Why the fired DA mess happened. Here's the answer.

[kstewart33]

Andrew Sullivan, a conservative no less:

...The reason they were fired was politics. No other reason makes any real sense. But Bush can't say that. And he can't say anything else persuasive. So he has tried to reconfigure this whole thing as a fight with the Dems. But not even NRO can swallow that. It's actually a fight with the Republicans - at least those Republicans who think the justice system should be more than a tool in winning elections. I have an image in my head of Karl Rove wondering how he got beat in the November elections, figuring that sleaze and corruption hurt the GOP, and wondering how to turn it back on the Dems. Without compliant U.S. attorneys, he cannot counter-attack. So he made a list and got them fired. Isn't this kind of activity routine for Rove-Bush Republicans? Isn't it, so to speak, right in front of our nose?

Link: http://andrewsullivan.theatlantic.com/

[WilliamPitt]

1. Ugly

but illegal?

[Ian David]

2. It is legal for you to drive your car. It is not legal for you to use it to flee from the cops.

It is legal for the pResident to fire prosecutors.

It is not legal for him to fire them to obstruct justice and interfere with ongoing criminal cases.

[NMDemDist2]

3. it's never the 'crime' that gets em Will, it's the cover up

and the WH is scratching like a cat with diarrhea

:evilgrin:

[napi21]

4. Yes it is illegal IF we can prove they were fired to prevent

Pubs from getting prosecuted, or intentionally going after ONLY Dems.

That'scalled Obstruction!

[aquart]

5. Is it upholding the constitution?

I'm pretty sure it's obstruction of justice. But I'll bet there are lots of little finer points of law involved.

[Disturbed]

7. Obstruction of Justice.

This is the case. This is why Busholini is fighting to keep Rove and Miers from testifying Under Oath and in public.

[sendero]

9. If it was to stop..

... an ongoing or pending investigation or action, you damn skippy it's illegal. The very fact that they are lying their asses off makes me think they are very worried. Maybe whoever leaked the emails has copies of the server backups, and no amount of scrubbing will clean their mess if it gets out.

[youngdem]

10. What about Whistleblower statutes? Could they apply?

I mean, would a prosecutor(Carol Lam), as a federal employee who is also bringing to public attention a crime by a government official (Cunningham and perhaps Foggo) being destroyed (by the White House) professionally, publicly and in the official duties of his office to prosecute the crime be a violation of Whistleblower Act or related statutes? (I dunno, I'm asking.) Sure seems like Bush & co are in violation of the California Whistleblower Protection Statute of 2003, however weak in penalty it may be. http://www.orrick.com/fileupload/221.pdf


Also, isn't it obstruction of justice to impede a criminal investigation? Bush didn't pardon Cunningham, Foggo or anyone else potentially involved. They just fired the prosecutor. Seems like obstruction to me. And the senators from New Mexico certainly committed Obstruction of Justice if their calls to the prosecutor to attempt to influence cases (quickly followed by firings) could be construed as threatening communications, which they obviously were.

US Code Title 18, Part I, Chapter 73,§ 1505. Obstruction of proceedings before departments, agencies, and committees states

"Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years..."




Also, lying to Congress is a crime. (US Code Title 18, Part I, Chapter 47) Their lawyer demonstrably lied to Congress last week. And everyone else the White House would ever produce) would also lie to Congress about what went on.

So, I'm no lawyer, but it sure seems illegal, at least in the cases in New Mexico and San Diego.

[cassiepriam]

6. Yes he is right, this was Rove after the election, getting ready to release a 100 Ken Starrs.

[notadmblnd]

8. This is their fight to render congress entirely irrelevant and the repubs realize it

I think it's do or die for them. This is the fight thats going to decide if this country becomes a permanent dictatorship. I was reading another DU'ers post the other day ( I can't remember who)and they suggested this as the reason Republicans are so angry. the more I think about it, the more it makes sense.