You are on page 1of 57

I've just jinished reading your letter on the law enforcement

information sharing issue, and I must say I am quite disappointed that

you have chosen to cgmmunicate with me in thjs way. It appears that you

are trying to farce me to take some specific actions. It reads like a

letter from Capitol Hill, not one from friends on the same team. This

is particularly distressing because it is shared with felks outside of

the Department. This is not the way we should be working through

I have worked hard to maintain an open line of regular

cmmuunication With all [145. Attatneys. I know as well as anyone how

important it is to include the USA community in the DOJ policy-making

process. I`ve spent 51/2 years working tm strengthen that relationship.

deliver an all that you seek. There are other im artant can ' ~

in is ma er. Dues anyone see the problem With the

Department "endorsing" a specific brand of infn sharing when there are

other types being used with success in various regions? That is why it

is best to talk these things thrsugh a hit before laying dovm a

challenge in writing which will set the Department up for failure.

I look forward to meeting with the working group, although now

it Will be a more challenging conversation.

1 DAGD00O[]O523

Elston, Michael SODAG

From: Elslon, Michael (ODAG)

Sank: Friday, September 22, 2005 7240 PM

To: Gcodling, Manice; McNulty, Paul J

Subject: RE; FYI

Even when he is in Ireland he causes problems! He needs to stop writing letters.

rn===== m=awiwj,YM=w=n

To: Ebtcn, Mwchad (QDAG); Mdwulty, Paul]


By Paul Shukovsky, P-I REPORTER

The federal prosecutcr for western Washington says his afficc is "stressed to the
limit"

because of years of budget cuts that threaten to slow the pace of criminal
prosecutions.

[LE. Attorney John McKay has issued this warning to county prosecutoxs and special
agents

in charge of federal agencies, including the FEI, the Drug Enforcement


Administration and

Immigration and Customs Enforcement: "We may not be as responsive as you want us
to be on

The office has been hemorrhaglng prusecutors and support staff members even as the
other

Washington is poised to impose another budget cut for the 2anE~n7 fiscal year. The
office,

which handles federal criminal prosecutions and civil cases involving the LKSA
government,

is down six criminal

prosecutors and one civil attorney, leaving He assistant U.s. attarneys, Mckay
said.

Fourteen positions in the office are unfilled, and Mcltay still must pay his lle
employees

a mandatory 3 percent costs-ofliving raise. Mcxay said he is proud that the office
has been

able to maintain its productivity -~ prosecuting more than Sbu defendante last
year. "We

are on track to do slightly more than that" this year, he said,

But cases that might have been prosecuted under tougher federal laws are
increasingly

being sent to local pxosccutors. "We*re not taking as many of these cases as we*d
like to

take," McKay said. "We*rc working hard to take up the slack, but ve`xe not always

successful in taking the cases we should!

cyhercrlme, according to McKay's top assistant, Mark Eartlett.

"You*d see more cases like 'botuet,` " he said, referring to the recent
prosecution of a
young man from California who infected thousands of computers around the world for

personal profit. "Yowd see more collaboration with Microsoft and other
intellectual-

property firms whore piracy is a huge concern."

we`d like to be,' sartlett said,

In fiscal Zoo:-ma, the office's budget was $12.1 million. In fiscal ZIZMYDS, it
slid to

$1].4 million. In the current fiscal year ending next week, the budget will have
shrunk

further, to $11 million. ~

It`s not clear what the next hudget will bring, but Mcltay has been told that the
best case

is a flat budget and that more cuts are possible. The strain on the U.S.
Attorney`s

undeclared cash and illegal immigrants across the !l.s,~Cana<iian border are
arrested by the

s DAGOOODDDSZ4

Mokay said his office is declining about SO percent of the cases at the border
that could

he ptosecuted in federal court. It`s a last opportunity, he said.

"We try to flip people by putting them through federal prosecution." said Mcltay,
using a

slang term for persuading criminals to cooperate with law enforcement in return
for a

lighter sentence, 'We dcn't have that flexibility right now."

Whatccm County Fresecutor Dave Mcliachran said he's "amazed" that Mckay is facing
the

possibility of more budget cuts.McEachran needs federal prcsecutors to take some


of the

load off his attorneys, who are handling in average of ZQD felcny cases apiece.

"We have a huge caseload here," he said. Mcliachran said local prosetutors on the
U.S. side

to get federal dollars to help them with the crush of hordersrelated crime.

There have been attempts by northern harden: prosecutors to get similar federal
assistance.

But they have never received congressional approval, Mcgachran said. Oats in the
LLSA

attorney's budget also affect violent crimes such as bank robberies, which occur
at a high

rn er es can be prosecuted federally, and those convicted given harsher sentences.

But "most of them are shifting over to the locals," Mckay said. Only the most
violent

cases or serial bank robberies are seeing the inside of a federal courtroom.

As for "note jobs." in which an unarmed robber slides a demand note tq a teller --
"we're

not seeing those," Mcltay said. "This is going into our third year of really tough

budgets," he said. "We keep expecting it to get fixed, but that's dependent on
Congress."

z DAGDOOOUUEZS

Elstan, Michael SODAGQ .

. From: Ruehrkasse, Brian

Sent: Tuesday, September 25, 2006 3:51 PM

To: Elslun, Michael (QDAG); Smith, Kimt:erlyA; Nowacki, John (USAEO)

Co: McNully, Paul .l; Soolinos, Tasla

Sutzjmct: SEATTLE POSTYINTELUGENCER - Otlice of U.S. attorney 'stressed'

l happened to see this article when I was traveling last week In the Northwest.
These comments are not exactly helpful.

John, anything vm can do?

SEATTLE POST-INTELLIGENCER

hgp2//sesttlggi.nwsource.eom/local/286099 gsecutors22.ht:nl

Office of U.S. attorney 'stressed'

Fade . .. c... ` '

Frldag September 22, 2006

By PAUL SHUKQVSKV

Pal REPORTER
The federal prosecutor for Western Washington says his ufdce is "stressed la the
limit" because of years of

budget culs that threaten to slow the pace of criminal prosecutions`

US. Attorney John McKay has issued this waming to county prosccutms and special
agents in charge of federal

agencies, including the FBI, the Drug Enforcement Administration and Immigration
and Customs Enforcement;

"We may not be as responsive as you want us to he on the cases win refer to us."

The oliice has been hernorrhaging prosecutors and support staffmeznbers even as
the other Washington is

poised to impose another budget cut for the 2006-07 fiscal year.

The oliice, which handles federal criminal prosecutions and civil cases involving
the U.S. government, is dovm

six criminal prasecutars and one civil attorney, leaving 58 assistant U.S.
attorneys, McKay said.

Fourteen positions in the oflice are untilled, and McKay still rnust pay his 118
ernployees a mandatory 3 percent

cost-of-living raise.

McKay said he is proud that the omce has hem able to rnzuntain its productivity --
prosecuting more than 304]

defendants lust year. "We are on Knelt to do slightly more than that" this year,
he said.

But cases that might have been prosecuted under tougher federal laws are
increasingly being sent to local

plosecutors.

"~ ' t ~.= .;. ` 7.; .t ..== ~ = - - =x a .r. we = i e a . e, cKay said. "Were
working hard to take up the

slack, hut we're not always successful in taking the cases we should."

A bigger budget would mean more prosecutions in burgeoning problem areas, such as
cyhqcnrnc, according to

McI(ay'a top assistant, Mark Bartlett.

"You'd see more cases like 'lvotnet,' " he said, referring to the recent
prosecution of a young man lram Califcmia

who infected thousands of computers around the world for personal profit "You`d
see more collaboration with

Microsott and other intellectual-property iirrns where piracy is a huge oonccm."


' DAGGDDDOOSZS

The chiefs cyberczime unit has two vacancies that "prevent us Ezarn being as
proactive as we'd like to be,"

Baxtlett said.

In tiscal Z0034]4, the otficefs budget was $lZil million. ln tiscal 2004-05, it
slid to Sl l.4 million. ln the current

fiscal year ending next weds, the budget will have shrunk further, to Sll million.

It's not dear what the next budget will bring, but McKay has been told that the
best case is a flat budget and that

more cuts are possible.

The strain on the U.S. Atton-iey's Oiiioe is being felt in Whatcnm County, where
criminals who move

contnband such as drugs, undeclared cash and illegal imrnigrants across the
U.S.~Canadian border are arrested

by the federal agents, but iiequently prosecuted by locals.

McKay said his nflice is declining about SO percent of the eases at the border
that could be prosecuted in federal

oourt. It's a lost opportunity, he said.

"We try to flip people by putting them through federal prosecution," said McKay,
using a slang term for

MR == .; = .== ==. . = .n M . . H .7 ' VA = ora i ersentence.


"Wedorfthavethat

flexibility right now."

Whatoom County Prosecutor Dave Mclianhxan said he's "amazed" that McKay is facing
the possibility of more

budget cuts.

Mcliachxan needs federal prosecutars to take some of the load off his attomeys,
who are handling an average of

200 felony cases apiece.

"We have a huge caseload here," he said.

McEachra.n said local prosecutors on the U.S. side of the Mexican border had to
threaten to stop prosecuting

arrests made by federal agents to get federal dollars to help them with the crush
ofbordererelated crime.

There have been attempts by northern border prosecutors to get similar federal
assistance. But they have never

received congressional approval, McEachran said.

Cuts in the U.S. attorneys budget also affect violmt crimes such as bank
robberies, which occur at a high rate in

Westmi Washington

Bank robberies can be prosecuted federally, and those convicted given harsher
sentences. But "mast of them are

shining over to the locals," Mcl(ay said. Only the most violent cases or serial
bank robben are seeing the

inside of a federal courtroom.

~ As for "note jubs," in which an manned robber slides a demand note to a teller
-- "we`re not seeing those,"

McKay said.

"This is going into our third yoar of really tough budgets," he said. "We keep
expecting it to get Sxed, but that's

PJ reporter Paul Shukuvsky can be reached at 2064483072 or


puulslrukav:ky@searr[epi.cam.

