Beruflich Dokumente
Kultur Dokumente
you have chosen to cgmmunicate with me in thjs way. It appears that you
letter from Capitol Hill, not one from friends on the same team. This
deliver an all that you seek. There are other im artant can ' ~
other types being used with success in various regions? That is why it
1 DAGD00O[]O523
rn===== m=awiwj,YM=w=n
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
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,
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
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
"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-
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
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
"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
Whatccm County Fresecutor Dave Mcliachran said he's "amazed" that Mckay is facing
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
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
l happened to see this article when I was traveling last week In the Northwest.
These comments are not exactly helpful.
SEATTLE POST-INTELLIGENCER
hgp2//sesttlggi.nwsource.eom/local/286099 gsecutors22.ht:nl
By PAUL SHUKQVSKV
Pal REPORTER
The federal prosecutor for Western Washington says his ufdce is "stressed la the
limit" because of years of
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
"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
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
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
McKay said his nflice is declining about SO percent of the eases at the border
that could be prosecuted in federal
"We try to flip people by putting them through federal prosecution," said McKay,
using a slang term for
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
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
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
~ 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
Brian Reel-trkzsse
(202) 5t4-2007
1 DAGODDUCOSZ7
To: Battle, Michael (USAEO); Kslly, John (USAEO); Parent, Slave (USAEO); Nowackl,
John
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
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
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
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
Indeed, in interviews with two dozen current and former prcsecutoxs, defense
lawyers, and
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
` recent spate of gaffes, including one that ignited an ongoing federal. probe,
has
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
People in the office - lawyexs and staff 7 are unhappy and frustrated. reople
outside the
In January, two months before the on-site appraisal, another lcngtime prosecutor,
Gearge
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
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
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
to SE` Weekly requested anonymity, fearing reprisals; former prosecutors also were
loath to
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
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
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
fraud case against drug giant Mcltesson HEOC; and charging former Ilkrainian Prime
Minister
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
Shapira more or less sustained the momentum between Mueller's cxit and !`<yan`s
entrance.
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
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,
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
Likewise, Choi wielded a heavy band in personnel matters= She remains under
investigation
Attorneys joked that the only aspect of office life unscathed by her influence
were the
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
`{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
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
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
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
Likewise, says Little, the Hastings law professor, grousing about staff departures
occurs
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.
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
Both lawyers, now in private practice, declined to comment. Even so, the belcn to
as
turned the Northern District into one of the nation's most vaunted U.S. Attorney's
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
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
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
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
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
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
lteane, a former San Francisco public defender, argues that Ryan has ahdicated the
U.S.
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
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
on potential cases. "When you lose that relationship with someone who's been there
for
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
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
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
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
April, sreyer ordered a retrial in a death threat case after prosecutors neglected
to
s DAGUDOUDOSGZ
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
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.
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
counters that federal prosecutors across the country employ the strategy. Without
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
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
advantage because I`m not coming from within the system. To use an overused
phrase, I'll
Frum: USAEO-OTD
Admln0Moets@usa.duj.gav
Civthiefsguseduj gnv
I DAGODOOOGES4
v.s.n=p==-:=======t=r:===:ac=
'rite s ~ . .
a) `
.
nArxa= OIZT o 5 MG
- O
Director
Recently, n few United States Attomeys have contacted me regarding the procedures
for
2lZl, It is very impudent Rar us to provide the President and the Aztoniey General
with ns much
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 . . . = ,;
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
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
Attachrnent.;
DAGOOOO00535
- 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
The United States Attomey should call the Director, EOUSA, (ZOZJ 51472121, at
their
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
` Who handles paperwork for t United States Attorney`! resignation, and what
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.
Action, for the United States Att.omey`s resignation. This document, along with a
copy
DAGDUOOUOSSY
- What happen: tu the United States Attorney's annual leave upon his/her
resignation? ~
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
federal judgeshipl annual leave may transfer to the new appointnrnent. Lump sum
leave
- What other steps ueed to he taken before the United States Attorney actually V
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
- Are there any restrlctlons on hirlng and stalling chang within the oilier alter
the
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
promotions for support employees are exempt because they do not involve filling a
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
change.
hold over utter his/her term expires (and without formal reappointrnent), at the
pleasure of
the President
- 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
s`: st. i. ` I
United Stqtav Jttorney
' L
Washington` DC 20500
Sincerely,
John A. Smith
DAG[]U(]UUU54U
e ttarney enl
Washington DC 20530
privilege to have served these past two years xx a United State: Attumey,
initially by your
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
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
announced his resignation elitctive midnigit on March 31}, 2000. After his r
ignation, he plans on
Genml`s Advisory Committee and was cochair of thc Civil Rights Subcommittcei Mr.
Smith has also
Advocacy. He implemented the cuxrcnt Wced and Seed program, which help: local
communities reduce
As United States Attomey, Srnith also successtiilly pmsccutud many civil rights
and hate crime
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,
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
You*re off the hook an the second capital case a- although I was told that it was
AZ, when
V 4
DAGDODDOOS43
See below Ear my list of U.S. Alztoxneys we should consider replacing. Does it
match up
with yuurs.
Kyle, thanks fur this. I have not forgotten I need to follow up an the
II. USA: Who Have Been (Or Will Re) Nominated for Other Things (I am
III. USAs Who, Rumor Has It, Will Be Leaving in Coming Months
* DAGDDDUUOSJ4
to DOJ operations if we push USAs out and then dcn't have replacements
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
person appointed and (2) dc it Ear Easter and more efficiently, at less
Let me knew when you have read this; I have one follow up item I
an . He intentions?
z DAGDBOODD545
Very much so A I may have a few additions when I g=t back to my desk.
