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a.k.a. Bud Cummins
H.E. “Bud” Cummins III is sworn in as the US Attorney for the Eastern District of Arkansas. (Thomas 2011) He actually took office on December 20, 2001. Cummins is not an experienced prosecutor, but is primarily a private law practitioner. He has clerked for several judges, and was the senior legal counsel for Governor Mike Huckabee (R-AR) between 1997 and 1998. In 2000, he served as a counsel for the Bush-Cheney presidential campaign. He was recommended for the position of US Attorney by Senator Tim Hutchinson (R-AR). (US Department of Justice, Office of the Inspector General 9/29/2008) 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)
Bud Cummins, the newly installed US Attorney for the Eastern District of Arkansas (see January 9, 2002), does well in his first Evaluation and Review Staff (EARS) evaluation by the Justice Department. He is described as highly regarded by the judiciary in his district as well as by law enforcement, civil client agencies, and his office personnel. (US Department of Justice, Office of the Inspector General 9/29/2008) The 2005 evaluation of Cummins and his office will indicate that the first evaluation was performed in August 2002, not April. (US House of Representatives, Committee of the Judiciary 4/13/2007 ) A follow-up letter recognizes Cummins for effectively implementing the department’s national priorities, his office’s work in anti-terrorism initiatives, and its success in prosecuting firearms-related cases. Cummins and his office receive praise for working to combat child pornography and health care fraud. Cummins is lauded for his effective management techniques. (US House of Representatives, Committee on the Judiciary 5/21/2007)
US Attorney Bud Cummins of the Eastern District of Arkansas writes a letter of appreciation to Timothy Griffin, the research director and deputy communications director of the Republican National Committee. Griffin recently served as a Special Assistant US Attorney in Cummins’s office. Cummins writes that “you performed at the highest level of excellence during your time here… served the office extremely well,” and “indicted more people during your time here than any other AUSA. You were a real workhorse, and the quality of your work was excellent.” He praises Griffin for planning, organizing, and implementing “an awesome” Project Safe Neighborhoods (PSN) program, a Justice Department initiative focused on reducing gun violence in American communities. “I am not aware of a better PSN program in the country,” he writes. “You should be pleased to know that our PSN program was highly recognized and commended in a recent department evaluation” (see April or August 2002). (US House of Representatives, Committee on the Judiciary 5/21/2007 )
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:
Paul K. Charlton, Arizona (see November 14, 2001 and December 2003): nothing;
Bud Cummins, Eastern Arkansas (see January 9, 2002 and April or August 2002): strikeout.
Debra W. Yang, Central California: boldface.
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.)
Carol C. Lam, Southern California (see November 8, 2002 and February 7-11, 2005): strikeout.
Patrick Fitzgerald, Northern Illinois (see October 24, 2001): nothing.
Margaret M. Chiara, Western Michigan (see November 2, 2001 and July 12-16, 2004): strikeout.
Thomas B. Heffelfinger, Minnesota: strikeout.
Dunn O. Lampton, Southern Mississippi: strikeout.
Todd P. Graves, Missouri (see October 11, 2001 and March 2002): nothing.
Daniel G. Bogden, Nevada (see November 2, 2001 and February 2003): nothing.
Christopher J. Christie, New Jersey (see December 20, 2001): boldface.
David C. Iglesias, New Mexico (see October 18, 2001 and 2002): boldface.
Anna Mills S. Wagoner, Central North Carolina: strikeout.
Mary Beth Buchanan, Western Pennsylvania: boldface.
John McKay Jr., Western Washington (see October 24, 2001 and May 2002): strikeout.
Steven M. Biskupic, Wisconsin: strikeout.
