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

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 emailed his

spirits and high attrition, and a U.S. Attorney inclined to ignore their concerns x DAGODOUUOSZB

got here in 1995 that

," wrote Hemann, who served on the federal Rnron task force

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 . . . ~ . ..7 = .~=Y* voicing iscontent suggests an agency in upheaval. A 77

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 corporatefraud 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 ' s . . . : 7. st ,:7

'*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 as ra i . . .=... . Y 7 ==Y=, = I i7 I. V ` un ar ert Mue}ler*s direction, to

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 ~ . . \, a) ` _ Execnhve 055::: for United Slates Attorney:

. 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 ' . it . . . = ,; ppmn = , = . =i

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 a era govemme-nnt aherthdr resignation {e.g., appoinn-nn ttn

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 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-ngxan:le inereases and pay aruusttrn-nennts) are also ex It i. 0........ a..e= ;` pt from this prohibition. within the oilier alter

;. . .= .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 DAGOOODDOSSS Un~ at -

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 Parcrits 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 X

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, E 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

Y ` 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 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- . . ~= Sourcesclcse in theselechun esw o now ' e i ree spumed nnallsts . A {iv!)

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 vacancy on the U.S. District Court in Seattle.

ndidates tor ajudicial

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 Commission from 1995 to 1998. and Section

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 sal t

r (

v ncy wnu

i e presi e

lw

rncre l

y we ,'

urkan

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