY likes this guy....he was the one who DID NOT indict HARRY on his corrupt land dealings.
Harry Reid is a disgrace to Nevada.
Enough said.
Harry must go! His son is just as bad. This election Nevada "legal" voters should send them packing!!
Anybody else noticing how erratic and eccentric Reid's behavior has become?
First it was the mag-lev and now this.
And he thinks he needs $25 million to run against a phantom opponent?
We have a meglamaniac who is devolving into dementia very fastly as our U.S. Senator. Let's find the old man a nice, padded retirement home where he can write lots of books about his glory days (whenever that was!).
"only female women supervisors". ???
Reid doesn't want anyone that might be investigating his son. With the Governor's race coming up the younger Reid cannot have any doubt on his dealings become known so the current US Attorney has to be replaced. All hail King harry and his prince.
"Democrat for the position when there are plenty of members of his party who are qualified, including some working as federal prosecutors"
What??????
Oh....politics are part of the factor in appointing federal prosecutors.
So what exactyly what have the libs been whining about???
Ahhh, Bogden...
My, my, my, I think most of the bloggers have commented mouths full.
CORRUPT LAND DEALINGS? MAJOR DOCTOR AND LAWYER CABAL CONSPIRACY AND SERVICES FRAUD AGAINST PATIENTS? DEMENTIA?
The things that certain folks have gotten away with is UNFORGIVEABLE! The little people have suffered much too much.
What a scam, I mean sham...OPPS, I mean shame.
Doesn't Patrick Fitzgerald have a twin brother, cousin, uncle? Hell, I'll settle for a CLONE at this point!
In the article above, people talk about the "old" Bogden.
What the author and few commenters fail to realize is that the grotesquely unfair treatment of Bogden by the Bush Administration, firing him for not kissing the behind of some poorly educated puritanical wacko in the DOJ, was very likely an "attitude altering experience" for Bogden.
For example, the new Bogden might be more egalitarian, and more dedicated to civil rights.
Obviously, Reid has talked to Bogden, and probably has seen some change in him. I doubt Reid would recommend Bogden for the job if he thought Bogden would do a bad job.
Reappointment of Bogden is the righting of a wrong, which is very rare in our society. I am fully in favor of that goal.
The U.S. Attorney position should NOT be treated as a political plum. Just because someone is a Democrat and a lawyer, or even an Democrat DOJ employee, that doesn't mean that someone is the best person for the job.
According to this May 21st article in the Reno News and Review-- http://www.newsreview.com/reno/content?o... two U.S. senators have slated Bogden for reappointment to the state's US Attorney post by President Obama."
Must be one of those Democratic/Republican conspiracies.