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Context of 'November 2, 2001: Chiara, Bogden Sworn in as US Attorneys'

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Margaret Chiara.Margaret Chiara. [Source: MLive (.com)]Margaret Chiara and Daniel Bogden are sworn in as US Attorneys for the Western District of Michigan and Nevada, respectively. Bogden served for five years in the Air Force’s Judge Advocate General’s Office before moving on to become a prosecutor in Reno, Nevada. He became an Assistant US Attorney in Nevada in 1990. He was recommended for the US Attorney position by Senator John Ensign (R-NV). Chiara was unanimously confirmed by the US Senate and is Michigan’s first female US Attorney. She has extensive experience as a prosecutor, and before her selection as US Attorney, was the policy and planning director for the Michigan Supreme Court. She will serve on three subcommittees of the Attorney General’s Advisory Committee (AGAC): Native American Issues, Management and Budget, and US Attorneys’ Offices Outreach. Chiara replaces Interim US Attorney Phillip Green, who becomes First Assistant US Attorney. Joan Meyer, formerly the First Assistant, becomes a line assistant. Meyer will later be appointed Criminal Chief of the office. These personnel decisions will impact later events in Chiara’s office. Chiara will successfully prosecute Michigan’s first death-penalty case since 1938, will increase felony prosecutions and convictions in her district by 15 percent, and will develop a widely used attorney training and mentoring program. [CBS News, 2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Atlantic Monthly, 4/2009; Talking Points Memo, 2011] There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: US Department of Justice, Margaret M. Chiara, Daniel G. Bogden

Timeline Tags: Civil Liberties

Daniel Bogden, the US Attorney for Nevada (see November 2, 2001), undergoes an Evaluation and Review Staff (EARS) performance review undertaken by the Justice Department. Bogden does quite well. His evaluation states in part: “United States Attorney Bogden and his supervisory [staff] were well respected by the USAO [US Attorney’s] staff, the investigative and client agencies, and the judiciary.… The senior management team appropriately managed the department’s criminal and civil priority programs and initiatives.… Bogden was highly regarded by the federal judiciary, the law enforcement and civil client agencies, and the staff of the USAO. He was a capable leader of the USAO. He was actively involved in the day-to-day management of the USAO.” [US Department of Justice, Office of the Inspector General, 9/29/2008] The March 2006 evaluation of Bogden and his office indicates that the first performance review was conducted during the first week of March 2003, not February 2003. [US House of Representatives, Committee of the Judiciary, 4/13/2007 pdf file] In August 2003, Bogden will receive a summative of the EARS report from the Executive Office for US Attorneys. His office will score higher than average on the cumulative ratings, and Bogden will be praised for the work he does with the department’s anti-terrorism task force and his evident skill at managing his office. [US House of Representatives, Committee on the Judiciary, 5/21/2007]

Entity Tags: Daniel G. Bogden, Executive Office for US Attorneys (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

Margaret Chiara, the US Attorney for the Western District of Michigan (see November 2, 2001), undergoes her first Evaluation and Review Staff (EARS) performance evaluation, as mandated by the Justice Department. The evaluation is generally positive, finding that Chiara is “a well regarded, hard-working, and capable leader who had the respect and confidence of the judiciary, the agencies, and USAO [US Attorney’s Office] personnel.” However, the evaluation finds “discontent within the criminal division” in Chiara’s office, based on the perceptions of some of her Assistant US Attorneys that some people are being rewarded for hard work more than others. A later draft report notes that “[m]any AUSAs reported to evaluators [concerns about] the number and size of awards given to other AUSAs during the last 12 months. This information was found by evaluators to be generally inaccurate.” [US Department of Justice, Office of the Inspector General, 9/29/2008] A subsequent EARS report, issued in June 2005, praises Chiara and her office for “effectively” implementing the department’s national priorities, and notes how effectively the office has worked in “dismantling and disrupt[ing] drug organizations” in Chiara’s district. It also notes a significant increase in firearms cases being referred to state and local authorities. Chiara has a “firm grasp on [the district’s] unique crime problems and issues,” the report notes, singling out her deft handling of “violent crimes in Indian Country.” And it praises the “management principles applied in your district,” resulting in “high quality work from your personnel.” [US House of Representatives, Committee on the Judiciary, 5/21/2007]

