Judiciary Committee Hearing on Fired US Attorneys

The Judiciary Subcommittee on Commercial and Administrative Law is currently holding a hearing: "The Continuing Investigation into the U.S. Attorneys Controversy." The hearing is being aired on C-Span 3.

Chairwoman Sánchez: "While we appreciate the Justice Department's general cooperation with our investigation, the Department has withheld materials that are clearly related to the mass firing and were requested by the committee, including unredacted documents with key information. Chairman Conyers has issued a subpoeana for their production, and the deadline for their production has passed. Although the President has publicly pledged to get to truth of the matter, the White House continues to be an obstacle in concluding this investigation."

Sánchez: "OK, but in your view and to the best of your knowledge were there valid performance-based reasons to terminate any of these six US Attorneys?" Comey: "Not in my experience with them."

Full transcript of the above exchange between Chairwoman Linda Sánchez and former deputy attorney general James Comey:

Sánchez: If a US Attorney were in fact fired for not following Administration priorities on some subject, but neither the US Attorney nor the first assistant or successor were told the reasons for the firing, would you expect that the firing would create achange in the priorities of that office, if neither one were informed of the reasons for the firing?

Comey: You mean if they didn't know about the concerns about their firing?

Sánchez: Yes, if somebody was just summarily dismissed and there was no discussion that took place with the US Attorney nor their first assistant who presumably would be the person in charge in the interim, and the reasons for their dismissal were never discussed, would you expect that there be any change of priority in that office or ability to do better in the areas that were deficient of the person that was on their way out the door?

Comey: Yeah, I suppose it would be hard for them to respond if they didn't know what the message was that was being sent. So I guess the answer is, I wouldn't know, if I were the US attorney being let go I wouldn't know what prioroities to pass along to my First Assistant.

Sánchez: Just recently the Seattle Times reported that you had informal discussions with Attorneys General Ashcroft and Gonzales about underperforming US Attorneys, is that correct?

Comey: No, I'm going to offend my friends in the press, it was a bit of a garble by that reporter. I spoke to each of those Attorneys General, their chiefs of staff about it, Mr. Ayers asked me before, 'so who do you think are the weakest US attorneys?' - I answered off the top of my head. And Mr. Sampson in February of '05 asked me basically the same question, almost in the same words, and I answered again off the top of my head, I never spoke to either Mr. Ashcroft or Mr. Gonzales about that subject.

Sánchez: So you spoke to their chiefs of staff. Did you identify to those chiefs of staff any of the US Attorneys that who fired in 2006 as under-performing reasons other than Mr. Ryan?

Comey: No, I don't believe so.

Sánchez: Now we all know, because it's been stated multiple times in many of the hearings that we've had that the US Attorneys serve at the pleasure of the President and can be dismissed by him as he sees fit, is that correct?

Comey: That's my understanding, yes ma'am.

Sánchez: Great, but in your view would it be proper to seek the removal of a US attorney in order to retaliate or to influence the bringing or the failure to bring cases to benefit a particular political party? Would that be proper?

Comey: In my view it would not, it ought not to be something that we do. And I don't have any reason to believe that was done here, I don't know the facts, but I would be concerned about that if that happened.

Sánchez: Right, because you stated, I think, previously that you didn't have any information one way or the other as to whether or not that played a role in the decision to terminate the six US Attorneys who testified before this subcommittee earlier this year.

Comey: Right.

Sánchez: OK, but in your view and to the best of your knowledge here there valid performance-based reasons to terminate any of these six US Attorneys?

Comey: Not in my experience with them.

Sánchez: So during your time...

Comey: During my tenure, no.

Sánchez: Thank you. Mr. Comey, returning to that 2005 list that we've been discussing this morning, although it's not reflected on the redacted version of the chart that you have in front of you, it's been reported that Patrick Fitzgerald of Illinois was listed on that chart in the middle category as someone who had not distinguished himself positively or negatively. What is your reaction to that rating?

Comey: I've never thought much of him. No, I'm just kidding. He's a very close friend of mine.

Sánchez: I think he'll be surprised to hear that.

Comey: He's a very close friend of mine, I think he is one of the finest federal prosecutors that there is, and maybe has ever been, so...

Sánchez: So you would disagree with the assessment on that list that he hasn't distinguished himself either positively or negatively?

Comey: No, although I've enjoyed teasing him about it, it would not be where I put him on the list.

Sánchez: OK, thank you. It's also been reported that Steve Biskupic, I hope I pronounced that correctly, of Wisconsin was on an early list of US Attorneys for termination, did you identify him to Mr. Sampson as a weak performer?

Comey: No, I think very highly of him.

Sánchez: OK, and in your view, what has been the message sent to, and the effect on the morale of other US attorneys, assistant US Attorneys and the Department of Justice as a result of the firing of the six US Attorneys who testified before this committee?

Comey: It's a big group, so it's hard to characterize in one sweeping statement, but this is a time, as I said, this is a hard time for folks at the Department for a whole lot of reasons, and I think it's a time of great uncertainty and pain for people who love the Department of Justice.

Sánchez: OK, my final question, I want to actually just read you a part of an email that's been provided to the Committee, and that was apparently sent to you by Bud Cummings on March 8th, related to the firings. According to the text that we've been provided, you stated the following to Mr. Cummings, quote: 'You are a good man and have handled this maelstrom with great dignity. Watching it causes me great pain for the USAs, whom I respect, and the Department, which I love. Regardless, I will not sit by and watch good people smeared. What's that quotation about all that's necessary for evil to triumph is for good men to remain silent?' Endquote. Did you, in fact, tell Mr. Cummings that?

Comey: I did.