3-19-2007 DOJ-Released Documents 1-3

8/15/2019 3-19-2007 DOJ-Released Documents 1-3

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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]


2/57

By Paul Shukovsky, P-I REPORTER

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

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

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

in charge of federal agencies, including the FEI, the Drug EnforcementAdministration and

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

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

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

which handles federal criminal prosecutions and civil cases involving the LKSAgovernment,

is down six criminal

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

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

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

able to maintain its productivity -~ prosecuting more than Sbu defendante lastyear. "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 areincreasingly

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 recentprosecution of a


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young man from California who infected thousands of computers around the world for

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

property firms whore piracy is a huge concern."

we`d like to be,' sartlett said,

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

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

further, to $11 million. ~

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


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assistance.

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

attorney's budget also affect violent crimes such as bank robberies, which occurat 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 mostviolent

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 onCongress."

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


5/57

The federal prosecutor for Western Washington says his ufdce is "stressed la thelimit" 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 specialagents in charge of federal

agencies, including the FBI, the Drug Enforcement Administration and Immigrationand 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 asthe 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 involvingthe 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 118ernployees 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 areincreasingly being sent to local

plosecutors.

"~ ' t ~.= .;. ` 7.; .t ..== ~ = - - =x a .r. we = i e a . e, cKay said. "Wereworking 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 recentprosecution of a young man lram Califcmia

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

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


6/57

' DAGGDDDOOSZS

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

Baxtlett said.

In tiscal Z0034]4, the otficefs budget was $lZil million. ln tiscal 2004-05, itslid 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 thebest 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, wherecriminals who move

contnband such as drugs, undeclared cash and illegal imrnigrants across theU.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 borderthat could be prosecuted in federal

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

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

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

flexibility right now."

Whatoom County Prosecutor Dave Mclianhxan said he's "amazed" that McKay is facingthe 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 tothreaten to stop prosecuting

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


7/57


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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 hiscommand

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

dispatched from Washington, D.C., climax with evaluators airing employeecriticisms of the

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

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

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

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

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

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

authority of supervisors. Several accused him of granting too much control overpersonnel

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

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

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

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

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 firstevaluation in


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2003, a year after President Hush appointed him to the post. Back then, he enjoyedrobust

staff support, and the Justice Department xated the Northern District cfCalifornia 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 goodwillwaned,

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

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

Indeed, in interviews with two dozen current and former prcsecutoxs, defenselawyers, and

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

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

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

turnover as the primary reason for the oEfice's caseload falling during the Ryanera, 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 inBALCC and

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

"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 knowswhy the

almost universal praise he enjoyed four years ago has zurdled.

office, Before leaving for private practice last year, Frusecutor John Hemann e-mailed his


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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 forcethat

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

People in the office - lawyexs and staff 7 are unhappy and frustrated. reopleoutside 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 Arealegal

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

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

Weekly` Hemann, a partner at the San Francisco office of Morgan Lewis, did notrespond 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 questionhis

decisions. "It does:-Mt matter how much you know about the law or how muchexperience 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, prosecutarswho spoke

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

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

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

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

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


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interim

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

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

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 monthsand

ordered his attnmeys to start filing more cases.

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

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

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

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

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

prcsecutioz-Us argument if a judge doubted its merit.

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

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

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

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

Favlo Lazarenko in a money-laundering scam.

The Northern District office prosecutes criminal and civil offenses across aregion

stretching from Monterey to the Californiaearegon border, and the U.s. Attorneyranks 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


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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 hetrusted his

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

Shapira more or less sustained the momentum between Mueller's cxit and !`


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in 2Uu


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

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

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

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

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

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 withthe

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

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

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

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

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 forsupervising

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 theirwork,

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, thoughannoying to

some, served to motivate the staff to match his zeal. If Ryan made similar rounds,another


15/57


16/57

days. "

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

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

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

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

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

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

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

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

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

offices. Such acclaim has fallen mute.

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

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

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 Belowand Eage

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

Attorney's Office has moved slowly in prosecuting gangarelated homicidesl

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

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 "asa 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


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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 softwarepiracy case

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

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 theoffice's

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

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

statistics. The next year, Ryan's first, the number tumbled to 1,013, and from2003 to

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

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

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

a national trend that bespeaks the feds' greater emphasis an antiterrorismefforts,

says Peter !