Entity Tags: US Department of Justice, Margaret M. Chiara

Timeline Tags: Civil Liberties

Leslie Hagen.Leslie Hagen. [Source: MLive (.com)]Rumors begin swirling around the office of US Attorney Margaret Chiara of the Western District of Michigan (see November 2, 2001) that Chiara is having an untoward sexual relationship with a female Assistant US Attorney (AUSA), and as a result that AUSA is being given undue monetary awards, bonuses, and other incentives. These rumors will soon make their way to the Justice Department in Washington. The primary sources of the rumors are Joan Meyer, Chiara’s criminal chief, and her husband Lloyd Meyer, another AUSA. The AUSA in question, who will remain unnamed in a Justice Department investigation of the 2006 US Attorney purge (see December 7, 2006 and September 29, 2008) but is later identified in the press as Leslie Hagen, was hired in October 2002. She and Chiara were friends before the hiring, both having been female prosecutors, and according to Chiara, their friendship deepened once Hagen began working in the office. Both will deny having any sort of romantic or sexual liaison. Hagen is assigned to work with Joan and Lloyd Meyer in the criminal division. When she joined the staff, Hagen lived in the eastern part of the state, and had a long drive to and from work. Occasionally she stayed overnight in a basement apartment in Chiara’s house in Lansing to cut down on the commute. She obtained her own apartment in 2003, but sometimes stayed at Chiara’s house to take care of Chiara’s dog when Chiara was out of town. Chiara will confirm that Hagen is the only one of her employees to ever stay overnight at her home. Both Chiara and Hagen will confirm that they occasionally traveled together on business relating to Chiara’s position on the Native American Issues Subcommittee of the Attorney General’s Advisory Committee (AGAC). They took a vacation day during one such trip in Seattle, and Hagen has stayed at Chiara’s house in South Carolina on a few occasions. In mid-July 2004, Chiara was given her first EARS (Evaluation and Review Staff) performance evaluation, a mandated Justice Department review (see July 12-16, 2004). A First Assistant US Attorney (FAUSA) from another office headed the evaluation team. He and his team extensively interviewed almost all of Chiara’s staff. The review was generally positive, but the FAUSA will later recall hearing a vague rumor about a liaison between Chiara and an AUSA. He did not report it on his evaluation, but he may, he will later recall, have told the EARS staff in the Executive Office of US Attorneys (EOUSA) in Washington about it. Lloyd Meyer will admit to telling the rumor to the EARS team, and he will state that many AUSAs had told the EARS team the same rumor. The EARS team heard several complaints about inequitable distribution of awards and incentives, some centering on Hagen. The EARS team leader reviewed the awards and found them justified. Chiara’s FAUSA, Phillip Green, will tell Justice Department investigators that the rumors about Chiara and Hagen begin to permeate the office in the fall of 2004, and says Joan and Lloyd Meyer are primarily responsible for them. According to Green, Lloyd Meyer “went ballistic” after nominating himself for a EOUSA award and losing it—by an EOUSA decision—to Hagen. Green is certain Meyer began spreading the rumors after losing the award and telling staff members that Chiara “pulled strings” at EOUSA to make sure Hagen received the award. Hagen will say it is about this time that Meyer begins a “campaign” to drive her out of the office. Joan Meyer, Green will say, is going along with her husband, who is the primary source of the rumors, though she believes the rumors as well. When the Justice Department investigators interview Joan Meyer, she will admit to having no direct knowledge of any affair, but will cite the fact that the two drove to and from work together and she had “been noticing situations,” “putting two and two together,” “talking to people,” and the like. Joan Meyer complains to Green that Hagen had won a “huge award” of some $20,000, a complaint Green will say is entirely false. Chiara changed the bonus award process in the spring to give bonuses only to employees who received “outstanding” performance evaluations for the previous year, shutting some staff members out of the bonus process and fueling the perception among some that the bonuses were being awarded unfairly. An allegation in December 2004 that Chiara unfairly gave Hagen a time-off award fuels the rumors in the office even more; the award comes after Hagen completes an arduous trial, and her colleagues in the trial also receive time-off awards. Other rumors, such as that Chiara unfairly gives Hagen the “lion’s share” of bonus money, prove false upon Justice Department review of the office financial records. Moreover, Green, not Chiara, makes the bonus determinations. Jane Meyer confronts Chiara over the rumors of her “relationship” with Hagen in early 2005, shortly after Chiara elevates her to criminal chief. Chiara answers that she has no business asking her such questions, that it would be impossible for her to properly supervise Hagen if they were in a relationship, and the question is irrelevant to the business of the office. Chiara will say that by the middle of 2005, the Meyers have created a “reign of terror” in the office to the point where the office is a “disaster.” Lloyd Meyer is detailed to a position in the Justice Department’s Office of Legal Policy in June 2005, blaming Chiara for creating an “intolerable” climate in the office (see September 2005). In October 2005, Hagen is detailed to a position in EOUSA. The false rumors and allegations will become part of the basis for Chiara’s firing in December 2006. [Los Angeles Times, 7/29/2008; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Lloyd Meyer, Executive Office for US Attorneys (DOJ), Leslie Hagen, Phillip Green, US Department of Justice, Margaret M. Chiara, Joan Meyer

