Former Supervisor Extols Fired Prosecutors

By Dan Eggen
Washington Post Staff Writer
Friday, May 4, 2007

A former deputy attorney general lavished praise yesterday on most of the eight U.S. attorneys who were fired after he left the job, testifying that only one of them had serious performance problems.

James B. Comey, the Justice Department's second in command from 2003 until August 2005, also told a House Judiciary subcommittee that although he was the "direct supervisor" of all U.S attorneys, he was never informed about an effort by Attorney General Alberto R. Gonzales and his aides to remove a large group of prosecutors that began in early 2005.

"My experience with the U.S. attorneys just listed was very positive," Comey said, referring to six of the former prosecutors who testified in Congress in March. He added that the reasons given for their firings "have not been consistent with my experience" and that "I had very positive encounters with these folks."

The testimony from Comey, a highly regarded former prosecutor who is now general counsel for Lockheed Martin, further undermines assertions by Gonzales and his aides that dissatisfaction with the prosecutors' work led to their dismissals. It also underscores the extent to which the firings, which originated in the White House, were handled outside the normal chain of command at Justice.

Comey's appearance followed revelations Wednesday that the Justice Department's inspector general and Office of Professional Responsibility are investigating whether a former Gonzales aide, Monica M. Goodling, illegally considered political affiliation in reviewing candidates for the positions of career assistant prosecutors in the offices of interim or acting U.S. attorneys.

A review of Justice Department records shows that at least three dozen of the 94 U.S. attorney's offices fell into that category at some point during Goodling's tenure as a senior counselor to Gonzales, which began in fall 2005. Officials have declined to provide details about the allegations or to say how many offices may have been affected.

Goodling has resigned and has refused to testify in Congress, invoking her right not to incriminate herself. The House Judiciary Committee has offered her immunity and is waiting to learn whether Justice would object on the grounds that immunity could compromise future prosecutions.

Comey said it was "very troubling" to hear allegations that political considerations may have been taken into account in the hiring of assistant U.S. attorneys, or AUSAs.

"I don't know how you would put that genie back in the bottle, if people started to believe we were hiring our AUSAs for political reasons," he said.

The inspector general and the Office of Professional Responsibility are conducting an internal investigation of the removal of the eight U.S. attorneys last year, which has sparked an uproar in Congress and prompted lawmakers from both parties to call for Gonzales's resignation. President Bush has said that Gonzales will remain in his post.

Top Justice officials first said that all but one of the prosecutors were fired for performance issues, but documents released by the department later showed that perceived loyalty to Bush and his policies was a major factor and that most had good job reviews.

A Justice official said in a letter to Congress yesterday that the results of the internal Justice Department inquiry will be made public because of its "highly unusual nature."

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