No Comment — September 7, 2007, 3:12 pm

U.S. Attorneys Scandal–Los Angeles and San Diego

When the U.S. attorneys scandal first surfaced, concerns came to focus very quickly on criminal investigations into a group of close friends among the California G.O.P. Congressional delegation. The case of “Duke” Cunningham had gotten broad press, and it was clear that Carol Lam, the U.S. Attorney in San Diego, had run afoul of the White House by carrying it through to a headline-grabbing conviction. The Cunningham prosecution was, in fact, the single most spectacular corruption conviction in U.S. Congressional history, and the “Dukester’s” mendacity made terrific copy for newspapers and magazines.

Another case in which Lam had been involved with her colleague in Los Angeles, Debra Yang, was an investigation of Redlands, California-based Rep. Jerry Lewis on corruption allegations. After Congressional investigators began looking at the Lam case they noticed some very strange things regarding Yang. She likewise seems to have bothered folks in the White House–in fact, Harriet Miers wanted her gone. However, she appears to have been furnished with a golden parachute, when—through the miraculous intervention of former Bush Solicitor General (and current Attorney General prospect) Ted Olson—she landed a seven-figure partnership with Olson’s own law firm. Moreover, it is the very same firm that was representing Rep. Lewis in the investigation. That’s a pretty amazing series of coincidences.

Of course, not a few people looking at it are convinced that there are no coincidences here at all. They think that this was a plan to put a stick in the wheel of the Lewis investigation. And if that was the purpose, those behind the plan may now be privately celebrating “mission accomplished.”

A number of publications have been looking at the Lewis matter—including the Wall Street Journal piece by Scott Paltrow that I discussed last week–and they’re all coming to the same conclusion. As soon as Yang was out the door and a Gonzales-designated replacement stepped in, the brakes got slammed on the Lewis investigation. (Similarly, the change in Phoenix seems to have produced an almost immediate end to a probe of former Rep. Kolbe, and many questions around the investigation of Rep. Renzi, both Republicans in hot water). Here’s how the Los Angeles Daily Journal puts it:

a 25-year veteran of the U.S. attorney’s office who just recently took over the probe of Rep. Jerry Lewis must exit the office for good by the end of September, marking the third significant departure from the office’s corruption unit since Lewis first came under suspicion last year. Michael Emmick, who first joined Los Angeles’s U.S. attorney’s office in 1982, has been serving under one-year appointments since 2004, after he triggered a contractual clause that will allow him to collect retirement benefits immediately upon leaving the office.

“I was under the impression I could continue to work as long as I liked” after taking early retirement status, Emmick said. “The [Los Angeles U.S. attorney's] office made requests, but DOJ said three years is enough.” Interim U.S. Attorney George S. Cardona said internal policy is designed to limit extensions. The Justice Department “extended it for important cases, but it finally got to the point that it was no longer willing to extend the temporary appointments,” he said.

Isn’t that convenient? Just invoke some civil service rules—which the DOJ could easily waive if it wishes—and that nasty investigation will just languish for a few more years.

The San Bernardino County Sun takes a look at the facts and agrees: a tad too convenient. They see all of this in the context of the U.S. attorneys scandal.

Emmick’s ouster comes on top of congressional investigation into the Justice Department’s abrupt firing of eight U.S. attorneys late last year. Among those fired was Carol Lam of the San Diego office, who led the investigation and successful prosecution of Rep. Randy “Duke” Cunningham, R-Escondido – now serving eight years in prison after admitting he accepted more than $2.4 million in bribes from businessmen seeking federal contracts.

The Cunningham case spurred the ongoing probe of Lewis and his use of earmarks in connection with lobbyists and contractors. Lam stepped down Feb. 15. Federal investigators had subpoenaed financial documents linked to Lowery’s now defunct lobbying firm – Copeland, Lowery, Jacquez, Denton and White – and to Lewis in spring 2006. The firm and its clients contributed more than a third of the $1.3 million raised by Lewis’ political action committee between 2000 and 2006. Subpoenas went out to at least half a dozen local agencies, including San Bernardino and Riverside counties, Cal State San Bernardino and the cities of Redlands, Loma Linda, Twentynine Palms and Yucca Valley.

He has also been dogged by a seeming revolving door of his staffers becoming high-paid lobbyists only to later rejoin his staff as well as major campaign donors who have won substantial federal contracts. Lewis also has come under fire for his practice of earmarking legislation to the tune of millions of dollars to benefit special interests. The fact that Emmick has now been suddenly yanked from the case has caused alarm for local politicians who have questioned Lewis’ practices over the years. Emmick’s unexplained ouster is cause for concern, said Tim Prince, a San Bernardino Democrat who has expressed interest in Lewis’ seat.

“Is the U.S. Attorney’s Office backing off its mission to clean up Congress?” he asked. There are many documented ethical problems in relation to Lewis, Prince said.

According to a report in the Chicago Tribune, shortly after the U.S. attorneys scandal was placed on the Congressional front burner Alberto Gonzales told an assembled group of U.S. attorneys that he intended to proceed full speed ahead with plans to make U.S. attorneys more accountable to political concerns. I’d say that things are continuing according to plan. His replacements are doing exactly what they have been instructed to do: squelch or slow down criminal investigations concerning Republicans, and mine frantically for new ones concerning Democrats. This nightmare is demolishing the reputation of the Department of Justice, and even with Gonzales leaving, it isn’t going to end any time soon.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 164 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2015

Black Hat, White Hat

= Subscribers only.
Sign in here.
Subscribe here.

Beyond the Broken Window

= Subscribers only.
Sign in here.
Subscribe here.

In Search of a Stolen Fiddle

= Subscribers only.
Sign in here.
Subscribe here.

Displaced in the D.R.

= Subscribers only.
Sign in here.
Subscribe here.

The Quietest Place in the Universe

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Displaced in the D.R.·

= Subscribers only.
Sign in here.
Subscribe here.

“How is it possible that my birth certificate is invalid if I was born here?”
Photograph by Pierre Michel Jean
Article
The Quietest Place in the Universe·

= Subscribers only.
Sign in here.
Subscribe here.

“Gaitskell and his colleagues are approaching the revelation of a new order, a new universe, in which even light will be known differently, and darkness as well.”
Painting by Sebastiaan Bremer
Article
The Test of Time·

= Subscribers only.
Sign in here.
Subscribe here.

“One by one his books dismantle the idea that art consoles, that art contains truths, that art expresses the soul. He insists on the artificiality and createdness of his narratives.”
Article
Saving the Whale, Again·

= Subscribers only.
Sign in here.
Subscribe here.

“While the other Wall Street behemoths are currently tapering their derivatives trading, Citi has been expanding its own.”
Illustration by Ross MacDonald
[Browsings]
On Broadway·

= Subscribers only.
Sign in here.
Subscribe here.

Photograph by the author

Chance that an American would give up at least one week of life to avoid taking a pill every day:

1 in 3

Iowa urologists reported that only a minor portion of locker-room teasing arises from “the presence of excess foreskin”; most teasing targets small penises.

A pair of Russian film directors asked President Vladimir Putin to invest $18 million in a new restaurant chain intended to drive McDonald’s out of the Russian market. “Every project these days,” a Russian television personality said of the proposal, “must be smothered in patriotic sauce.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today