Timeline Tags: Civil Liberties

Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), sends a list of the 93 current US Attorneys to White House counsel Harriet Miers. Each US Attorney is listed in either plain type, boldface, or “strikeout,” meaning a line is drawn through their name. In a follow-up email on March 2, Sampson explains that, “putting aside expiring terms, the analysis on the chart I gave you is as follows:
Bold - “Recommend retaining; strong US Attorneys who have produced, managed well, and exhibited loyalty to the president and attorney general.
Strikeout - “Recommend removing; weak US Attorneys who have been ineffectual managers and prosecutors; chafed against administration initiatives, etc.
Nothing - “No recommendation; not distinguished themselves either positively or negatively.”
On the copy of the chart released to the House Judiciary Committee in 2009, most of the US Attorneys’ names are redacted. The ones who are not redacted are listed as follows:
bullet Paul K. Charlton, Arizona (see November 14, 2001 and December 2003): nothing;
bullet Bud Cummins, Eastern Arkansas (see January 9, 2002 and April or August 2002): strikeout.
bullet Debra W. Yang, Central California: boldface.
bullet Kevin Ryan, Northern California (see August 2, 2002 and February 2003): nothing. (Ryan’s name is in a different font than the others, suggesting that it has been re-entered; it is difficult to tell from the copy of Sampson’s chart if his name is in boldface or not.)
bullet Carol C. Lam, Southern California (see November 8, 2002 and February 7-11, 2005): strikeout.
bullet Patrick Fitzgerald, Northern Illinois (see October 24, 2001): nothing.
bullet Margaret M. Chiara, Western Michigan (see November 2, 2001 and July 12-16, 2004): strikeout.
bullet Thomas B. Heffelfinger, Minnesota: strikeout.
bullet Dunn O. Lampton, Southern Mississippi: strikeout.
bullet Todd P. Graves, Missouri (see October 11, 2001 and March 2002): nothing.
bullet Daniel G. Bogden, Nevada (see November 2, 2001 and February 2003): nothing.
bullet Christopher J. Christie, New Jersey (see December 20, 2001): boldface.
bullet David C. Iglesias, New Mexico (see October 18, 2001 and 2002): boldface.
bullet Anna Mills S. Wagoner, Central North Carolina: strikeout.
bullet Mary Beth Buchanan, Western Pennsylvania: boldface.
bullet John McKay Jr., Western Washington (see October 24, 2001 and May 2002): strikeout.
bullet Steven M. Biskupic, Wisconsin: strikeout.
bullet Thomas A. Zonay, Vermont: boldface.
On March 2, Sampson sends an email to Miers indicating some revisions to the chart. Heffelfinger and Biskupic have their statuses changed to “strikeout” (referenced above), and Matt Orwig, the US Attorney for the Eastern District of Texas, is listed in boldface. Miers, a Texas native, responds, “Good to hear about Matt actually.” Sampson replies, somewhat cryptically and with careless punctuation and capitalization: “yes he’s good. oversight by me.” [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, Carol C. Lam, Matt Orwig, Steven M. Biskupic, Thomas A. Zonay, Thomas B. Heffelfinger, Todd P. Graves, Mary Beth Buchanan, Anna Mills S. Wagoner, Alberto R. Gonzales, Margaret M. Chiara, Paul K. Charlton, John L. McKay, D. Kyle Sampson, Kevin J. Ryan, Christopher J. (“Chris”) Christie, Daniel G. Bogden, Debra Wong Yang, David C. Iglesias, Harriet E. Miers, Dunn O. Lampton, House Judiciary Committee, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