Brian Reel-trkzsse

Deputy Director ofPnblic Affairs

U.S. Depomnqrt ot'jusuc=

(202) 5t4-2007

1 DAGODDUCOSZ7

Elston, Michael QDAG

From: Mifgmllii, David

Sent: Thursday, October 05, 2006 12:15 PM

To: Battle, Michael (USAEO); Kslly, John (USAEO); Parent, Slave (USAEO); Nowackl,
John

(USAEO); Elslun, Michael [ODAGJ; Mascheila, Wllliarn; Mereer. Wmiam W; Shults,


Frank

(QDAG); Barnes, Christopheq (USAOHS) EARS


Suhjedl FW1Th0ugh!you mlgh? he ll'lhrusled in [NS, WE {Ibm E local weekly

Aktachments: !mp.h!m; oletlbmp; ule1.bmp; o[e2.hmp; olelbmpg ola4.bmp

Q " 8 H i i

lmp.htn (14 KH) uletlbmp (528 E) olehhmp (5ZB B) nleZ.bmp {SZE 3) alelbmp (SZH B)
nletbmp (SIR B)

fyi

Justice audicors had spent a week interviewing the U.S. Attorney's staff about his
command

of the office. Such on-site appraisals, performed every three years by review
teams

dispatched from Washington, D.C., climax with evaluators airing employee


criticisms of the

Ryan and his division supervisors joined the D.C. crew in a large conference room
in the

(1.5. Attorney's Office, nestled on the 11th floor of the Federal Building at 450
Golden

Gate Ave. A video feed transmitted the meeting to the agency's hrancn offices in
Oakland

shd San Close. Sitting in silence, Ryan listened while, one by one, auditors
pelted him

Attorneys in the office disparaged him as isolated, inflexible, and disengaged


from the

agency's work. They hlamed his managerial style for poisoning morale and neutering
the

authority of supervisors. Several accused him of granting too much control over
personnel

and legal decisions to his first assistant, creating an autocracy by proxy.

Those who attended the meeting or watched the simulcast suspected that, as he
absorbed the

harsh remarks, fury railed beneath Rysn*s rigid exterior. When the auditors
finished their

presentation, he said little before stalking from the room. "I'ln sure it was
unpleasant

for him," one federal prosecutor says. "But he should:-A`t have heen surprised."

The review, conducted in March, proved a dramatic dxopwuff Erom Ryan's first
evaluation in
2003, a year after President Hush appointed him to the post. Back then, he enjoyed
robust

staff support, and the Justice Department xated the Northern District cf
California as

srguahly the strongest of its U.S. Attorney offices. Over the next three years,
owing to a

mass emigration of veteran prosecutors who ohafed under Ryaxfs rule, the goodwill
waned,

along with the oEfice*s status. Seven months past the latest audit, the staff`s
mood

remains as dour as its opinions of the man in charge.

Indeed, in interviews with two dozen current and former prcsecutoxs, defense
lawyers, and

federal judges, an image emerges of Ryan as either oblivious to or dismissive of


the

unrest around him. More than 50 attorneys have quit on his watch, depriving the
office of

some of its longest-serving criminal and civil litigaturs. Legal observers regard
the

turnover as the primary reason for the oEfice's caseload falling during the Ryan
era, a

trend evinced by a steep decline in whitescollar prosecutions,

By contrast, the number of tacticalh vv . ....4 7. . . ~;;,. = = ,==Y. . 7 ' .

` recent spate of gaffes, including one that ignited an ongoing federal. probe,
has

magnified a perception of Ryan as out of touch. Beyond the interest he shows in


BALCC and

a handful of other marquee cases, his critics contend, the post of U.S. Attorney
stands

"I'm smart enough to know what I don't know," Ryan told the San Jose Mercury News
a month

before he assumed office. With his reappointment looming, some wonder if he knows
why the

almost universal praise he enjoyed four years ago has zurdled. <<Ficture
(Metafile)>>

office, Before leaving for private practice last year, Frusecutor John Hemann e-
mailed his
spirits and high attrition, and a U.S. Attorney inclined to ignore their concerns

x DAGODOUUOSZB

got here in 1995 ," wrote Hemann, who served on the federal Rnron task force
that

prosecuted the company's executives. "It is no solution to deny these problems


exist.

People in the office - lawyexs and staff 7 are unhappy and frustrated. reople
outside the

office are critical and, increasingly, derisivei"

In January, two months before the on-site appraisal, another lcngtime prosecutor,
Gearge

Hevan, broached similar themes in a letter he sent to Justice Department officials

handling the audit. According to excerpts published in The Recorder, a Bay Area
legal

journal, Bevan wrote of an office "in crisis" and faulted *gross mismanagementn
for the

Eevan, a criminal prosecutor in the agency's Gakland branch, declinai to comment


to SE

Weekly` Hemann, a partner at the San Francisco office of Morgan Lewis, did not
respond to

prcsecutors who worked under Ryan. They depict him as aloof, quick to anger, and

intolerant of debate, a manager who considers it a breach of fidelity to question


his

decisions. "It does:-Mt matter how much you know about the law or how much
experience you

have," a prosecutor says. "To him, what matters is loyalty; asking questions is

Alluding to that "climate of suspicion,` as one attorney called it, prosecutars


who spoke

to SE` Weekly requested anonymity, fearing reprisals; former prosecutors also were
loath to

talk for attribution, citing professional and . r=v. we . . . ~ A 77

. ..7 = .~=Y* voicing iscontent suggests an agency in upheaval.

The friction began intensifying in fall EGG], burning through the good cheer that

insulated Ryan during his first year` In July 2tluZ, he inherited the office from
interim

U.S. Attorney David Shapiro, who filled in for a year after Robert Mueller
departed to

high sheen. His predecessor, Michael `{amaguchi, resigned in JSSE, forced out by
Justice

Department officials amid the afEice^s sinking caseload and fractured morale.
Armed with a

reformers mandate, Mueller jettisoned a dozen supervisors in his first six months
and

ordered his attnmeys to start filing more cases.

The exeMarine*s blunt manner earned him the label of dictator. Yet during his
three-year

tenure, Mueller also nurtured a collective pride among his attorneys, gaining
respect for

his work ethic and legal acumen. I-Ie visited courtrooms to observe them in
action, and

whether they won or lost a verdict, he seldom forgot to praise their effort. He
played the

role of staff advocate in court, appearing with his lawyers on occasion to press
the

prcsecutioz-Us argument if a judge doubted its merit.

Revitalized by Mueller, the office filed 1,512 cases in 2n0nl, almost double its
total two

years earlier, when Yamaguchi stepped down. Prosecutors hunted big game, indicting
members

of the Nuestra Familia gang by exploiting racketeering laws; pursuing a massive


corporate-

fraud case against drug giant Mcltesson HEOC; and charging former Ilkrainian Prime
Minister

Favlo Lazarenko in a money-laundering scam.

The Northern District office prosecutes criminal and civil offenses across a
region

stretching from Monterey to the Californiaearegon border, and the U.s. Attorney
ranks as

the area's top law enforcement official. As the office flourished under Frueller,
the FEI

and other federal agencies - if given a choice of court vanueo hascd on a criu==`s
swell of success to his post with the FEI in Mnl.

"I-Ie had the pulse of the entire office," one veteran prcsecutor says. 'But he
trusted his

division chiefs and he gave people the freedom to make decisions!

Shapira more or less sustained the momentum between Mueller's cxit and !`<yan`s
entrance.

Following s six-year stint as a Municipal and Superior Court judge in San


Francisco, Ryan

arrived as an esteemed trial jurist and a devoted Republican: Visitors to his


court

chambers at the Hall of Justice could tucpect to hear the ra ' . . . : 7. st ,:7
s

'*He's a real Boy Scout,' says former federal prosecutnr Rory Little, a professor
at

A san Francisco native and Eormez Alameda County prosecutor, Ryan, 4s, wan the
U.s.

hole in his resume, including Joseph Russoniello, the U.S. Attorney before
Yamaguchi, who

Russaniello chaired the search committee that recommended Ryan to White House
officials.

In a 2OG2 newspaper interview, he downplayed the need for the incoming UAS.
Attorney to

possess federal bona fides. What is important is the capacity to manage a lot of
people

who do have a deep understanding of the rules," Russoniello said.

2 DAGCIOUODDSZB

(Metafile}>>

After Ryan*s relatively calm first year, the honeymoon ended in October 2Qu3. That
month,

Ryan named Rumi Choi as his first assistant, a position with oversight of the
criminal

division and the narcotics task force, as well as the uakland and san Jose
branches.

A federal prosecutor for six years in Washington, D.C., before she moved to San
Francisco
in 2Uu<l, Chai already supervised the civil, tax, and administrative divisions as
the

executive assistant U.S. Attcrney. The dual managerial roles and Ryan*s blessing
gave her,

in effect, carte blanclze over the cffice.

Current and former prosecutors assert that, from the moment of her promotion, Choi
clashed

with supervisors and attcrneys alike. Sources allege that she usurped the
authority of

division chiefs, forcing them to clear charging decisions with hex and dictating
case

strategy. Section meetings, once freeafloving affairs in which managers and


prosecutors

"It became all about following directions," a prosecutor says.

Likewise, Choi wielded a heavy band in personnel matters= She remains under
investigation

as part of a federal probe into the firing of an administrative officer last


summer.

Attorneys joked that the only aspect of office life unscathed by her influence
were the

farewell parties held for outgoing colleagues.

Last year, over the span of four months, the staff hosted goodhye soirees for
Jonathan

Howden, Ross Nadel, and Hen Hurch, who together boasted some SO years of
experience

narcot cs task force, Nadel ran the criminal division, and Burch oversaw the
qakland

branch. Howden and Nadel accepted early retirement packages to join private firms,
while

Eurch moved to the Superior Court hench in Contra Costa County.

`{et several of their onetime coaworkers insist that, to varying degrees, the
three men

sought a career change out of frustration with their loss of autonomy. "Those guys
were

talk with S}-` weekly. "They had stuck around through all these other [U.S.
Attorneys]. That

office was where they wanted to he."


