Iglesias reveals political motivation, but the truth might still mean censures for Wilson and Domenici

It was clear during a lengthy day of testimony today that politics are at play in the investigation into the firing of eight U.S. attorneys, but there are also serious allegations being probed.

Those made by David Iglesias, the former U.S. attorney for New Mexico, are among the most grave.

Politics aside, one thing seems clear: Regardless of which versions of October phone calls are closer to the truth, the two members of Congress who called Iglesias to inquire about a pending public corruption probe could be guilty of ethics violations that might earn them censures.

As it did Monday in the case of Sen. Pete Domenici, R-N.M., Citizens for Responsibility and Ethics in Washington filed a complaint today against Rep. Heather Wilson, R-N.M. It asked the House Committee on Standards for Ethical Conduct to investigate whether her call to Iglesias violated ethics rules.

Many analysts say Congressional rules prevent direct contact with prosecutors about pending cases, even if no pressure is applied. That helps members avoid the appearance of attempting to influence an investigation.

The group that has filed the ethics complaints contends that the House forbids even a request for “background information” or a “status report” on a pending investigation because such requests “may in effect be an indirect or subtle effort to influence the substantive outcome of the proceedings.”

It’s that whole appearance-of-impropriety problem the state’s Republicans have been so quick to criticize Democrats for failing to avoid in the past couple of years.

It will be up to committees in the Senate and House to decide whether Domenici and Wilson violated ethical rules. In the meantime, the two are taking the only position they can: that they didn’t attempt to influence the investigation and their calls were harmless.

Versions of phone calls are similar

As Iglesias testified today, it became clear that there’s little more than a fine line between the differing versions of the phone calls.

Domenici says he asked about the timeframe of a pending public corruption investigation, was told it would be continuing for a “lengthy period,” and ended the call. Iglesias contends Domenici asked whether there would be indictments before November, he responded there would not, and Domenici said he was “sorry to hear that” and hung up.

It was the hanging up that Iglesias said led him to feel intimidated.

Iglesias contends Wilson asked whether there were sealed indictments in the case, and ended the call after he refused to answer her questions. Wilson said she didn’t ask about sealed indictments, but asked about an allegation made to her that Iglesias was “intentionally delaying” the investigation.

Iglesias said the inappropriate nature of Wilson’s questions – asking for details he couldn’t share – led him to feel intimidated.

Lest you chalk this all up to a simple misunderstanding, there’s one more fact to consider: Wilson’s call to Iglesias came shortly after the second of four polls released in October showed her behind in her race against Democrat Patricia Madrid for the first time in the contest. Domenici’s call came about four days after the fourth polled showed his heir apparent losing in her re-election bid, and less than two weeks before Election Day.

In a statement issued this evening, Domenici said he agrees with most details of Iglesias’ version of the phone call. He said Iglesias “confirmed that our conversation was brief and that my words did not threaten him, nor did I direct him to take any course of action.”

That’s not quite true. Iglesias said Domenici never threatened him, but said he felt threatened by the phone call, especially in light of the way it ended.

There was one point on which Domenici took issue. He said he and “those who overheard my side of the brief conversation” don’t recall him mentioning the November election.

Regardless, Domenici argued that the call was harmless.

“I did not pressure him. I asked a timing question. He responded,” Domenici said. “I concluded the conversation.”

Even if their motives were pure, the timing of the calls creates an appearance of potential impropriety around two seasoned political veterans who have prided themselves on ethical behavior.

Politics are at play

Today’s hearings were peppered with political comments as some Democrats seized on the opportunity the slam the Bush Administration and some Republicans adamantly defended the administration, Domenici and Wilson.

One significant political development was the admission by Iglesias while testifying before the Senate committee that he didn’t report the calls from Domenici and Wilson because he considered Domenici a “mentor” and Wilson a “friend.” He admitted he let that loyalty override his belief that the calls were inappropriate and the requirement that he report such activity to supervisors.

The stunning admission raises questions about whether Iglesias allowed politics to influence any other decisions he made in his official capacity as U.S. attorney.

When asked why he later went public about the phone calls, Iglesias made an equally stunning statement – “loyalty is a two way street” – in explaining that he turned on Domenici and Wilson because he believed they had turned on him and sought his firing.

So it was political payback that motivated Iglesias to go public and place the two members of Congress at the center of a national scandal.

Iglesias also stumbled over his words while trying to explain to the House subcommittee his decision to not report the calls. When asked, he initially said he did report them, but not until the end of February, on his last day as U.S. attorney. When asked who in the Justice Department he reported them to on that day, Iglesias backtracked, at first saying he reported it to the media, not the Justice Department, and then saying he hadn’t said that he reported the calls.

It was clear then that Iglesias may come out of this scandal in better shape than Domenici and Wilson in the eyes of the public, but his image won’t be untarnished.