Justice Department official Kyle Sampson (see 2001-2003), now the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005) as well as the Special Assistant US Attorney for the Eastern District of Virginia, sends an email to Gonzales’s successor, senior White House counsel Harriet Miers. Sampson is responding to a late February request for recommendations for firing US Attorneys in case the White House decides to ask for resignations from a “subset” of those officials (see February 24, 2005 and After). In the email, Sampson ranks all 93 US Attorneys, using a set of three broad criteria. Strong performers exhibit “loyalty to the president and attorney general” (see January 9, 2005). Poor performers are, he writes, “weak US Attorneys who have been ineffectual managers and prosecutors, chafed against administration initiatives, etc.” A third group is not rated at all. US Attorney David Iglesias of New Mexico (see October 18, 2001, 2002 and November 14-18, 2005 ) and Kevin Ryan of the Northern District of California (see August 2, 2002) appear on the list as “recommended retaining.” Gonzales has approved the idea of firing some of the US Attorneys.
Denoted for Firing - US Attorneys listed for possible firing are: David York of the Southern District of Alabama; H.E. “Bud” Cummins of the Eastern District of Arkansas (see January 9, 2002 and April or August 2002); Carol Lam of the Southern District of California (see November 8, 2002); Greg Miller of the Northern District of Florida; David Huber of the Western District of Kentucky; Margaret Chiara of the Western District of Michigan (see November 2, 2001); Jim Greenlee of the Northern District of Mississippi; Dunn O. Lampton of the Southern District of Mississippi; Anna Mills S. Wagoner of the Middle District of North Carolina; John McKay of the Western District of Washington state (see October 24, 2001, Late October 2001 - March 2002, and January 4, 2005); Kasey Warner of the Southern District of West Virginia; and Paula Silsby of Maine. Sampson sends a revised listing later this evening with two more names indicated for possible firing: Thomas B. Heffelfinger of Minnesota and Steven Biskupic of the Eastern District of Wisconsin. Sampson says he based his choices on his own personal judgments formed during his work at the White House and the Justice Department, and on input he received from other Justice Department officials. He will later testify that he cannot recall what any specific official told him about any specific US Attorney. He will call this list a “quick and dirty” compilation and a “preliminary list” that would be subject to “further vetting… down the road” from department leaders. [US Department of Justice, 2005 pdf file; US Department of Justice, 2/15/2005; Washington Post, 3/12/2007; US Department of Justice, 3/13/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Days later, a Federalist Society lawyer will email Mary Beth Buchanan, the director of the Executive Office of US Attorneys, with a recommendation for Lam’s replacement (see March 7, 2005).
Later Recollections - In the 2008 investigation of the US Attorney firings by the Justice Department’s Office of the Inspector General (see September 29, 2008), Gonzales will tell investigators that he supported the concept of evaluating the US Attorneys’ performance to see “where we could do better.” Gonzales will say that he instructed Sampson to consult with the senior leadership of the Justice Department, obtain a consensus recommendation as to which US Attorneys should be removed, and coordinate with the White House on the process. Gonzales will say that he never discussed with Sampson how to evaluate US Attorneys or what factors to consider when discussing with department leaders which US Attorneys should be removed. Sampson will say that he did not share the list with Gonzales or any other department officials, but will say he believes he briefed Gonzales on it. Gonzales will say he recalls no such briefing, nor does he recall ever seeing the list. Then-Deputy Attorney General James Comey