Former colleagues characterize the loss of surch, who preceded Nadel as criminal
division

chief, as the stiffest blow to the staff. Revered as a walking index of the
federal code,

District judges. `Hen was the guy who could help you on tbe little issues, the
judgment

of more than So attorneys during Ryan's reign peaked last year, when IT walked
away. Ten

have packed up this year, and rumors persist that two others may follow by month's
end.

Current proseoutors and their departed cohorts link the turnover to Chni`s greater

influence and Ryan's diminished visibility. In his first year, Ryan mingled with
the

staff, urging attorneys to stop by his office anytime and soliciting their
opinions on

whom to promote. But after elevating Cboi to first assistant, his detractors
contend, he

withdrew, ceding the dayatu-day grind of running the office to her. He closed his
open

door, requiring attorneys who wanted to see him to arrange an appointment through
his

secretary, and meeting cnly if Choi also had time to attend.

past her to talk to himJ'

Ryan'.: time as a state judge and county prosecutor provided scant training for
supervising

a big office rife with the outsized egos common to prasecutars. Shy by nature,
according

tc those who have worked with him, he appears to rely on Choi as a buffer ~
perhaps to his

detriment. "It just makes him seem more remote," one prosecutor says. "Being U.S.
Attorney

is not an impossibly difficult job. Slap pecple on the hack, thank them for their
work,

and then take all the credit. Eut just talking to people seems beyond him."

. = c ec s,^ chatting with his lawyers about their cases. The visits, though
annoying to

some, served to motivate the staff to match his zeal. If Ryan made similar rounds,
another
pzosecutor says, he would find rows of empty offices.

^Eeople dun`t hang around till H:3v at night anymore 7 they're out by 5. Why would
you

Precisely what Ryan or Choi thought of the review is harder to discern 7 neither
agreed to

an interview with SE` Weekly. Discussing the office*s status quo fell to spokesman
Luke

Macauley, who pointed out that the auditor-s` presentation involved preliminary
findings; a

final written report will detail "positive accomplishmentsi

attrition rate under Ryan, ascribing the departures to the office*s retire

3 ^biR 66 osau

offer and the lure of bigger salaries in private practice. He provides more
numbers in

disputing the perception of a staff bereft of veteran attorneys. Since 2002, the
office

has hired 24 prosecutars from other U.S. Attorney districts and Justice Department

In assessing the turnover at the office of his putative adversary, Barry Fortman,
the

federal Public Defender for the Northern District of California, downplays its
impact. "If

you have people who are there too long, things can get stale,' Says Portman, who
declined

to talk about Ryan. "New blood can be healthy"'

Likewise, says Little, the Hastings law professor, grousing about staff departures
occurs

under every U.S. Attorney. He recalls joining !1ussoniel].o's office in 19ES to


replace a

prosecute!` who left after four years. Skeptics said the office would miss the
man's

experience - the same refrain that trailed Little out the door in 1994.

"History is remarkably short-sighted, *' he says. "People used to say Joe


Hussaniella vaunt

doing a goad jab. Then after he Was gone, they started calling those the golden
days. "

But the number of lawyers who have bolted from Eyan's staff may matter less than
the

accrued institutional knowledge they tack with them. Ey conservative estimate, the
office

has lost proiecutors with a total of more than 5QU years of experience in the
Northern

District. Aside from Eurch, Nadel, and Howlaud, longtime prosecutors who departed
include

Steven Gruel, farmer-chief of the major crimes unit, and Patrick Robbins, who ran
the

securities fraud section. The two logged a combined q'uarter~century in the


office.

Both lawyers, now in private practice, declined to comment. Even so, the belcn to
as

ra i . . .=... . Y 7 ==Y=, = I i- 7 I. V ` un ar ert Mue}ler*s direction,

turned the Northern District into one of the nation's most vaunted U.S. Attorney's

offices. Such acclaim has fallen mute. <<Ficture {Metafile)>>

In his role as federal Jawman, Ryan shows a state prosecutcr`s xelish for bagging
thugs.

During his 11 years with the Alameda County District Attorney's Office, he
prosecuted

dozens of murder and gang-related cases. Over the last year, his office, applying

racketeering and trigger-lock laws, indicted two dozen members of the Down Below
and Eage

Street gangs. The aggressive push has occurred at a time when the San Francisco
District

Attorney's Office has moved slowly in prosecuting gangarelated homicidesl

cases from eight to 61; weapons-related prosecutions jumped from BS to 1}.0. The
rising

figures elicit hosannas from San Francisco police. *Kevin Ryan has given us great

support," says Capt. Kevin kshluan, head of the SFPIFs investigations bureau. "He

Pena, special agent in charge of the DEIUs San Francisco office, descrihes him "as
a man

who wants to be involved, someone Who's always open to ideas,"

The gang and drug busts, though lesser known than BALCO, land on the list cf
highaprofile

cases handled by Ryan^s office. Macauley, his spokesman, ticks off others:
convictions of

10 people on charges related to trafficking of prostitutes from South Korea to San

Francisco brothels; Operation Copycat, a nationwide music, movie, and software


piracy case

that so far has seen 32 defendants convicted; and the ongoing prosecution of
Reliant

Energy executives accused of price-fixing during the state energy crisis in 2000.

But beneath the headlines lies the small print that reveals a plunge in the
office's

overall caseload. In ZUD1, With Mueller and then Shapiro in charge, prosecutors
filed

1,7@1 cases, aacarding to e syracuse University database that tracks Justice


Department

statistics. The next year, Ryan's first, the number tumbled to 1,013, and from
2003 to

2005, the office averaged 947 prosecutions a year, a drap of nearly 27 percent in
four

Ryan's critics rap him hardest for the drop in white-collar cases. Prusecutors
filed 93

crimes unit, the first of its kind in the country. The decrease in cases, while
mirroring

a national trend that bespeaks the feds' greater emphasis an antiterrorism


efforts,

says Peter !<.eane, dean emeritus of the Golden Gate University School of Law,
"You would

think there would be a steady stream of dotacam fat cats heading into court."

The ongoing stock options backadating probe may portend at least a trickle, with

executives of Brocade indicterl in August and other companies under federal


scrutiny, Yet

lteane, a former San Francisco public defender, argues that Ryan has ahdicated the
U.S.

Attorney's traditional role of prosecuting largeescale tax, fraud, and political

Corruption cases. "A district attorney will go after gang cases and gun cases,^ he
says.

"But it's really only the federal prosecutot who can do the big whiteecollsr
cases."

Prosecutors in Ryan-Us office contend that the constant staff churn slows pursuit
of

bushwhacking through documents to learn a case. The ongoing federal prohe of state
Senator

4 DAGDOOOOUBG1

Don Perata's business dealings has lagged since last year, when Eurch, the Oakland
hranch

chief handling the case, quit the office. Last week*s departure of I-iaywcod
Gilliam, the

Budget cuts have trimmed Ryaxts staff by a dozen prcsecutors since 24lM. The
shortage of

bodies, coupled with veteran attorneys burning time to break in recent arrivals,
hampers

the office's ability to cultivate fresh cases, an ezwprosecutor says. "You should
be able

to dn both - violent cximes and whiteacallar. But there's a lot of new people
playing

catchvup, so you d.on't see as many {white-collar] cases being hrought.*

Or as much rapport between the U.S. Attoz-ney`s Office and law enforcement
agencies seeking

Similarly, Kathleen Bisaccia, former head of the SEC`s San Francisco branch,
noticed that

as longtime attox-neys left the Northern District, their replacements returned


fewer calls

on potential cases. "When you lose that relationship with someone who's been there
for

years, it`: going to slow things down.'

Yet the number sf cases filed barely scrapes at the top soil of the cffice's
deeper work,

argues Mark Krotoski, the acting criminal division chief` He affers the example of
HALCO.

The probe, while counting as only two indictments, pradded Congress to strengthen
stercids

laws and Major League Baseball to canduct its o ~ '


Eortman, the Federal Public Defender, credits that measured approach to Ryan. "The
office

under him seems more concerned with large cases, as opposed to rounding up a hunch
of

illegal immigrants."

At the same time, considering the thousands of hours Ryan`s office has pumped into
EALCO,

the small courtroom returns - five convictions - raise questions about its worth.
Judge

Susan Illston grazed that topic last October during the sentencing of SALCO
founder Victor

Conte Jr`, who received a term of four months after the \l.S. Attorney's Office
nixed 40 of

az charges against him and two co-defendants. In the future, Illston said,
prasecutors

portrayed him as "consumed" by the EALCr;~inspired media craze, holding countless


meetings

in his office asks, "Shouldxtt he pay that much attention to every case?"
<<Eicture

(Metafile7 >s

District Judge Charles Breyer during the trial of an alleged cocaine dealer.

Much of the prose:ution`s case relied an a one-time drug trafficker turned DEA
informant,

whom the FBI had fired ["Bait and Snitch,** SE Weekly, Nov. 23, znus). On
crass~examination

by a defense lawyer, a DEIA agent first insisted he had no idea why the FEI
released the

Realizing the agent might have commnitted perjury, Ereyer pointedly asked whether

assistant, from her office on the llth floor of the federal building to his
courtroom on

the l9th. She opted to press on with the case.

contradiction, prosecutors virtually forced him to invoke his rights against self?

incrimination. Once he stepped dawn, Breyer threw out his testimony, crippling the
case.

After a feehle effort to continue, prosecutors finally dismissed the charges later
that

The fiascc prompted Ereyer to order a federal robe into s ' '
noting that they pravided key details on the informant to the defense. Yet it*s
fair to

ask whether the two relatively inexperienced attorneys who bungled the case
adequately

lawyers portray Chai's mulish refusal to drop the case as symptomatic of Ryan's
legal

the case. "There's been a loss of rational perspective."

Critics fault that tunnel vision for a series of taeestuhbings by !tyan's


prasecutors, In

April, sreyer ordered a retrial in a death threat case after prosecutors neglected
to

s DAGUDOUDOSGZ

disclose details to the defense about an expert`s potential testimony. During a


theft

trial last year, Judge Jeffrey White excoriated proeecutors for failing to cough
up

information on the defendant to his lawyer; they soon dropped the case.

