Was watching FOX. They said Clinton dismissed 94 federal attorneys?

[kansasblue]

I was trying to find some more info on that. The compared it to the federal prosecutors purge.

Anyone have additional info on that?

[Guy Whitey Corngood]

1. Someone posted here the other day that it's bullshit. I can't remember where.

Supposedly Rat Rove started that whole thing with a speech he gave.

[Divernan]

30. Here are the KEY FACTS to prove Fox's claim is bullshit!

The bottom line is that USAs are appointed by the President for four year terms, i.e., the clear and legal understanding is that when a president leaves office (whether after 1 or 2 terms), all the USAs he appointed leave also. They don't have to be FIRED - their 4 year appointments naturally expire. So yes, Pres. Clinton replaced all departing Bush Sr.'s appointed USAs with Clinton's new appointments. However, it was unheard of (before W)for a sitting president to wholesale fire his own appointees.

There HAVE been instances when USAs have resigned their appointments for personal or health reasons; and VERY rare instances when they have been fired for inappropriate behavior. In those cases, the Attorney General could appoint an acting USA who could serve no more than 120 days. That gave presidents time to find and screen permanent replacement appointments, who also had to be approved by the Senate. It seems reasonable to believe that Bush (through his stooge, Judiciary Chairman Senator Arlen Spector) slipped in the revision to the Patriot Act in March, 2006, which removed the 120 day limit for "acting" replacement appointments by the Attorney General, in anticipation of this wholesale firing of his own AGs for political purposes.

BACKGROUND:
The United States Attorneys(USAs) represent the U.S. federal government in the United States District Courts and the United States Courts of Appeals. Therefore there are 93 USAs stationed throughout the United States, Puerto Rico, the US Virgin Islands, Guam & the Northern Mariana Islands. One USA is assigned to each of these judicial districts, with the exception of Guam & the Marianas, where a single USA serves both.

USAs and their offices (which include many more lower level lawyers who are NOT presidential appointees, but rather civil servants) are part of the Dept. of Justice (DOJ) & therefore part of the executive branch of government.

DUTIES OF USAs
Under the Judiciary Act of 1789, their duties shall be to "prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned."

PROCEDURES FOR APPOINTMENT (before Bush changed it via the Patriot Act)
USAs are appointed by and serve at the discretion of the President for a term of four years, with APPOINTMENTS SUBJECT TO CONFIRMATION BY THE SENATE.

The procedure for appointment of INTERIM (emphasis added) U.S. Attorneys is governed by Section 546 of title 28, United States Code.<2> Section (c) states:

(c) A person appointed as United States attorney under this section may serve until the EARLIER (emphasis added) of (1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; OR (2) the expiration of 120 days after appointment by the Attorney General under this section.
CHANGES UNDER BUSH'S REVISED PATRIOT ACT
However, on March 9, 2006, President George W. Bush signed into law the Patriot Act Reauthorization Bill of 2005<3> which amends Section 546 by striking subsections (c) and (d) and inserting the following new subsection:

(c) A person appointed as United States attorney under this section may serve until the qualification of a united States Attorney for such district appointed by the President under section 541 of this title.

This, in effect, strikes the 120 days limit on interim U.S. Attorneys, and effectively extends their term to the end of the appointing President's term, which circumvents the U.S. Senate confirmation process.

The United States Senate is currently investigating this revision to the U.S. Patriot Act.


[

[morningglory]

36. Rove telling that lie on C-Span now and telling how he lied about the mirror

in his office that formerly was Hillary Clinton's office. Full length mirror. He said he had mentioned it and then ran into her and she said she hadn't put that mirror there, so he said he repeats it often.

[John Q. Citizen]

2. He did, when he first came into office, just as bush senior and bush junior did when they

first took office.



One big difference though is that the new USAs were then conformed by the Senate.

[Raven]

18. Yes, it's pretty common to get your own people in

those positions when you first come into office. My ex was one under Clinton and he fully understood that he would be gone under Bush. But to be strong armed by the very administration that appointed you is a totally different animal.

