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Obstruction of Justice! No wonder they are nervous..... By John Conyers, Jr. and Marcy Kaptur August 4, 2005
The Honorable Alberto Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530
Dear Mr. Attorney General:
We write to request that the U.S. Department of Justice immediately appoint an outside special counsel to assume the Department's investigation into alleged illegal contributions by Mr. Thomas Noe to federal and state political campaigns. In light of recent disclosures that Governor Taft's office, which is a subject of the investigation, made a direct political appeal to Karl Rove for Gregory White, the U.S. Attorney for the Northern District of Ohio to receive his job, there is little doubt that this is a textbook case for the appointment of a special counsel.
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Second, there are myriad conflicts of interest for Department prosecutors to continue the investigation on their own. To begin with, the United States Attorneys investigating the case, those for the Northern and Southern Districts for Ohio, both of whom were appointed by President Bush, would be in the untenable position of investigating a leading official of the 2004 Bush-Cheney campaign. We now know that Mr. White has very close connections with the Governor's office and the White House. In fact, recently released records show that Mr. White sought Governor Taft's help in obtaining the U.S. Attorney position.8 The Governor's Chief of Staff, Brian Hicks, apparently communicated with Karl Rove, then a counselor to the President, about Mr. White's interest in the post.9 In an e-mail to Mr. Hicks, Mr. White wrote, "'I believe that my record speaks for itself, and I doubt there are too many county chairs for the Bush campaign that worked harder.'"10 This is the same Brian Hicks who was convicted along with his executive assistant, Cherie Carroll for accepting gifts from Mr. Noe in violation of state law (both are now lobbyists).11 In assessing this prong of the regulations, the test for appointment of a special counsel does not rest on the prosecutor in question's perceived reputation or the characterization of his reputation by others, regardless of their political stripe; it is based on whether the conflict of interest exists at all, which is clearly the case in the present instance.
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As a matter of fact, the numerous delays in the investigation have already raised the specter of political favoritism. From documents that have been made public, we know that the U.S. Attorney for the Northern District of Ohio, Gregory White, who is leading the federal investigation, had prior knowledge of the losses before the 2004 presidential election, as did the Governor of Ohio and other officials.16 At the same time, no investigation was initiated on these matters until spring of this year.17
The fact pattern present in this case, particularly with the new disclosure that the lead federal prosecutor may well have gotten his job as a result of a political appeal by Governor Taft's office to Karl Rove, make it abundantly clear that a special counsel is necessitated. We urge you to make such a designation immediately to help restore public trust in this very important investigation.
http://www.afterdowningstreet.org/node/19742
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