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cases."

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

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

4 DAGDOOOOUBG1

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

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

Budget cuts have trimmed Ryaxts staff by a dozen prcsecutors since 24lM. Theshortage 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 shouldbe able

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

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 enforcementagencies 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 returnedfewer calls

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

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

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

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

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

laws and Major League Baseball to canduct its o ~ '


19/57

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

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

illegal immigrants."

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

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

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

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

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


20/57

noting that they pravided key details on the informant to the defense. Yet it*sfair to

ask whether the two relatively inexperienced attorneys who bungled the caseadequately

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

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

Critics fault that tunnel vision for a series of taeestuhbings by !tyan'sprasecutors, In

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

s DAGUDOUDOSGZ

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

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

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

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

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

witnesses and informants in an ongoing murder case. Prosecutors maintain thatdivulging 7

the identities invites retaliation on the source: from allies of the gang membersfacing

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

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 thatprosetutors

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

"Erosecutars are going to Eight tooth and nail tn give as little as they can andnot turn


21/57

over anything until the Very last minute," says Richard Mater, who represents adefendant

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*sspokesman,

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 federalhatch

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

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 ofMichael

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

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

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

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 hiscold

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

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

ago seems a distant glimmer.

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

he able to think outside the hax.'*


22/57

s DAGUODOOUSSG

Elston, Michael ODAG!

Frum: USAEO-OTD

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

Tu: [email protected]; US)\EO~FirstAUSAs usa.do;.gov; U$AE()~

[email protected]

Cc: USAEO-USASs=:retaries uss4doJ.gav; [email protected]; 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>>

cr: : All United States Atturneys' Secretaries

I DAGODOOOGES4

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

'rite s ~ . .

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

a) `


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.

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 proceduresfor

submitting their ruignntiorrs. To assist you, I have attached answers to some ofthe most bequently

asked questions regarding the resignation process including guidance for aresigning interim United

States Attomey who is returning to apositian ns an Assistant United StatesAttomey. lfyau intmd to

resign, please advise me at your airliast opportunity either-by electronic mail orby phmle (ZOZ} 5l4~

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

advance notice as possible.

i l.e:t=u ofresignetiun addressed ru the President and to the Atwmey Gene-ulshould be sent by

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

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

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


24/57

sources, will be

restricted, This attests actions which increase employment by adding is newunployec to a district':

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

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

announces their resignation, including ofliznr that were contingent an clexrancessuch as drug testing or

background investigation, will be bonared.

DAGOUUDOOSS5

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

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

selecting oticial most inform the applicant that no oifex can he extended untilthe 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 posltinnrWho

needs to he notitied?

The United States Attorney should prepare letters ofresigustion to the Presidentand the

Attorney General stating the date and time of the proposed resignation. Generally,the


25/57

letter in the President is hrie!} while the letter to the Attorney General isusually longer

. and more personal (see examples attached). These letters should he sent byexpress 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 StatesSenators

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

selecting a successor can he n

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

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 (seeexample

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

campaign or anew business. Courtesy copies of the press release should heforvmrded 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 StatesAttomeys,

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

processes all insurance fonns and associated heueflts hr departing United States


26/57

Attorneys.

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

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

DAGDUOOUOSSY

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

- 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 UnitedStates

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

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

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

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

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

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

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

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-ativeOfncer has

their correct home and work forwarding information The United States Attorneyshould

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

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


27/57


28/57

term lasts until the nonirmntion of a Presidential appointment. In the ahseuneofan

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

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

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 forthis

change.

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

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

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

the President

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

Recommendations iizr United States Attorneys should be forwarded to the Attorney

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

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

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

United States Attorney to the Director, HOUSA,

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

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

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

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

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

DAGOOODDOSSS

US. Department oflustice

s`: st. i. ` I


29/57

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 EasternDistrict

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 EastemDistrict


30/57

oftlae United States, eftective midnight December 31, 2006. It has been a greathonor 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 honorand

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

Department of Justice during my tenure.

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

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 rignation, he plans on

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

Smith, it graduate oi`Amcr-ican University and thc University ofvirginin lawSchool, 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 thcNational Institute of 'his.!

