Via Washingtonpost.com : On Nov. 10, 2005, Attorney General Alberto R. Gonzales sent a letter to a federal judge in Montana, assuring him that the U.
May 6, 2007

Via Washingtonpost.com :

On Nov. 10, 2005, Attorney General Alberto R. Gonzales sent a letter to a federal judge in Montana, assuring him that the U.S. attorney there, William W. Mercer, was not violating federal law by spending most of his time in Washington as a senior Justice Department official.

That same day, Mercer had a GOP Senate staffer insert into a bill a provision that would change the rules so that federal prosecutors could live outside their districts to serve in other jobs, according to documents and interviews.

Congress passed the provision several months later as part of the USA Patriot Act reauthorization bill, retroactively benefiting Mercer and a handful of other senior Justice officials who pull double duty as U.S. attorneys and headquarters officials. Justice officials say the measure was a necessary clarification to ensure that prosecutors could fill temporary postings in Washington, Iraq and elsewhere, and that it also applies to assistant U.S. attorneys.

But the episode, which received little notice at the time, provides another example in which Gonzales's statements appear to conflict with simultaneous actions by his aides in connection with U.S. attorney policies. Lawmakers investigating the department's handling of the dismissal of eight U.S. attorneys have repeatedly accused Gonzales of being less than truthful about the roles played by himself and the White House.

But what about David Iglesias?

The practice has come under scrutiny in Congress because of claims by the Justice Department that it fired New Mexico prosecutor David C. Iglesias in part because he was absent from the job too much. Iglesias, who is a Naval Reserve officer, has filed a complaint with the Office of Special Counsel alleging that the firing was, among other things, a violation of federal laws prohibiting discrimination against military personnel.

"It's a curious contrast that leaders in the Department of Justice would slip a change into law to allow one U.S. Attorney to spend only a few days a month in his district and keep his job, while at the same time claiming to fire another for spending a few days a month away from his district to serve his country," Sen. Patrick Leahy (D-Vt.) said in a statement. Read more...

(h/t Blue Girl, Red State)

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