See below far my list of Y.l.$. Attnxneys we should consider replacing. Does it
match up
with ycurs. -
Kyle, thanks Car this. I have not iorgctten I need to follaw up on the
II. USAs Who Have Been {Or Will Eel Nominated for Other Things (I an
III` USAs Who, Rumor Has Itj Will Be Leaving in Coming Months
El.;;. Ark. {Bud Cummins)
a DAGODDDOQSAG
to DOJ operations if we push USE out and then d.an*t have replacements
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
Let me know when you have read this; I have one follow up item I
^ DAGOOOD0054'l
Please review and provide comments ASAP. l'd like to get Ihls to Harviet tonlght,
if possible. l`ve pasted R Into the small
November 7, 2006
STEP I I
U.S. Attomgv calls: On or about November 8-10, Mike Battle contacts the following
U.S. Atlomeys;
` k
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
'
[relevant district] for the final two years ofthe Administration. [If-pushed, this
deterrnination is based
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.
new U.S. Altumey. As always, we ask that wu recommend at least three carrdidates
for the President's
considexadon.
STEP 3
Attorney General-appaintaient (or camiidntes who may become Acting U.S. Attorney
by upenation of law) to
STEP 4
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
Attorney rlominees.
Kje Sampsun
Chief of Stall
aeii
kyie.sampsnn@usdui.gnv
2 DAGDOOU0O549
November 7, 2006
STEP 1
U.S. Attomey calls: On or about November 8-10, Mike Battle contacts the
'
= 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
^ We will work with you to make sure that there is a smooth transition, but int d
STEP 2
Senator calls: On or about November $710 (Very important that Senator mlls and
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
= [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.
for appointment as the new U.S. Attomey. As always, we ask that you
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
candirlates who may become Acting U.S. Attomey by operadan of law) to serve upon
the
STEP 4
` 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
DAGOUDGDDSSI
Importance: Hlgn
Please review and provide comments ASAF. I'd like to get this ta Harris: tonight,
if
U.S. Attorney cells; On or about November s-la, Mike Battle contacts the following
U.s.
* 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
* We will work with you to make sure that there is a smoath transition, but intend
to
1 DAGOOOOOUSSZ
* 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
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
the Department of Justice, in consultation with the Dffice of the Counsel to the
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
USArePJar:emen!
Kyle Sampson
z DAGOGQDDOSSS
November 7, 2006
STEP I
. U.S. Attumey calls: On or about November S-10, Mike Battle contacts the
^ I
* 7 t .
= 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
a We will work with you to make sure that there is a smooth transition, but intend
STEP Z
Senator calls: On or about November S-10 (vwy important that Senator calls and
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
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.
for appointment as the now U.S, Attomey. As always, we ask that you
STEP 3
2006, the Depart:-nu-it of lustice, in consultation with the Oflice of the Counsel
to the
candidates who may become Acting U.S. Attnmey by operation of law) to serve upon
the
STEP 4
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
DAGDDDUOO555
Elston, Michael (ODAG!
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
Please review and provide cements ASAE. 1*d like to gel; this to I-Larriet
tonight, if
* 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
x DAGDDDQOOSSE
* 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
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
the Department of Justice, in consultation with the Office of the Counsel ta the
candidates who may become Acting U.S. Attorney by operation of Jaw) tu serve upon
the
possible in November 2Jul6, Office of the Counsel to the President and Department
of
z DAGUOBOODSS7
Elstun, Michael SODAG
us. And xvi] wait [az the DAG`s input [hut no lungez than tomorrow) 4
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
x DAGQ00000558
Senator calls: On or about November S-lb (very important that Senator calls and
* 7 s
* 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
the Department at Justice, in consultation with the Office of the Counsel to the
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
Chief of Staff
x DAGDDOODUSSG
Sllmelhing sin! pie like, 'NI U.S. Ahameys serve it {he pleasure of the President.
and we do not comment on personnel
Makers."
(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.)
Hl Munica, ,
Thanks,
kat
He Wanled lu knqw ll KL-win Ryan, {he USA far {he Nul'lhern Distllcl BY
California, is going la be reappoinlsd Or replatted,
Kalhieen Blumquist
2OZl5l 4-ZOOT
1 DAGDDUOOUESO
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.
(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
Iii Monica,
x DAGOOUDOOSS1
received others like it this year since many of the U.S. Attorneys have passed the
four
{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
I-Ii Monica.
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:
202/514-2007
z DAGOOOUOOSES
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.
(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
I-Ix Monica.
He wanted to know if ltevin Ryan, the USA far the Northern District of California,
is going
I DAGOUOUUOSSA
Kathleen Elauaquist
24:2/514-znnv
I DAGOOO00D565
Mike Elstun
11
) ) )j ) ) )) ) ) ) ) ) ) 1) )
111
i$
am Mmw '*>`
207,514-9500
DAGUODODD556
ii to FM ~
'~ ~ I
QQNGEESS-ADMINISTRATIONZ . A {iv!)
C4 `
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
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,
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.
The Whne House did interviews in Sepbmber but has yet to name a nominee. The
hnalists:
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
1963 ha 1987. .
Michael Rlckert: Skagit County Superior Court judge since tS9Z. Previously Skaglt
County pmsecutor, 1985 ta 1992
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
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
irilertnewed by the While House Counsels Otlice. McKay said last summer he applied
for the Seattte vacancy, and many local
vacancy, but sources said itwas not clear i` itwas a lormal Job interview.
, "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
DAGOOODOO557
. The meritepanel process started in 1997 sher an agreement lnltialhj hammered out
by Democratic Sen Patty Murray, and
Alelterfmm tomierwhne House Counsel Alberto Gonzales to Murray in March 2002 made
it clear the Bush administration
'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.'
'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
DAGDOOODOSSS