But those Elareeups were cool hreezes compared to Judge William Alsup*s eruption
this

summer over the steady refusal ot prosecutors to release to defense lawyers the
names of

witnesses and informants in an ongoing murder case. Prosecutors maintain that


divulging 7

the identities invites retaliation on the source: from allies of the gang members
facing

hnmicide charges; defense attoxneys argue they need the names to investigate the
case.

During a pretrial hearing, Alsup, after months of futile prodding of prosecutors,


blew up

at thelu. He swatted away the retaliation rationale as "bogus" and charged that
prosetutors

sought only a ntactical advantage." They have appealed a sanction imposed by him
that

"Erosecutars are going to Eight tooth and nail tn give as little as they can and
not turn
over anything until the Very last minute," says Richard Mater, who represents a
defendant

in the case. "T'hey`re going to stonewal]. as much as they can."

If that tactic represents a change in the Northern District, Macauley, Ryan*s


spokesman,

counters that federal prosecutors across the country employ the strategy. Without

concealing their identities, he adds, the sauxces could end up dead.

Legal observers theorize that the tensions between Ryin's office and the federal
hatch

Would abate if he forged stronger ties with the judges. Instead, attorneys in the
office

claim, he eschews reaching out to judges, and his absence at ~

Former federal prosecutur Little, Who talks tu Ryan on accasioa, doubts the U.S.
Attorney

will change his approach. still, despite the heavy criticism labbed at Ryan,
Little places

him on par with former 1.1.5. Attorney Joseph Russoniellu, and well ahead of
Michael

Yamaguchi. As fur comparisons to another U.S. Attonxey, Little says, "Bob Mueller
Was an

<<Picture (Metafile)>>

In 20U2, Ryan applied for a vacancy on the Northern District bench. As the story
goes,

White House officials urged him to instead take the job of [LE. Attorney, assuring
him

that after gaining a hit of federal seasoning, he would don a judge`s robe.

Whether Ryan still carries that career ambition is unknovm. Yet considering his
cold

relationship with the region's federal judges and the speculation in legal circles
that

Justice Department officials would prefer that he step dovm, the optimism of Eour
years

ago seems a distant glimmer.

advantage because I`m not coming from within the system. To use an overused
phrase, I'll

he able to think outside the hax.'*


s DAGUODOOUSSG

Elston, Michael ODAG!

Frum: USAEO-OTD

Sent: Thursday, Octuhsr 05, 2006 3:54 PM

Tu: USAEO-USAltorneys@uss.daj.gw; US)\EO~FirstAUSAs usa.do;.gov; U$AE()~

Admln0Moets@usa.duj.gav

Cc: USAEO-USASs=:retaries uss4doJ.gav; USAEG7CrimChiefs@usa.doj.gov; USAEOY

Civthiefsguseduj gnv

Subject: Resignation Guidance far United States Altamsys

Attnchmmntst Ullpjltm; Resignation Guidsnccgdf; Resignation Guidance Attach pdf

trnpmim (3 KB) Rasvgnation Rslgnatmn

Euidancepdf [22 Kniuldanue Alladtpxi.

This is an unattended E-Mail account . Please da not

sUE.TECT= Resignation Guidance fax United states Attorneye

CONTACT snnsom John A. Nawaaki

Principal Deputy Director

Telephone = (2a2) 514-2121

Please see the attached memorandum regarding Resignut ion

Guidance for United States Attaxneys.

allesxgnatian Guidance.pdf>> <<F.esignetion Guidance Attach.pdE>>

cr: : All United States Atturneys' Secretaries

I DAGODOOOGES4

v.s.n=p==-:=======t=r:===:ac=

'rite s ~ . .

\, _ Execnhve 055::: for United Slates Attorney:

a) `
.

MEMOM j QUM - Senj vig Elecggnig Mail

nArxa= OIZT o 5 MG

TO: ALL UNITED STATES AUOMIEYS

ALL ADMINTSTRATTVE OFFICERS

FROM: Michael A. Battle Jot,.

- O

Director

SUEIECT: ljesignnrion ghrggnce for nited States Attnmgg

ACTION REQUIRED: lnfonnntian Only.

CONTACT PERSON: John A, Nowulrj

Principal Deputy Director

Telephone: (ZUZ) S I 4-2lZl

Emxil: .Yohn.Novn=cld@gm~ gov

Recently, n few United States Attomeys have contacted me regarding the procedures
for

submitting their ruignntiorrs. To assist you, I have attached answers to some of


the most bequently

asked questions regarding the resignation process including guidance for a


resigning interim United

States Attomey who is returning to apositian ns an Assistant United States


Attomey. lfyau intmd to

resign, please advise me at your airliast opportunity either-by electronic mail or


by phmle (ZOZ} 5l4~

2lZl, It is very impudent Rar us to provide the President and the Aztoniey General
with ns much

advance notice as possible.

i l.e:t=u ofresignetiun addressed ru the President and to the Atwmey Gene-ul


should be sent by

express mail to the US Attorney Nominatjons and Appointments Unit, EOUSA, Once
aUnited States

Attomey announces their intentionta resign, please be aware that dig ' = , = . =i
. it . . . = ,;

ppmn en , promotions, and reassignrnents). at all gade levels, from all


sources, will be

restricted, This attests actions which increase employment by adding is new


unployec to a district':

rolls and intemsl action: which involve a change in position, sncb as a promotion
or reassignment.

Any offer of employment extended verbally or in writing before the United States
Attomey

announces their resignation, including ofliznr that were contingent an clexrances


such as drug testing or

background investigation, will be bonared.

DAGOUUDOOSS5

No new offer ofemploymcnt in the district may he made Itter the United States
Attorney

lnnmlnccs thcixresipalion. Ifthc oitiee is in the final lntervicw stage with any
candidate, the

selecting oticial most inform the applicant that no oifex can he extended until
the new

United Stain Attnmey is appointed.

Ifyou have my questions, please contact John Nowackj at (202) S l4>Zl.Zl.

Attachrnent.;

tx)? All United States Attumeys' Secretaries

DAGOOOO00535

RESIGNATION OF A UNITE!) STATES ATTORNEY

IMMQUENTLY ASQD QUES} TONS

- The district'; United State: Attorney has decided to resign from their posltinnr
Who

needs to he notitied?

The United States Attorney should prepare letters ofresigustion to the President
and the

Attorney General stating the date and time of the proposed resignation. Generally,
the
letter in the President is hrie!} while the letter to the Attorney General is
usually longer

. and more personal (see examples attached). These letters should he sent by
express mail

to the US Attomey Nomination: and Appointznents Unit, Executive Oflice far United
~

The United States Attorney should personally notify the Attcmey General of their

resignation. The United Sates Anomey should also contact their United States
Senators

or other individuals involved with recommending o replacement, so that the process


of

selecting a successor can he n

The United States Attomey should call the Director, EOUSA, (ZOZJ 51472121, at
their

earliest opportunity to notijy them of their plans to resign.

The United States Attomey should announce their resignation to their district.
Theymay

send a memorandum announcing their departure to government agency heads and other

interested parties` .

* Does a press release need to be prepared? And lfso, what should it say?

The United Slat Attomey's (lfhce may send a new: relause announcing the United

States Attomey's resignation The press release should inelude in general tenns the

United States At1omey's iulure plans and any specific acconaplislimmta (see
example

attached}. The pre release should not be used ms an announcement nfa political

campaign or anew business. Courtesy copies of the press release should he


forvmrded to

EOUSA and the Department oflustiee, Office of Public Affairs.

` Who handles paperwork for t United States Attorney`! resignation, and what

documents need tu he prepared?

The EOUSA's Personnel Staff handles separation actions for all United States
Attomeys,

both Servieing Personnel Olliee districts (SPO) and non-SPO districts. EOUSA also

processes all insurance fonns and associated heueflts hr departing United States
Attorneys.

The district's Adrninistzative Olncer should complete an SF-52, Request for


Personnel

Action, for the United States Att.omey`s resignation. This document, along with a
copy

DAGDUOOUOSSY

of the United States Attorney's resignation letter, is sent to EOUSNs Personnel


Staff

- What happen: tu the United States Attorney's annual leave upon his/her

resignation? ~

A Presiderntiallyrappointed United States Attomey does not cam leave. If a United


States

Atlornney was a federal employee earning leave priorto the Presidential uppointrnn
I, their

_ leave was frozen upon appointment. The United States Attomey Menlly receives a

lurnp sum leave payment upon resignation for any annual leave accrued prior to the

Presidential appointment` The lump sum payment is calculated at the hourly nle the

employee earned at the time their annual leave was ioze-nn. lfthe ni 1. >= ; = .
.. .t

=t . . = pun ronrn I e era govemme-nnt aherthdr resignation {e.g., appoinn-nn ttn


a

federal judgeshipl annual leave may transfer to the new appointnrnent. Lump sum
leave

payments are processed by BOUSA's Personnel Staff

- What other steps ueed to he taken before the United States Attorney actually V

separates lrom the nllfiee?

The United States Attomey should ensure that the distrlctis Adnninistn-ative
Ofncer has

their correct home and work forwarding information The United States Attorney
should

also work with the district's Administrative Oldieer to ensure that all
obligations are met

noueeming the return of government property, the removal or preservation of


federal
records, and post-employment rest:-ictions.

- Are there any restrlctlons on hirlng and stalling chang within the oilier alter
the

United States Attorney annouuc -\ their resignation?

Yes. At a United States Attorney announces lnis or her resignation, all


discrelionaxy

staff personnel changes (e.g., appointments, promotions, and reassignmernts}, at


all grade

levels, from all souxees, will be restricted. This aB^ects actions which increase

employment by adding a new employee to the district's rolls and iutemal actions
which

involve a change in position, such as a promotion or reassignment. Career ladder

promotions for support employees are exempt because they do not involve filling a

different position and all non-discretionary personnel actions (e.g., within-n-


gxan:le inereases

and pay aruusttrn-nennts) are also ex pt from this prohibition.

It i. 0........ a..e= ;` ;. . .= .i. ;*=

announemnenl of a United States Attorney, including offers that were eunntingent


on

clearznnees such as dnng testing or backgnurnd investigation, will he honored.