[etherealtruth]

3. My understanding is that ...

...this occurred as the Clinton administration came into office ... I believe the Chimp replaced the prosecutors from the Clinton administration when he came in, as well. I have no links, but my understanding is that this is pretty much SOP when a new administration comes in.

[MidwestTransplant]

24. Right. They all get new USAs when they come in office.

Canning them to put in political cronies is a new low that was enabled by the shit they put in the Patriot Act.

[Divernan]

32. No need to fire them; their four year appointments expired.

As detailed in my post above, USAs are appointed for four year terms. New presidents appoint them and fortuitously, everyone's 4 year terms expire at once, and the new president appoints their own USA. No president would would reappoint his predecessor's USAs anymore than he would reappoint his predecessor's Cabinet.

[NYCGirl]

4. Here's the truth from The Center for American Progress:

Clinton’s former chief of staff John Podesta told ThinkProgress that Rove’s claim is “pure fiction.” The Clinton administration never fired federal prosecutors as political retribution:

Mr. Rove’s claims today that the Bush administration’s purge of qualified and capable U.S. attorneys is “normal and ordinary” is pure fiction. Replacing most U.S. attorneys when a new administration comes in — as we did in 1993 and the Bush administration did in 2001 — is not unusual. But the Clinton administration never fired federal prosecutors as pure political retribution. These U.S. attorneys received positive performance reviews from the Justice Department and were then given no reason for their firings.

We’re used to this White House distorting the facts to blame the Clinton administration for its failures. Apparently, it’s also willing to distort the facts and invoke the Clinton administration to try to justify its bad behavior.

http://thinkprogress.org/2007/03/08/podesta-rove/

[xultar]

7. I love your siggy pix.

[NYCGirl]

9. That was taken in my neighborhood. NT

[Solo_in_MD]

13. Ahhh, Reno still fired them all...

[murielm99]

26. What are you fucking talking about? nt

[Solo_in_MD]

28. Podesta's claim is specious

The incoming AG fired all of the AGs in 1993.

[murielm99]

29. See post 19,

And is there some way you could be less obnoxious?

[Divernan]

31. You are wrong. They didn't have to be fired; their appointments expired.

USA's are appointed for four year terms by incoming presidents. Fortuitously, when the presidents' terms expire, so do their USAs. President Clinton (as has long been the tradition) did not reappoint Bush Sr.'s USAs; just as he did not reappoint Bush's Cabinet.

[Divernan]

33. NO, NO, NO - their 4 year appointments expired; no one had to be fired.

Here's the language from the U.S. Code. Note that the appointment is for FOUR YEARS! ! !
"On the expiration of his term, a USA shall continue to perform the duties of his office until his successor is appointed and qualifies."


TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

PART II--DEPARTMENT OF JUSTICE

CHAPTER 35--UNITED STATES ATTORNEYS

Sec. 541. United States attorneys

(a) The President shall appoint, by and with the advice and consent
of the Senate, a United States attorney for each judicial district.
(b) Each United States attorney shall be appointed for a term of
four years. On the expiration of his term, a United States attorney
shall continue to perform the duties of his office until his successor
is appointed and qualifies.
(c) Each United States attorney is subject to removal by the
President.

[Divernan]

37. You are totally wrong!

Reno didn't have to fire a single one - they all had appointments which expired with Bush's term of office.
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

PART II--DEPARTMENT OF JUSTICE

CHAPTER 35--UNITED STATES ATTORNEYS

Sec. 541. United States attorneys

(a) The President shall appoint, by and with the advice and consent
of the Senate, a United States attorney for each judicial district.
(b) Each United States attorney shall be appointed for a term of
four years. On the expiration of his term, a United States attorney
shall continue to perform the duties of his office until his successor
is appointed and qualifies.
(c) Each United States attorney is subject to removal by the
President.

[rodeodance]

15. Rove/Fox confuses the issue---which is their goal.

[TomInTib]

5. Standard procedure.

Replacing the choices of one Party's Admin with another.

But there have only been 4 mid-term replacements since Carter left office.