and then-Associate Deputy Attorney General David Margolis will tell OIG investigators about their discussions with Sampson. Comey will recall telling Sampson on February 28, 2005 that he felt Ryan and Lampton belonged in the “weak” category, and will say he may have denoted Heffelfinger and another US Attorney, David O’Meilia, as “weak” performers. Comey will say that he was not aware of Sampson’s work with the White House in compiling a list of US Attorneys to be removed. He will say that he considered his conversation with Sampson “casual” and that Sampson “offhandedly” raised the subject with him. Margolis will recall speaking briefly with Sampson about “weak” performers among the US Attorneys in late 2004 or early 2005, but recall little about the conversation. He will remember that Sampson told him about Miers’s idea of firing all 93 US Attorneys (see November 2004), and agreed with Sampson that such a move would be unwise. Margolis will recall Sampson viewing Miers’s idea as a way to replace some US Attorneys for President Bush’s second term, an idea Margolis will say he endorsed. He was not aware that political considerations may be used to compile a list of potential firings. He will recall looking at a list Sampson had of all 93 Attorneys. He will remember citing Ryan and Lampton as poor performers, as well as Chiara. He will remember saying that eight other US Attorneys might warrant replacement. Sampson will tell OIG investigators that he received no immediate reaction from Miers to the list, and will say he did not remember discussing the basis for his recommendations with her. As for McKay, though Washington state Republicans are sending a steady stream of complaints to the White House concerning McKay’s alleged lack of interest in pursuing voter fraud allegations (see December 2004, Late 2004, Late 2004 or Early 2005, January 4, 2005, and January 4, 2005), Sampson will claim to be unaware of any of them and say he would not have used them as justification to advocate for McKay’s termination. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Carol C. Lam, Kevin Ryan, Anna Mills S. Wagoner, Margaret M. Chiara, Bush administration (43), Paula Silsby, Steven M. Biskupic, Alberto R. Gonzales, US Department of Justice, Thomas B. Heffelfinger, John L. McKay, Jim Greenlee, Mary Beth Buchanan, Harriet E. Miers, James B. Comey Jr., David C. Iglesias, D. Kyle Sampson, David Huber, David Margolis, Kasey Warner, David York, David O’Meilia, Executive Office for US Attorneys (DOJ), Greg Miller, Dunn O. Lampton, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

Brent Ward, a former US Attorney who now heads the Justice Department’s Obscenity Prosecution Task Force, meets with two senior members of US Attorney Daniel Bogden’s staff (see November 2, 2001) to discuss obscenity prosecutions. Ward’s task force focuses on what are sometimes called “adult obscenity cases,” which do not involve children nor allegations that anyone was coerced into taking part in the activities alleged to be obscene. The activities Ward pursues are strictly consensual acts performed by adults. Because of its small size, it requires the assistance of US Attorneys to pursue and prosecute offenders. Ward’s task force has had significant difficulties getting assistance from many US Attorneys, who have informed Ward that their offices have higher-priority cases than those he is pursuing. Ward often claims that Attorney General John Ashcroft, and later Attorney General Alberto Gonzales, have made “adult obscenity” cases a priority for the department, but at the same time he has registered strong complaints that such prosecutions are not a department priority. Ward receives a similar reception from Bogden’s staffers, who tell him that their office has no interest in pursuing such cases in Nevada. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Brent Ward, Alberto R. Gonzales, John Ashcroft, Obscenity Prosecution Task Force, Daniel G. Bogden

Timeline Tags: Civil Liberties

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