No new oilers nf employment in the district may be made after the United States
Attomey

announces lnis/her resignation. If the omee is in the final interview stage with
any

candidate. the selecting oflieial must infon-rn the applicant that no offer can be
extended

' DAGGOODOOSSS

until the new United States Attnrney is appointed either by the President or as an
interim.

* What is the process for determining the new United States Attorney?

When the vacancy efa Presidentially-aivpolrrted United States Attamey occurs, the

Attorney General ha the authority to appoint in intuim United States Attomuy whose
term lasts until the nonirmntion of a Presidential appointment. In the ahseune
ofan

interim United States Attomey appointed by the Attomey General, the Department of

Justice's Ollice of Legal Counsel has determined that the First Assistant United
State:

Altamey (FAUSA) may act as the United States Attumey under the Vacancies Reform

Aetfurnomoret`han2l0 t. i: === == ~ = - -4--e= = ` ,; = ` . rn. ;

Attorney." No paperwork (SF-52, 5}*61 Appointment Ai'ddavit, etc.) is required for


this

change.

- How long is a Prelidentlally-appointed United States Attorney's term?

A Residentially-appointed Unitnd States Attomey serves for a four-year term but


rnay

hold over utter his/her term expires (and without formal reappointrnent), at the
pleasure of

the President

- Where shnuld recommendations for United States Attorney appointment.; he sent?

Recommendations iizr United States Attorneys should be forwarded to the Attorney

General. Copies of recommendation letters should he sent to the Director, EOUSA.

* Who can make recommendations {or an interlrn United States Attorney?

The departing United States Attorney may make a recommendation of an interim,

United States Attorney to the Director, HOUSA,

- When servlng as an lnterlrn Unlted States Attorney, what title should he used?

When sewing under an Attorney General appointma-it or Presid tial appointment, the

title nf"United States Attorney' should he used. "Interim United States Attomey"
refers

to the shtus not the title ofthe appointment. Xfthc FAUSA is serving as the Acting

United States Attorney under the Vacancies Refomr Act, the title "Actin Un~ at -

DAGOOODDOSSS

US. Department oflustice

s`: st. i. ` I
United Stqtav Jttorney

' `* ` Emtern Dirrric! ofihe United Starer

' L

The White House

Washington` DC 20500

Dear Mr. President; V

I am hereby submitting my resignation as United Stales Attomcy far the Eastern


District

ofthe United Stakes, etllective midnight December 31, 2005.

I deeply appreciate the opportunity to have served as United States Attorney.


Iwish you

lnd your adxxxinistrariun the best of luck and success.

Sincerely,

John A. Smith

United Sum Auumey

DAG[]U(]UUU54U

_ U.S. Deplrtment oflusticc

' Unizai Sane: Arxunwy

Eastern Divnic! ag'lhz Unilzdslales

e ttarney enl

United States Department ofjustiec

Main Justice Building, Room 5111

950 Pennsylvania Avenue, NW

Washington DC 20530

Dear Mr. Atturncy Gazers]:

I mm hereby submitting my resignation as United States Attorney [or the Eastem


District
oftlae United States, eftective midnight December 31, 2006. It has been a great
honor and

privilege to have served these past two years xx a United State: Attumey,
initially by your

appointment and thereatter by Presidential appointment.

Serving the United States as aUnited States Attorney has been the highest honor
and

most iiilnlling duty ofmy public career. Thank you for wux support and the support
ofthe

Department of Justice during my tenure.

I deeply appreciate the opportunity to have sewed as the United States Attomey for
the

Eastern District of t.he United States. lwish you the best of luck md success.

Sincerely,

John A. Smith

DAGOUUUUUSH

UNITED STATES ATTORNEY FOR TIDE EASTERN DISTRICT OF

THE UNITED STATES ANNOUNCES RESIGNATION

Wasl-ungton, DC . . . United States Attorney John A. Smith, 43, ofwashington, DC,


has

announced his resignation elitctive midnigit on March 31}, 2000. After his r
ignation, he plans on

joining a private law tirm in the Washington, DC, arcs.

Smith, it graduate oi`Amcr-ican University and thc University ofvirginin law


School, had

previously served as Fixst Assistant United States Attorney and ChicfAssistnnt


United States Attorn

~ ~ ~ ` ^ . ~ ~ n es ttomcy, e saved on thc Attomey

Genml`s Advisory Committee and was cochair of thc Civil Rights Subcommittcei Mr.
Smith has also

served as an lmtructor at the Attorney General`: Advocacy Institute and thc


National Institute of 'his.!

Advocacy. He implemented the cuxrcnt Wced and Seed program, which help: local
communities reduce

crime by bringing in investment and oppomtrrity.

As United States Attomey, Srnith also successtiilly pmsccutud many civil rights
and hate crime

cases In US va Carter, he sougxt the conviction in 1998 of Bob D. Carter for


raciallyhiaseo nssaults

against Ahican American citizens and police oficeis in the dovmtown Washington,
DC, area. Mr.

Smith also overnw the prosecution ot' many individuals under the Denziheat Parcr-
its Punishment Act,

which charges patents who Ml to pay court-ordered child support

The Eastzm District of the United States covers 13 states, and includes tlu:
cities oi Washington,

DC, New York City, Boston and Philadclphin. Thc United Statcs Attorncys Ofnce,
with staffed offices

in Washington, DC, and New York City, has 32 attorney: and is responsible for
conducting all criminal

and civil litigsrion in the district involving the United States govn-nrnent.

DAGOOUOUU542

Elston, Michael SODAGI

From: Elstan, Michael (ODAGJ

Sum: Monday. October 16, 2006 7:12 PM

To: Charticn. Pau\ {USAAZJ

Subject: Re: When are you gelling to DC?

You*re off the hook an the second capital case a- although I was told that it was
AZ, when

Frown charltan, Paul KUSAAZI

To: slstan, Michael (OHM)

~~aYY Ctigxnal Message ~----

From: Elston, Michael

Sent: Monday, October IS, 2GnS n5:15 EM Eastern standard Time


To: Charlcon, Paul (USAA1)

Subject: Re: When are you getting to DC?

Fra==== Cnazltan, Paul (uszuaz)

To: Elston, Michael (ODAG)

Just landed with a dyxng cell battery.

-A~aa Original Mesa-age -----

From: Elston, Michael

Sent: Monday, October 15, ZOGG 04=<>S PM Eastern Standard Time

To: Chaurlton, Paul IUSAAZJ

Subject: When are you getting to DC?

I would lake to talk with you before the subcammittee starts.

V 4

DAGDODDOOS43

Elstcn, Michael ODAG

From: Sampson, Kyie

Sum: Tuesday, OC!abef17, ZOOG 3:21 PM

. To: Elstun, Michaal(ODAG)

Subject: FW: United States Attnrneys

See below Ear my list of U.S. Alztoxneys we should consider replacing. Does it
match up

with yuurs.

From: I-!azriet HiexsIazwrho.e<:p.gov ImailteaHaxriet7Mierstwha.eap.govl

Suhject: RE: United States Attorneys

Kyle, thanks fur this. I have not forgotten I need to follow up an the

infu, but things have been crazy. will be back in touch!

ed--original Message- ----

Pxom: Ky1e.Sampsoneusdaj.gav [mailto:Kyle.Sampsanausdaj .gav]

Sent: Wednesday, September 13, zone 4:23 PM


'tm Miexs, Harziet

I. vacancies wlu candidates

II. USA: Who Have Been (Or Will Re) Nominated for Other Things (I am

replacements selected and in the pipeline)

III. USAs Who, Rumor Has It, Will Be Leaving in Coming Months

E.D. Ark. (Bud Qammins)

V. USAs we Now Should Cansider Pushing Out

ne Axiz. (Paul Chazltan)

NJ:. Mich. (Margaret Chiara)

w.D. Wash` (John McKay)

* DAGDDDUUOSJ4

I am only in favor of executing an a plan to push some USAs out

if we really are ready and willing to put in the time necessary to

select candidates and get them appointed -- it will he counterproductive

to DOJ operations if we push USAs out and then dcn't have replacements

ready to roll immediately. In addition, I strongly recanuaend that, as a

matter of Administration policy, we utilize the new statutory provisions

that authorize the AG to make USA appeintments. We can continue to do

selection in JSC, but then should have DOG take over entirely the vet

and appointment. By not going the HAS route, we can give far less

deference to home-State Sepators and thereby get El) eux pxeiexxed

person appointed and (2) dc it Ear Easter and more efficiently, at less

political cost to the White House`

Let me knew when you have read this; I have one follow up item I

eould want to do over the phane. What say yvu7

From: I-larriet_Miersawwho.eop.gav [mailta=I-{arriet_Miersawhc.eop.gov]

Subject: United States Attarneys


Kyle, any auxrent thinking an haldavez U. S. Attorneys? Any recent word

an . He intentions?

z DAGDBOODD545

Elston, Michael KODAG

From; Eistnn, Michael (ODAG)

Sent: Tuesday, October 17, 2006 3:36 PM

To: Sampson` Kyie

Subject: Re: United States Allomsys

Very much so A I may have a few additions when I g=t back to my desk.

To; Elstan, Michael {ODAG)

Subject: FW: United States Attarneys

See below far my list of Y.l.$. Attnxneys we should consider replacing. Does it
match up

with ycurs. -

--~-- Original Message- ----

From Harriet Mierswhcvecp.gcv [maiitml~Iaxriet Miezs@wha.eap.gav]

Sent: Sunday, September 17, lens 3:15 PM

Kyle, thanks Car this. I have not iorgctten I need to follaw up on the

info, but things have heen crazy. Will he hack in tauchk

~ -7-- Original Message~ -sY~

From: Kyl=.Sampson4iusdoj.gov [mailta=Kyle.Sampsnn@usdaj,gavJ

Sent: Wednesday, September 1.3, 2006 4:23 PM

To: Miers, Harrier

I. vacancies wln candidatea

II. USAs Who Have Been {Or Will Eel Nominated for Other Things (I an

strongly of the view that w= should be warking now to get their

replacements selected and in the pipeline]

III` USAs Who, Rumor Has Itj Will Be Leaving in Coming Months
El.;;. Ark. {Bud Cummins)

a DAGODDDOQSAG

I I:. Aziz. [paul Chazlton)

s.!:. cal. (Carol Lan)

W.Dl Mich. {Margaret Cbiara)

D. Nev. {Dan Bagden)

Will Wash, (John Mcxayl

I am only in favor of executing an a plan to push some Usaa ent

select candidates and get them appointed ~~ it will be counterproductive

to DOJ operations if we push USE out and then d.an*t have replacements

ready to roll immediately. In addition, I strongly recemmend that, as a

matter of Administration policy, we utilize the new statutary provisions

that authorize the AG to make USA appoiutmentsl We can continue to do

selection in JSC, but then should. have DOJ cake over entirely the vet

and appointment. By not going the PAS route, we can give far less

person appointed and (2) do it far faster and more efficiently, at less

political cast to the White House.

