It turns out that outgoing U.S. Attorney David Iglesias of New Mexico was one of several across the nation forced to resign following the November election, and the process of replacing them is creating a controversy in the nation’s capitol.
When lawmakers reauthorized the Patriot Act last year, they also approved a little-known provision that changed the rules on appointing U.S. attorneys. Previously, an interim attorney would be appointed by the U.S. district court in the area, and would serve until a nominee of the president was confirmed by the Senate.
The Republican-controlled Congress and White House changed that. Now, interim appointments are made by the U.S. attorney general, and can serve until the end of the tenure of that administration. The Bush Administration apparently plans to use that to sidestep the Senate confirmation process, and made its first interim appointment in Arkansas last week.
That has caught the attention of the New York Times and others who are upset because, in the words of the newspaper’s Jan. 15 editorial, the new, interim U.S. attorney for Arkansas is “an extreme political partisan” who has “a résumé that includes working for Karl Rove and heading up opposition research for the Republican National Committee.”
“It is particularly dangerous to put United States attorneys’ offices in the hands of political operatives because federal prosecutors have extraordinary power to issue subpoenas and bring criminal charges,” the Times wrote.
Three Democratic U.S. senators, including Dianne Feinstein of California, have introduced legislation aimed at restoring the law to the way it was before last year’s change. In the meantime, the Bush Administration is apparently preparing to appoint 8-10 U.S. attorneys using the interim process that sidesteps accountability.
“This is a way, simply stated, of avoiding a Senate confirmation of a U.S. attorney,” Feinstein said earlier this week on the Senate floor.
The search for new U.S. attorneys includes New Mexico’s top federal cop. The once rising star Iglesias was asked to step down after a lukewarm prosecution of former state Treasurer Robert Vigil and delays in a public corruption case currently under investigation regarding the construction of government buildings in Albuquerque.
There has been little revealed publicly about why the others from across the nation were asked to resign. That, combined with the timing of the forced resignations, has led to rampant rumors of conspiracy theories involving the targeting of Democrats by the Republican administration.
The Times said there may not be anything to such speculation, but that doesn’t make the moves by the Bush Administration alright.
“There might not be fire where the senators see smoke,” the Times editorial states. “But Congress should not take any chances.”
Sen. Pete Domenici, R-N.M., recently recommended four for the New Mexico job – Jim Bibb of Santa Fe, who ran unsuccessfully against Gary King for attorney general last year; T. Glenn Ellington of Santa Fe; Charles Peifer of Albuquerque; and Pat Rogers of Albuquerque.
Bibb is a former assistant U.S. attorney. Ellington is a former secretary of the state Taxation and Revenue Department and state judge. Peifer is a former chief assistant attorney general for the state. Rogers has done a lot of work for the state Republican Party and is heavily involved in the New Mexico Foundation for Open Government.
Rogers has already declined the job, leaving the other three. An announcement could come any day, or may not come for a few weeks.
Here’s video of Feinstein’s speech on the Senate floor:
Update, 2:30 p.m.
Despite what has happened in Arkansas, New Mexico’s new U.S. attorney may go through a Senate confirmation process, though there is now a way to avoid that.
“Senator Domenici fully expects President Bush to name a nominee for the U.S. attorney position in New Mexico, and not in an interim capacity,” Domenici spokesman Chris Gallegos told me. “He has submitted the names of four New Mexicans for consideration. The senator expects the president’s choice for New Mexico to go through the regular Senate confirmation process.”
It turns out that outgoing U.S. Attorney David Iglesias of 
Despite what has happened in Arkansas, New Mexico’s new U.S. attorney may go through a Senate confirmation process, though there is now a way to avoid that.