Thursday, April 26, 2007

Obstruction of Justice?

There is reason to be suspicious about these events. Last week, all Attorney General Alberto Gonzales could offer was weak excuses for the firing — that Mr. Charlton had asked Mr. Gonzales to reconsider a decision to seek the death penalty in a murder case and that he’d started recording interviews with targets of investigations without asking permission from Justice Department bureaucrats.

Beyond that, this story line is far too similar to one involving a fired prosecutor in New Mexico. Senator Pete Domenici, a Republican, asked the prosecutor there, David Iglesias, about the status of an investigation of prominent Democrats. If Mr. Iglesias had brought indictments before the election, it could have helped Heather Wilson, a Republican congresswoman locked in a tight re-election battle. He didn’t. Mr. Domenici reportedly complained to the White House. Mr. Iglesias was fired.

Since this scandal broke, the White House has insisted that the firings were legitimate because United States attorneys serve “at the pleasure of the president.” They do. But if prosecutors were fired to block investigations, that might well be obstruction of justice, which is itself a federal crime.

Yesterday, Senator Charles Schumer, Democrat of New York, wrote to Mr. Gonzales to request all White House and Justice Department communications about the Renzi investigation. Given what has already come out, the burden is now on the Justice Department to show that Mr. Charlton’s firing was legitimate.