Let me know when you have read this; I have one follow up item I

From: Harriet_Miersewha.eop.gov [mailta:Harriet7Miersawho.eaplguv]

Subject: United States Attozneys

^ DAGOOOD0054'l

Elstqrl, Michael ODAG)

From: San-amen, Kyie

Sent: Tuesday, November 07, 2006 $:21 PM

To: Elslon, Michael (QDAG)

Subjmcl: U.S. Almrney Replacement Plan


Importance: High

Attachment: USA replacement plan.duc

Please review and provide comments ASAP. l'd like to get Ihls to Harviet tonlght,
if possible. l`ve pasted R Into the small

for your convenience.

PLAN FOR REPLACING CERTAIN

UNITED STATES ATTORNEYS

November 7, 2006

STEP I I

U.S. Attomgv calls: On or about November 8-10, Mike Battle contacts the following
U.S. Atlomeys;

I Paul Charlton (D. Ariz.)

= Coral Lum (S.D. Cal.)

` k

v Margaret Chiara (WADV Mich.)

v Dan Bogden (D. Nev.)

~ John Many gwp. when

I David lglesias (D.N.M.)

Battle informs the US Attomeys as follows:

v What arc your plans with regard to continued service as US. Attorney?

i The Administration is grateful for your service as UYS. Attoniey, but has
determiner! to give someone

else the opportunity m serve as U.S. Artazney in your district for the iinal two
yeas of the

Adxninistntion.

v Wc will work with you to make sure that there is a smooth lxansition, but intend
to have a now Anti or

STEP 1

Senator cells: On or about November 840 (very important that Senator calls and U
S. Attomey calls

happen simultaneously), Bill Kcllcyor appropriate Associate Counsel contacts Lhc


following Senators:

= Ion Kyl (re Charlton)


i l]AGUUU[lUO54S

'

= John Eisigi (re Bogden)

I Pete Dornenici (re lglesias)

Kelley informs the Senntors as follows;

a The Administration has tleterrnined to give someone else the opportunity to


serve as U.S. Attomey in

[relevant district] for the final two years ofthe Administration. [If-pushed, this
deterrnination is based

on a thorough review of the UiS. Attorney's performance.]

v [Relevant U.S. Attomey] has been informed afthis detennination and brows that we
intend to have a

new Acting or Interim U.S. Attameyin place by the end ofthe year.

t We Will look to yaut Senator, to recommend candidales that we should consider


for appointment as the

new U.S. Altumey. As always, we ask that wu recommend at least three carrdidates
for the President's

considexadon.

STEP 3

Evaluation and Selection of"l.nte`rim" Candidates; During November-December 2006,


the Depaitxnent

of Jlutire, in consultation with the Oflice of the Counsel to the Preddcnt,


evaluates and selects candidate; for

Attorney General-appaintaient (or camiidntes who may become Acting U.S. Attorney
by upenation of law) to

serve upon the resigiation of above-listed U.S. Attamcysi

STEP 4

Selection Nomination and Aggoinbnent nfNew U.S. Attomggt Beginning as soon as


possible in

November ZOD6, Ofnce of {lie Counsel to the President and Department oflustice
carry out (albeit an an
expedited basis) the regular U.S. Attorney appointment process; obtain
recommendations from Senntnrs, other

state political leadership, and other sources; evaluate candidntes; make


recommendations to the President;

conduct haekgound investigations; have President make norninations and work to


secure cannrruntions of U.S.

Attorney rlominees.

Kje Sampsun

Chief of Stall

U.S. Department of Justice

95u Pennsylvania Avenue, N.W.

Washington, D.C. 20530

aeii

kyie.sampsnn@usdui.gnv

2 DAGDOOU0O549

PLAN FOR REPLACING CERTAIN `

UNITED STATES ATTORNEYS

November 7, 2006

STEP 1

U.S. Attomey calls: On or about November 8-10, Mike Battle contacts the

following U.S. Attomeys:

= Paul Charllon (D. Ariz.)

a Carol Lam (S.I). Cal.)

a Margaret Chiara (WD. Mien} `

= Dan Bogden (D. Nev.)

'

I John McI(ny [W.D. Wash.)

a David lglcsias (D.N.M.)

Battle informs the U.S. Attomeys as follows:


I What are your plans with regard to continued service as U.S. Attorney]

= The Administntion is grateful for your service as U.S. Attomey, but has

deten-nined to give someone else the opportunity to serve as U.S. Attorney in your

district for the nnal two years of the Administration.

^ We will work with you to make sure that there is a smooth transition, but int d

to have anew Acting or Interim U.S. Attorney in place by January lsl.

STEP 2

Senator calls: On or about November $710 (Very important that Senator mlls and

U.S. Attomey calls happen simultaneously), Bill Kclley or appropriate Associate


Counsel

contacts the following Senators:

= Ion Kyl {re Charlton)

. ram Ensngn (re sagaar;

I Pete Dornenici (re Iglesias)

Kelley informs the Senators as follows;

DAGUOUUDUSSU

I The Administration lan detennined to give someone else the opportunity to serve

as U.S. Attomey in [relewnt district] for the final two years of the

Adrninistxation. [If pushed, this determination is bused on a thorough review of

the U.S. Attomey's perforrnance.]

= [Relevant U.S. Attorney] has been infonned ofthis determination and knows that

we intend to have is new Acnng or Interim U.S. Attomeyin plane by the =-id of

the year.

= We will look to you, Senator, to recommend candidutes that we should consider

for appointment as the new U.S. Attomey. As always, we ask that you

recommend at least three candidatcs for the President's consideration.

STEP 3
Evaluation and Selection of "Interim" Candidntes: During Novernber-December

2006, the Department ofjusticc, in consultation with the Oflice of the Counsel to
the

President, evaluates and selects cundidntes for Attomey Geneml-appoints-lent (or

candirlates who may become Acting U.S. Attomey by operadan of law) to serve upon
the

resignation of above-listed U.S. Attomeys.

STEP 4

Selection Nomination, and Agpuintrnent of New U.S. Attomeg: Beginning as

` soon as possible in November Z006, Otiice of the Counsel to the President and

Department of Justice cazry out (albeit on an expedited basis) the regular U.S.
Attomcy

uppointmu-it process: obtain recommendations from Sumtors, other state political

leadership, and other sources; evaluate candidntes; make recommendations to the

President; conduct background investigations; have President make nominations and

work to secure oon'drrnatiuns of U.S. Attomey nominees.

DAGOUDGDDSSI

Elstcn, Michael ODAG 7

From: Elslnn, Michael {ODAG)

Sent: Tuesday, November 07, ZB06 6:24 PM

To: McNulty, Paul J

Subject: Fwi U.S. Attorney Replacement Plan

Importance: Hlgn

Attachment: USA replacement planduc

--e~- Original Message-W--

re: Elston, Michael (GUN;)

Please review and provide comments ASAF. I'd like to get this ta Harris: tonight,
if

possible. I've pasted it into the e-mail for your convenience.

U.S. Attorney cells; On or about November s-la, Mike Battle contacts the following
U.s.

* Paul Qharltan (Di Arix.)

* Carol Lam l$.D. Gel.?

t Margaret Chiaxa (W.D. Mich.}

t non nogden tn. xvev.)

^ John Many Lw.Dv Wash.)

* David Iglesias (DiN.M.}

Battle informs the U.S. Attorneys as follows:

* What are your plans with regard to continued service as U.S. Attorney?

* The Administration is grateful for your service as U.S. Attorney, but has
determined

to give someone else the opportunity to serve as U.S. Attorney in your district
for the

final two years of the Administration.

* We will work with you to make sure that there is a smoath transition, but intend
to

U.S. Attorney calls happen simultaneously] , Bill Kelley or appropriate Associate


Counsel

* Jan Kyl. (re Charltan)

t mix-In ensign (re sugaen;

1 DAGOOOOOUSSZ

i Pete Domenici (re Iglesias)

* The Administration has determined to give someone else the opportunity to serve
as

0.5. Attorney in [relevant district] for the final two years of the
Administration. {If

pushed, this determination is based on a thorough review of the UAS. Attorney's

performance.}

* {Relevant U.S. Attorney] bas been informed of this determination and lmows that
we

intend to have a new Acting or Interim UAS. Attorney in place by the end of the
year.
' We will look. to you, Senator, to recommend candidates that we should consider
for

appointment as the new II s Attorney. As always, we as). that you recommend at


least three

candidates for the President's consideration.

Evaluation and Selection of `Interim" Csndidates: During Nevemberebecember 2on6,

the Department of Justice, in consultation with the Dffice of the Counsel to the

President, evaluates and selects candidates for Attorney General-appointment (or

candidates who may became Actin U.S. Atto '

Selection, Nomination, and Appointment of New U.S. Attorneys: Beginning as soon as

possible in November 20qS, Office of the Counsel to the president and Department
of

Justice carry out {albeit on an expedited basis) the regular U.S. Attorney
appointment

process: obtain recommendations frcm Senators, other state political leadership,


and

other sources; evaluate csndidates; make recommendations to the President; conduct

background investigations; have President make nominatians and work to secure


confi

USArePJar:emen!

plamdnc (35 K...

Kyle Sampson

LLS. Department of Justice

95D Pennsylvania Avenue, N.W.