[Doctor_J]

6. This is pretty hard to believe

that someone who posts here is watching Fox, and posting about it.

[valerief]

8. Kansas. nt

[wryter2000]

16. Lots of people watch Faux to keep abreast of what the enemy is saying

I don't have the stomach for it, but lots of DUers keep track of their lies. Personally, I'm grateful for this thread because I'm bound to hear this Rovian bs and need to be prepared to counter it.

[Doctor_J]

23. Shyeahright

like this won't be repeated on every news outlet across the country.

Fox is grateful for these threads too. I'm hoping DU will start a Limbeciles forum for the self-hating DUers who listen to and distribute this crap in what is supposed to be the DEMOCRATIC underground.

[wryter2000]

34. I don't feel the need to impugn the motivations of someone with over 2500 posts

Nor do I feel the need to tell people what they may or may not post here (as long as it isn't hate speech).

[kansasblue]

27. Thanks wryter2000!

[kansasblue]

25. opposition research nt

[AlCzervik]

10. but he had all new lawyers approved by congress and thats very different from what Bush did.

[Solo_in_MD]

11. It did happen

http://www.findarticles.com/p/articles/mi_m1282/is_n16_v50/ai_21123146 is by Robert Bork, and its full of nasty inuendo, but it does point out that they were fired en masse in 1993. Other links support this.

AGs serve at the pleasure of the president, and while it is not done as often as it used to, upon a change of administrations they can all be let go.

[rodeodance]

12. a viewer has emailed Chris W and asked why this was not brought up last

week and chris said because 'we' didn't know.

So, he found out he said (also did not mention that this is the practice when new Adm. take over---)

[rodeodance]

14. BTW---clinton did keep One----and it was Chertoff (which Chris W also

included in his little announcement)

[rodeodance]

17. REC. This is an imp. issure and should be clarified

[sinkingfeeling]

19. That's a lie that was started last week by Karl Rove. There have only been 5 in the last 25 years.

Q: How often are U.S. attorneys fired?

A: Excluding the current controversy, the Congressional Research Service found just five instances over 25 years in which U.S. attorneys were fired by the president or resigned following reports of questionable conduct. A Reagan-era prosecutor was fired and later convicted in federal court in connection with charges that he leaked confidential information. A Clinton appointee resigned over allegations he bit a topless dancer on the arm during a visit to an adult club following a loss in a big drug case. The CRS study did not include departures that followed a change in presidential administration, when turnover is common.

http://fe25.news.re3.yahoo.com/s/ap/20070306/ap_on_go_ot/prosecutors_q_a

[Jack Rabbit]

20. It's true. It's not the same thing as when Bush fired eight last fall.

Of course Clinton fired over 90 US Attorneys when he first entered office. Every new president does that, especially when he is of a different party than his predecessor. Bush did the same thing after he was appointed by the Supreme Court, and no one questioned it or even thought to question it.

That's quite different than firing a US Attorney mid-term because he won't bend to political pressure from the White House. That is a threat to judicial independence and just wrong. And to use a provision of the Patriot Act to get around the confirmation process is also just wrong.

[Botany]

21. Fox News ... just trying to muddy the waters

[jobycom]

22. People die every day, but that doesn't excuse murder.

Presidents usually make sweeping changes when they take over as part of the normal revolution of government. That's very different from firing attorneys for refusing to twist the law for you.

But what they heck? Tell the conservatives that we will have Bill Clinton resign from public office if Pete Dominici does. Half of them still think Bill Clinton is running things, or at least has some secret office where he's busy screwing up everything Saint W does right.

[Rydz777]

35. Big difference

The big difference is that Clinton simply fired Republican attorneys from their political appointments. Bush/Gonzalez have fired Republican attorneys - which is what makes the whole thing curious and suspicious.

[Robbien]

38. You watch Fauxnews

you get brainrot

The facts, twisted out of proportion and skewed way too far right and surrounded by a bunch of GOPer fiction.

[HuffleClaw]

39. well, it was inevitable they'd bring the clenis into it n/t