Firing all 93 US Attorneys? It has been done before. Ask Clinton.

Are politicians so dependent on the assumption that the public has an attention deficit disorder on issues or events that have happened more than a year ago? It would seem so in this case.

I find it amusing that Congressional Democrats are "outraged" with the Administration's decision to fire eight U.S. Attorneys and that Bush's involvement was unjust. Even wannabe Presidential candidate Senator Hillary Clinton blamed President Bush for "the politicisation of our prosecutorial system."

While the media, Democrats, and a few Republicans continue to criticise the Administration's conduct in this fiasco, we have to go back several years for a bit of rememberance. I am sure most people did not know that under former President Bill Clinton's term as President, former Attorney General Janet Reno fired all 93 U.S. Attorneys in March 1993.

That's right, Janet Reno, with the approval of the President, evicted all the attorney generals.

In response to the hoopla, President Clinton said it was perfectly ordinary. "All those people are routinely replaced and I have not done anything differently." But this was not true. The firing of all the prosecutors was unprecedented. Previous Presidents, including Ronald Reagan and Jimmy Carter, had both retained holdovers from the previous Administration and only replaced them gradually as their tenures expired. This allowed continuity of leadership within the U.S. Attorney offices during the transition.

While it seems that the firing of these eight Attorneys was done quite poorly, the Democrats should not start firing off salvo after salvo saying this was all a Republican consipracy. They should ask Hillary about what happened in 1993 and decide whether to keep their mouths shut and remember to do some more research before making any more regretful remarks.

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Update 03/16/07

Related Link

You can find quite a boatload of information when you search for Janet Reno and Attorney General firings. When former President Bill Clinton appointed Janet Reno as US Attorney General, she was the first woman to hold the post.

Normally, when control of the Administration changes from one party to the other, the old U.S. attorneys are replaced gradually. Thus, when Tom Corbett, chairman of the U.S.-attorney advisory committee, asked Miss Reno about the transition timetable on Thursday, March 18, and got no answers, he assumed there would be the traditional, slow handover. He reeled when, on Monday morning, Associate Attorney General Hubbell told him the attorneys would have to resign immediately. Literally. "[They] should be able to clear out of their offices over the weekend," one White House politico told Corbett. (Miss Reno was nowhere in sight.) Corbett had to fight just to get the attorneys an extra week to clear out.

The next day Miss Reno called for resignations. Jay Stephens, the U.S. attorney for Washington, D.C., resigned that afternoon, commenting that he had been within thirty days of a "critical decision" about Rostenkowski. (Once Stephens left, the transition lost its urgency; some Republican U.S. attorneys are still on board.) The Illinois congressman may yet be indicted for his alleged abuse of the House Bank, but Stephens's hasty dismissal surely slowed the investigation, leaving Rosty, who loses his chairmanship if indicted, in place to steer Clinton bills through the House.

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Posted by: Mark
Posted on: March 14, 2007 05:29 PM

March 1993 was 2 months after Clinton took office; I bet he fired all the previous Cabinet officials and appointed his own too. 2007 is 6 years after Bush took office and over 2 years since his second term began. It's easy to read between the lines on this case. What do many of these attorneys have in common? They were investigating Republican corruption. If you can show that some of the 93 attorneys that Clinton fired in '93 were investigating corruption and were fired because of it, then you'd have a meaningful comparison. But we are talking about Bush firing attorneys he himself appointed, saw no issue with, until they started asking the wrong questions and knocking on the wrong doors. The change that allowed him to do this in a way different from Clinton is described here: http://en.wikipedia.org/wiki/United_States_Attorney

See: http://www.thecarpetbaggerreport.com/archives/10193.html

For more information on what the attorneys were investigating: http://en.wikipedia.org/wiki/2006_Dismissal_of_U.S._attorneys_controversy

and the replacements? http://www.gregpalast.com/bushs-new-us-attorney-a-criminal/

http://time-blog.com/swampland/2007/03/prepare_to_withstand_political.html

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Posted by: James
Posted on: March 14, 2007 06:10 PM

Example: US Attorney Jay Stephens for the District of Columbia was investigating Democratic Way and Means Chairman Dan Rostenkowski. He went to jail for mail fraud charges, but was later pardoned by Clinton.

One could say that Clinton's firing of all 93 Attorney Generals was just "good timing" when compared to the antics of Bush and Gonzales.

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Posted by: James
Posted on: March 14, 2007 06:14 PM

Another point: Clinton is the first president to approve Reno's dismissal of all Attorney Generals. Bush Sr. did not do it. Reagan didn't. Carter too. While it makes sense to appoint your own cabinet staff, was this a valid rational action with all the federal prosecutors? It would take months or years to confirm a new batch of Attorney Generals.

This is why I detest any attempt, Democratic or Republican, to completely screw with our federal prosecutors.

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Posted by: Krzysztof
Posted on: March 17, 2007 06:44 AM

Very good article. I needed to school message. I thank.

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Posted by:
Posted on: July 26, 2007 12:53 PM

I find it interesting you neglect to mention that new U.S. Attorneys are subject to approval by the Senate.

I find it intriging that you fail to mention that the governing statute, 28 U.S.C. ยง 546 was changed under the Patriot Act allowing the President to circumvent Senate Approval indefinitely.

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Posted by: James (Author)
Posted on: July 26, 2007 04:17 PM

The point of this post was to show that under President Bill Clinton, a Democratic administration, all U.S. attorneys were dismissed from their positions by Janet Reno. It is to show that people quickly forget the past and not learn from them.

As for the President, the use of recess appts and the Patriot Act are a separate issue from this.

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Posted by: MN Attorney
Posted on: March 1, 2009 01:19 AM

Its the typical politics game.

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Posted by: Peter Singh
Posted on: June 7, 2009 10:01 AM

With all due respect I disagree. Comments to follow soon.

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