Washington, b.C. 2u5!a

(202} 51442aOl wk.

kyle . sampsonviusdoj . gov

z DAGOGQDDOSSS

PLAN FOR REPLACING CERTAIN


UNITED STATES ATIORNEYS

November 7, 2006

STEP I

. U.S. Attumey calls: On or about November S-10, Mike Battle contacts the

following U.S. Attorneys:

= Paul Charlton (D. Ariz.)

` = Carol Lain (S.D. Cal.}

^ I

= Margaret Cl-iiara (W.D. Mich.)

= Dan Bogden (D. Nev.)

* 7 t .

= Jahn Mnl(ay (WD. Wash.)

= David Iglesias (D.N.M.)

Battle informs the U.S. Attorneys as follows:

= What are your plans with regard to continued service as U.S. Attorney!

= The Administration is grateiiil for your sew-ice as U.S. Attorney, but has

determined to give someone else the opportunity to serve as U.S. Attomey in your

district for the iinal two years of the Administration.

a We will work with you to make sure that there is a smooth transition, but intend

to have a new Acting or Interim U.S. Attomey in place by January ln.

STEP Z

Senator calls: On or about November S-10 (vwy important that Senator calls and

U.S. Attomey calls happen siniixltaneously), Bill Kelley or appropriate Associate


Counsel

contacts the following Senators;

= Ion Kyl (re Charlton)

. John isnsigi he sagaesi

. we Domeniei (re Iglesias)

Kelley informs the Senatars as follows:

DAGOUOOOO554
I The Administration has determined to give samecne else the opportunity to serve

as U.S. Anumey in [relevant district] fur the final two yeazs ofthe

Administration. [If pushed, this determination is based on a thorough review of

the U.S. Attomey's performance.]

v [Relevant U.S. Attorney] has been informed of this determination and knows that

we intend to have a new Acting or Interim U.S. Attomey in place by the end of

the year.

a We will look to you, Senator, to reoommend cmndidat that we should consider

for appointment as the now U.S, Attomey. As always, we ask that you

. recommend at least three candidates for the Pr ident's consideration.

STEP 3

Evaluation and Selection of "Interim" Candidates: During Nov:mher~December

2006, the Depart:-nu-it of lustice, in consultation with the Oflice of the Counsel
to the

Fr ident, evaluates and selects candidntcs far Attorney General-appointment (or

candidates who may become Acting U.S. Attnmey by operation of law) to serve upon
the

resignation of abavo-listed U.S. Attomeys.

STEP 4

Selection Nomination and Agpointmmt of New U.S. Atwmgyg: Beginning as

soon as possible in Novanher 2006, Oflice of the Counsel to the President and

Department of Justice carry out (albeit an an expedited basis) the regular U.S.
Attcmey

appointrncnt process: obtain recommendations from Senators, other state political

leadership, and other sources; evaluate cartdidates; make recommendations to the

President; conduct background investigations; have President make nominations and

work to secuie eon6i-mations of U.S. Attomey numinees.

DAGDDDUOO555
Elston, Michael (ODAG!

From: Elston, Michael [ODAG)

Sent: Tuesdayl November 07. ZQQS 6:29 PM

To: Ssmpsan. Kyie

Subject: Re: U.S. Attorney Replaoemenl P\an

This looks fine to me -~ trying to get Faul's input as well.

on the list. I-Ie does seem to he running things well (if somewhat independent of
DOG). On

the other hand, Matt mentioned a scandal rumor that is of great concern to me`
Should we

mark nim as tentative while we talk that out?

Please review and provide cements ASAE. 1*d like to gel; this to I-Larriet
tonight, if

possible. X*ve pasted it into the esmail for your convenience.

t canal Lan (s.nr cal.)

* Margaret cnisra (WJI. Michl)

t nan nagden in. nev.)

* David Iglesias {D.N.M.)

* What are your plans with regard to continued service as U.s. Attorney'?

* The Administration is grateful for your service as U.S. Attarneyj but has
determined

to give someone else the opportunity to serve as LBS` Attorney in your district
for the

t We will work with yeu to make sure that there is a smooth transitionj but intend
to

have a new Acting or lnterim ILSA Attomey in place by January lst.

U.S. Attorney calls happen simultaneously)4 Hill Kelley or appropraate Associate


Counsel

x DAGDDDQOOSSE

* John Ensign (re Pogden)


I Pete Domenici (re Iglesias)

Kaelley informs the Senataxs as follows:

* The Administration has determined to give someone else the opportunity to serve
as

U.S. Attorney in [relevant district] fax the final two years of the
Administration. [IE

pushed, this determination is based on s thorough review of the U.S. Attorney's

performance.]

* [Relevant U.S. Attorney] has been informed cf this determination and knows that
we

intend to have a new Acting or Interim U.S. Attorney in place by the end of the
year`

appointment as the new U.S. Attorney. As always, we ask that you recommend at
least three

candidates for the President's consideration.

Evaluation and Selection of 'Interim" Candidates: During November-December ZODGJ

the Department of Justice, in consultation with the Office of the Counsel ta the

President evaluates and selects a ` ~

candidates who may become Acting U.S. Attorney by operation of Jaw) tu serve upon
the

resignation of above-listed ILSA Attorneys.

Selection, Nomination, and Appointment af New UAS. Attor-neys= Pegiz-ming as soon


as

possible in November 2Jul6, Office of the Counsel to the President and Department
of

process: obtain recommendations from Senatnrs, other state political leadershipj


and

other sources; evaluate camiidates; make recommendations to the President; conduct

background investigations; have President make naminatians and work to secure

<<U$A replacement plan.doe>>

Sin Pennsylvania Avenue, N.'44

(:::2) Sn-ion wk.

z DAGUOBOODSS7
Elstun, Michael SODAG

From: Sarnpsun, Kyle

Sent: Tuesday, November 07. 2006 6:45 PM

To: Elslon, Michael (QDAG)

Subject: Re: U.S. Attorney Replscemenl Plan

us. And xvi] wait [az the DAG`s input [hut no lungez than tomorrow) 4

Exam: Elstun, Michael (DRAG)

This leaks fxns to we -7 trying to get Eau]*s input as well.

The anly cancexn I have is that Paul just visited x and asked that nut he

on the list. He does seem no be running things we!} (xi samewhat independent at
DGJ). On

* Paul Charlman (D. Aziz.)

* Mazgaxsx. Chxaxa (NJ], Mxch.)

~ John Many [W.D, Wash.)

* Davni iglasxas (BALM )

x DAGQ00000558

have a new Acting or Interim U.S. Attozney in place by January lst.

Senator calls: On or about November S-lb (very important that Senator calls and

U.S. Attorney calls happen simultaneously], sill Kelley or appropriate Associate


Counsel

contacts the following Senators:

* Jan Kyl {re Charlton)

* 7 s

= aqua ensign as amass;"

I Pete Domenici (re Igleslas)

* The Administration has determined to give someone else the opportunity to serve
as

U.S. Attorney in [relevant district] for the final two years of the
Administration. [If
pushed, this determination is based on a thornu h revi '

* [ltelewant U.S. Attorney} has been informed of this determination and knows that
we

appointment as the new U.S. Attorney. As always, we ask that you recommend at
least three

candidates for the President': consideration.

Evaluation and selection of `Interinv Candidatese During November-December ZMG,

the Department at Justice, in consultation with the Office of the Counsel to the

President, evaluates and selects candidates Ear Attorney General-appointment (ox

Selection, Nomination, and Appointment of New U.S. Attorneys: Beginning as soon as

possible in November Zuvs, Office of the Counsel to the President and Department
at

Justice carry out {albeit on an expedited basis) the regular U.Sl Attorney
appointment

process: obtain recommendations from Senatnrs, other state political leadership,


and

other sources; evaluate candidates; make recommendations to the President; conduct

background investigations; have President make nominatiuns and work to secure

Chief of Staff

9541 Pennsylvania Avenue, NJ!.

r2u1) 514-Zeal wk.

kyle. sampsontusdoj .9crv

x DAGDDOODUSSG

Elston, Michael SODAGE

From: Goqdling, Maniga

Sent: Wednesday, November 15, 2005 4:4E PM

To: Bicmquisl, Kathieen M; Sampsan, Kyie; Elston, Michael (ODAG)

Subject: RE: USA Kavin Ryan question needing a response

Ka! - As a general malter, we do not Ournrnenl on these sort Elf Definnnei


questions (We have fetelved ulhefs like it this
yea?' since many of the U.S. Attornerys have passed {he {Our yeiir mark).
Tlididonally, OPNS response has been

Sllmelhing sin! pie like, 'NI U.S. Ahameys serve it {he pleasure of the President.
and we do not comment on personnel

Makers."

Kyie/Mike - Any desire to say anything dlflafehl here'?

(PS. Technically, yes, ll. is el lilu? y9a( GM'! but lllefii is an autunialilt
hold-Over provision, sQ the l0UT yes! lent! does Ml

reaiiy mean anything and a large number of Our USAs are serving wail past lheir
(Our year mark.)

. Sultiatt USA Kzvin Ryan qustinn needing a response

Hl Munica, ,

How should we raspnnd in questltlns Ehoul lhe slatus of Kavin Ryan?

Thanks,

kat

Rum: Hale, hum K

Ta: Smlih, Mmlzerly A

Subject: Pew Slumber-g, San Fnnnscn Daily Journal,

He Wanled lu knqw ll KL-win Ryan, {he USA far {he Nul'lhern Distllcl BY
California, is going la be reappoinlsd Or replatted,

His term was up in July.

Kalhieen Blumquist

Ofnoe ol Pubiic Affairs

U.S. Department of Justice

950 Pennsylvania Avenue, N,W.

Washinglqn, D.C. 2U5(lU

2OZl5l 4-ZOOT

1 DAGDDUOOUESO

Elston, Michael SODAG

From: Sampson, Kyle


Sent: Wednesday, November 15, 2005 4:55 PM

Tn: Gaodting, Monics; Blamquist, Kalhleen M; Efstnn, Michael (ODAG)

Subject: Re: USA Kevin Ryan quesiiun needing a response

I agree wl Monica*s proposed response.

