Washington – The Justice Department laid out an elaborate, five-step plan for firing seven U.S.
attorneys on Dec. 7, and the White House legislative, political and communications offices
signed off on it, according to e-mails released Tuesday.
Titled “Plan for Replacing Certain United States Attorneys,” the step-by-step instructions
were sent by Attorney General Alberto Gonzales’ chief of staff, Kyle Sampson, as an
attachment to an e-mail. Sampson resigned Tuesday. The e-mail was released Tuesday by the
House Judiciary Committee.
Steps 1 and 2: On Dec. 7, the Justice Department was to simultaneously notify the
Republican home-state senators of the impending dismissals, as well as those dismissed.
In his calls to the prosecutors, Mike Battle, who oversees all 93 U.S. attorneys, was to say
that the administration is grateful for their service but decided to “give someone else the
opportunity” to serve in the post starting Jan. 31, 2007, according to the memo.
Step 3 was prescient, its title underscored: “Prepare to Withstand Political Upheaval.” It
predicted the fired prosecutors would make “strenuous” efforts to save their jobs by
appealing to other officials in the Bush administration. The memo contained responses to
likely questions from those fired.
“Recipients of such ‘appeals’ must respond identically,” the memo said, as follows:
any expectation that U.S. attorneys would be entitled to serve beyond their four-year term).
specific person at the White House or the Department of Justice).
the chance to serve in your district.
by January 31, 2007 (granting -extensions- will hinder the process of getting a new U.S.
attorney in place and giving that person the opportunity to serve for a full two years).-
The script for Deputy White House Counsel William K. Kelley’s calls to the fired prosecutors’
home-state Republican senators was similar. In states with no Republican senators, Kelley was
to call “Bush political lead” the top Bush ally in the state.
“(Relevant U.S. Attorney) has been informed of this determination,” Kelley was to say,
according to the script.
“We will look to you, senator/Bush political lead, to recommend candidates that we should
consider for an appointment as the new U.S. attorney,” Kelley was to say. “As always we ask
that you recommend at least three candidates for the president’s consideration. Importantly,
we ask that you make recommendations as soon as possible.” Steps 4 and 5 directed Justice
Department officials to name replacements and submit them for Senate confirmation.
Source: Dec. 4, 2006 e-mail from Justice Department chief of staff Kyle Sampson to
Associate Attorney General William Mercer and White House officials William K. Kelley and
Harriet Miers.