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


31/57

communities reduce

crime by bringing in investment and oppomtrrity.

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

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

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

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

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

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

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

in Washington, DC, and New York City, has 32 attorney: and is responsible forconducting 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


32/57

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 itmatch up

with yuurs.

From: I-!azriet HiexsIazwrho.e


33/57

'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


34/57


35/57

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


36/57

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 followingU.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 hasdeterminer! to give someone

else the opportunity m serve as U.S. Artazney in your district for the iinal twoyeas 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 US. Attomey calls

happen simultaneously), Bill Kcllcyor appropriate Associate Counsel contacts Lhcfollowing Senators:

= Ion Kyl (re Charlton)


37/57

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 toserve as U.S. Attomey in

[relevant district] for the final two years ofthe Administration. [If-pushed, thisdeterrnination 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 weintend 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 considerfor appointment as the

new U.S. Altumey. As always, we ask that wu recommend at least three carrdidatesfor 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. Attorneyby 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 aspossible in

November ZOD6, Ofnce of {lie Counsel to the President and Department oflusticecarry out (albeit an an


38/57

expedited basis) the regular U.S. Attorney appointment process; obtainrecommendations from Senntnrs, other

state political leadership, and other sources; evaluate candidntes; makerecommendations to the President;

conduct haekgound investigations; have President make norninations and work tosecure 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

[email protected]

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:


39/57

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 AssociateCounsel

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


40/57

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

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

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 uponthe

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


41/57

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 hasdetermined

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

final two years of the Administration.

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

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

* 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 serveas

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 thatwe

intend to have a new Acting or Interim UAS. Attorney in place by the end of theyear.


42/57

' We will look. to you, Senator, to recommend candidates that we should considerfor

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

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

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 secureconfi

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


43/57

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 AssociateCounsel

contacts the following Senators;

= Ion Kyl (re Charlton)

. John isnsigi he sagaesi

. we Domeniei (re Iglesias)

Kelley informs the Senatars as follows:

DAGOUOOOO554


44/57


45/57

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 ofDOG). 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-Larriettonight, 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 hasdetermined

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

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

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

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

x DAGDDDQOOSSE

* John Ensign (re Pogden)


46/57

I Pete Domenici (re Iglesias)

Kaelley informs the Senataxs as follows:

* The Administration has determined to give someone else the opportunity to serveas

U.S. Attorney in [relevant district] fax the final two years of theAdministration. [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 thatwe

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

appointment as the new U.S. Attorney. As always, we ask that you recommend atleast 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 uponthe

resignation of above-listed ILSA Attorneys.

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

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

process: obtain recommendations from Senatnrs, other state political leadershipjand

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

background investigations; have President make naminatians and work to secure

Sin Pennsylvania Avenue, N.'44

(:::2) Sn-ion wk.

z DAGUOBOODSS7


47/57


48/57

pushed, this determination is based on a thornu h revi '

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

appointment as the new U.S. Attorney. As always, we ask that you recommend atleast 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 Departmentat

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

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 Definnneiquestions (We have fetelved ulhefs like it this


49/57

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 autunialilthold-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 BYCalifornia, 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


From: Sampson, Kyle


50/57

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 thefour

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

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

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 numberof 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


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202/514-2on'l

x DAGOOUDOOSS1


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 thefour

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

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 numberof 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


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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 thefour

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 anpersonnel

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 numberof our

USAs are serving well past their four year mark.)

Fram: Blomquist, Itathleen M


53/57


54/57

ii to FM ~

'~ ~ I

QQNGEESS-ADMINISTRATIONZ . A {iv!)

C4 `

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

By David Bowermsster, Seattle Times stall reporter

The Seattle Times, November 15, 2006

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

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

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

opened ln July.

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

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

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

ttlbre rtOrl'tlrieB$. I

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

process, speaking on condition ot anonymity, called the Whita House decision'appalling? ^outrageous" end a 'travesty,' and

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

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

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

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

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

Hnaiists tor the federal bench


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' `ii. in ^= = r rs r ( v ncy wnu i e presi e lw rncre l y we ,' urkansal t

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

DAGDOOODOSSS