Sent from my Blacklierry Wireless I-Ianaiheld

---~~ Original Message ----- `

To: Blumquist, Kathleen M; Sampson, Kyle; Elston, Michael (alma)

Rat - As a general matter, we do not cummentlon these sort of personnel questions


(we have

received others like it this year since many of the U.S. Attorneys have passed the
four

year mark,}. Traditionally, GPNs response has been something simple like, 'All
u.S.

Atturneys serve at the pleasure of the President, and we do not comment on


personnel

Jxyle/Hike ~ Any desire to say anything different here?

(LE. Technically, yes, it is a four year term but there is an automatic hold-over

provision, so the four year term does not really mean anything and a large number
of our

USAs are serving well past their four year mark.)

From: Hlomquist, Kathleen M

To; Goodling, Munica

Sunj eat: USA Kevin Ryan question needing a response

Iii Monica,

To: Smith, ltimherly A

Subject: Peter Elumberg, san Francisco Daily Journal, i

` , a or t e Northern District of California, is going

to be reappainted or replacedr His term was up in July.

Office of Public Affairs

U,s. Department of Justice

Washington, D.C. 24630


202/514-2on'l

x DAGOOUDOOSS1

Elston, Michael SODAG

From; Blomquist, Kalhleen M i

Sent: Wednesday, November 15, ZUOG 4:59 PM

To: Sampsan, Ky1e;GaodIing, Monica; Elstun, Michael (ODAG)

Subject: RE: USA Kevin Ryan quesdorl needirg a response

YY-- ~Original Message -----

To: Geodling, Munica; Elomquist, Kathleen Id; Elston, Michael [QDAGJ

Subject: Re: USA Kevin Ryan question needing a response

I agree w/ Monlcahs proposed response.

--YY~ Original Message ---7- `

From: Guodling, Monica

To: Elamquist, Kathleen M; Sampsonj Kyle; Elston, Michael (QDN;)

received others like it this year since many of the U.S. Attorneys have passed the
four

Atturneys serve at the pleasure of the President, and we do not comment on


persunnel

Kyle/Mike - Any desire to say anything different here?

{P.S. Technically. yes, it is a four year term but there is an automatic haldeover

provision, so the fear year term dues not really mean anything and a large number
of our

(ISAs are serving well past their (our year mark.}

Ta: Gaodling, Monica

I-Ii Monica.

How should we respond to questions about the status of Kevin Ryan?

Subject: Peter Hlumbezgj San Francisco Daily Journal,

He wanted to know if Kevin Ryanj the USA for the Northern District of California,
is going
to be reappointed or replaced, His term was up in July`

; DAGDUOOOUSGZ

Kathleen Hlamqui s I:

Office of Public Affairs

202/514-2007

z DAGOOOUOOSES

Elstan, Michael (ODAG

From: Bstan, Michael (ODAG)

Sent: Wednesday, November `I5, 2006 5:57 PM

To: Ssmpson, Kyieg Gaodlirg. Monica; Blemquist, Kathheen M

Subject: Re: USA Kevln Ryan question needing S response

From: Ssmpsan, xyle

To: Goodling, Monica; Blomquist, Kathleen M; Elston, Michael (OHM)

Suhj ect= Re: USA Kevin Ryan question needing s response

I agree w/ Manica*s proposed response.

YYY-- Original Message~ ----

To: Elomq-uist, ltathleen M; Sampsan, Kyle; slstun, Michael {ODAGY

received others like it this year since many of the U.S. Attarneys have passed the
four

year mark) . Traditionally, OPNs response has been something simple like, "All ms.

Attarneys serve at the pleasure of the Eresidem:4 and we do not comment an


personnel

Kyle/Mike - Any desire to ssy anything different here?

(PS. Technically. yes, it is a four year term but there is an automatic hold-aver

provision, so the Eaur year term does not really mean anything and a large number
of our

USAs are serving well past their four year mark.)

Fram: Blomquist, Itathleen M


Subject: USA Kevin Ryan question needing a response

I-Ix Monica.

How should we respond to questions about the status of Kevin Ryan?

`to: Smith, Kimberly A

Subject; Peter Elumherg, san Francisco Daily Journal, t

He wanted to know if ltevin Ryan, the USA far the Northern District of California,
is going

to he reappointed or replaced. His term was up in July.

I DAGOUOUUOSSA

Kathleen Elauaquist

24:2/514-znnv

I DAGOOO00D565

` OUTING AND TRANSMITTAL SLJF *)***5 NIMMM 16, Was

Mike Elstun

11

) ) )j ) ) )) ) ) ) ) ) ) 1) )

111

i$

See attached per Bill Mereer

am Mmw '*>`

207,514-9500

DAGUODODD556
ii to FM ~

'~ ~ I

QQNGEESS-ADMINISTRATIONZ . A {iv!)

C4 `

Political Motives Suspected As Jolts On Bench Go Unfilled (SEATJMES)

By David Bowermsster, Seattle Times stall reporter

The Seattle Times, November 15, 2006

Desplta a process dedgned to keep politics out oijudlcial seieotlons, some ln the
local legal onmrriunlq are wondering

whether politics is behind a delay by the White House in hlling two vacancies on
the U.S. District Court in Western Washlngton.

A seat on the federal bench in Tamma has been open since March 2UD5, and a seat on
the tederai bench In Seattle

opened ln July.

ln both cases, a bipartisan panel ot local altomeys screened applicenla and sent
three recommendations to the Whhe

House; since 1997, the president has picked his nomlnee lrom among three names
chosen by such panels.

But the White House, in an unprecedented move, rejected all three candldates tor
the Taooma vacancy. The olfrce ot

ttlbre rtOrl'tlrieB$. I

I-= sea t s' . s. . ' =..= ent- . . ~= esw o now ' e i ree spumed nnallsts
Sourcesclcse in theselechun

process, speaking on condition ot anonymity, called the Whita House decision


'appalling? ^outrageous" end a 'travesty,' and

suspectthe Wnhe House already has a replacementln mind who was not on the list.

Republicans and Demacrets alike said the candidate: rejected by the White House
were eminently qualkied. One,

wnimied by sources as Karen Strombom, is already e tederal magistrate iudge in


Taooma.

A new set of carididates for the Tacoma vacancy was sent to the While House in
August around the same time that

candidates for the Seattle opening were proposed, sources sald. A nominancn still
hash`! been made by the While House.

Hnaiists tor the federal bench


A bipartisan panel ol` local kawyers has selected three ndidates tor ajudicial
vacancy on the U.S. District Court in Seattle.

The Whne House did interviews in Sepbmber but has yet to name a nominee. The
hnalists:

Marc Boman: Partner, Perklns Coie. Special ! in commercial Ihigation. Recipient


olwashmgton State Bar Associations

Tgkward otMerit'1oriong-term sennce to the bar. Sewed on Seattle Ethi and Section
Commission from 1995 to 1998.

4 Rldiard Jones: Nng County Superior Court judge since t994. Named 2004 'Judge ot
the Yeaf by King County Bar

Association and Washington State Barrissociaticn. Assistant U.S. attnmey in


Seattte, 19BB to 1984, associate at Eagle St Gates,

1963 ha 1987. .

Michael Rlckert: Skagit County Superior Court judge since tS9Z. Previously Skaglt
County pmsecutor, 1985 ta 1992

Source; Seallte Times reporting

The inalists torthe Seattle opening have heard nothing since they were interviewed
by the White House in September. Nor

has the selecnon committee, seld co-chairs Jenny Durkan of Seattle and J Vander
Steep ol Chehalis

According uz several sources close to the merit panel, the nandidates selected
fortie Seattle vacancy were Kirg County

Superior Court Judge Richard Jones, Skagit County Supermr Court Judge Michael
Rickert and Marc Rumen, a partner at the

Perkins Coie law him.

Rickar! contimied he wm inlewiewed at the White House on Sept. S. Jones and Boman
declined to comment.

'tl's an honortn be considered,' Ricken said. 'To have a dog in the hunt is very
nice.`

The delay has raised questions in local legal clrctee about whether the White
House might again relent a merit panels

is == mendalions, or choose hs own nominee.

The uestons lntensined -= = rue ie =~ ii. it , _ , . ...e 5,. rn, _r.

irilertnewed by the While House Counsels Otlice. McKay said last summer he applied
for the Seattte vacancy, and many local

lawyers considered him the lront-runner for the job.


The Seattle Times connrmed that McKay traveled to Washington, D.C., to meet with
White House ohcials about the

vacancy, but sources said itwas not clear i` itwas a lormal Job interview.

M:Kay dedined to oonnrm or deny that the meeting track place.

, "l'm not in a position to comment on this midprocess,' Mcl<ay said. ^I'rn going
to wah for the White House to make a

ecision along with everybody else.'

it President Bush nominates McKay thar th e three ~ud as selected by the


bipartisan merit panel, it would be

ne own sagnreen snub urine pmeee

DAGOOODOO557

. The meritepanel process started in 1997 sher an agreement lnltialhj hammered out
by Democratic Sen Patty Murray, and

farmer Republican Sen. Slade Gortbn and the Clinton edminbtration.

Alelterfmm tomierwhne House Counsel Alberto Gonzales to Murray in March 2002 made
it clear the Bush administration

reserved the righttn go tts own way wllhludicial nomlnations. .

'Ail parties have agreed that [bipartisan panels] can be a source for identifying
and evaluating candidates,' wrote Gun lei.

Who is now attorney general. 'l also propose that neltherthe president noryau be
bound to adhere to the [panels] evaluations in

ail instances.'

The Whhe House declined to shed light on anyatlhe developments

'As tar as nomlnalions always go, we don`! speculate or comment until the process
has been completed and the president

is ready to make his announcement,' said Peter Watldns, a White House spokesman.

VanderStnep said he does not know when Bush wili select his nominess

'l know the Wnhe House wants to move as quickly as posstsie, and I know the
senator: want to move as quickly as

possible,' Vander Staep said Durkan said she Is hopeful that the White House will
abide bythe process that has worked in name

judges ln Washington tnrthe past decade, but she is not making predbtions.
7
' `ii. in ^= = r rs r ( v ncy wnu i e presi e lw rncre l y we ,' urkan
sal t

^But lhat`s what l thought about Tasoma.'

DAGDOOODOSSS