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 )
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 ; US Department of Justice 2/15/2005; Eggen and Solomon 3/12/2007; US Department of Justice 3/13/2007 ; US Department of Justice, Office of the Inspector General 9/29/2008; Thomas 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)
Timothy Griffin, a former Republican National Committee aide and a veteran Republican political operative (see October 26, 2004), learns that Kyle Sampson, deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), has identified the US Attorney for Eastern Arkansas, Bud Cummins, as one of several US Attorneys who should be fired (see January 9, 2005 and March 2, 2005). Griffin, a lawyer who has twice attempted to secure that position for himself, learns of the news from Sara Taylor, the White House’s new director of political affairs (replacing Karl Rove, who still supervises all political issues from his new position as deputy chief of staff—see Late January 2005). Griffin is considering joining Taylor’s staff, but even before his hiring, he attends several “directors” meetings at the White House. After one of these meetings, Taylor shows him the list of US Attorneys slated for dismissal. The list includes Cummins. Taylor says she does not know why Cummins is on the list, but she believes it may be because he lost his sponsor, Senator Tim Hutchinson (R-AR), when Hutchinson lost his bid for re-election in 2002. Griffin joins Taylor’s staff, and shortly thereafter meets with White House counsel Harriet Miers, who also tells him that the White House is planning to fire Cummins. She asks Griffin if he is interested in the position, and he says he would like the job after completing a stint in the White House. Miers warns him that it might be difficult to have him approved for the position after having worked for the White House Office of Political Affairs. Miers, Rove, and Taylor discuss Griffin’s employment options through the rest of March. Miers tells Rove that she has considered making Griffin a political appointee in one of the two US Attorneys’ offices in Arkansas, or perhaps having Griffin replace the deputy director of the Office of Legal Policy at the Justice Department. Rove responds, “What about him for the US Attorney for the Eastern District of Arkansas?” Miers replies that such a move is “definitely a possibility” because the current US Attorney, Cummins, is going to be replaced. Miers tells Rove that Griffin has spoken with her about his desire for the slot, but for now he wants to stay with the White House. Taylor responds to the exchange by saying in part, “My fear is they end up putting him [Griffin] at Justice (which he does not want to do); it’s a year before he’s made US Attorney, if ever.” In another email, Taylor writes to Rove that Griffin “would love to be US Attorney—he’d love to come here in the meantime.” Griffin accepts the position of deputy director of political affairs at the White House, promising Taylor that he will stay in the position at least after the November 2006 election unless the US Attorney position opens up before then. For his part, Cummins, who is toying with the idea of leaving the position, speaks with Griffin periodically throughout the year about Griffin taking the position after Cummins resigns. Cummins will later say that he always assumed the choice as to if and when to resign would be his, and that he always assumed Griffin would get the job because he is so well connected politically. Griffin later says he never pushed Cummins to leave, but will tell Justice Department investigators (see September 29, 2008), “I was laying low.” Griffin will say that to his mind, Cummins’s removal and his own ascension to the post were two separate things. “I didn’t know why he was being fired,” Griffin will say, “but I knew that if he was going to be fired, then I wanted to be considered for that job.” Griffin, a member of the Army Reserve, will leave his White House position in August 2005 to serve as a Judge Advocate General officer in Iraq, and will stay in close contact with officials in both the White House and the Justice Department throughout his yearlong tour of duty. (US Department of Justice, Office of the Inspector General 9/29/2008)
Bud Cummins, US Attorney for the Eastern District of Arkansas (see January 9, 2002), does well in his second Evaluation and Review Staff (EARS) evaluation by the Justice Department. As with his first EARS evaluation (see April or August 2002), he is described as highly regarded by the judiciary in his district as well as by law enforcement, civil client agencies, and his office personnel. The current EARS evaluation reports that Cummins and his senior management team “effectively managed the office’s operations and personnel.” Under Cummins, the report says, his office has “established strategic goals that were appropriate to meet the priorities of the department and the needs of the district.” Cummins is involved in the day-to-day management of his office, and is active in Justice Department matters, serving on various Attorney General Advisory Committee subcommittees. Cummins also receives high marks for his office’s anti-terrorism, anti-drug, and reduction of gun violence programs. The office focuses strongly on public corruption cases involving state legislators. Cummins is doing a good job of incorporating a number of new and inexperienced assistants into his staff of “very experienced” assistants, though the report recommends that he consider selecting either “a deputy criminal chief, or the creation of units with lead attorneys to assist the criminal chief in the management of the workload and personnel.” The report also finds some incorrect data entries in the Legal Information Office Network System (LIONS). (US House of Representatives, Committee of the Judiciary 4/13/2007 ; US Department of Justice, Office of the Inspector General 9/29/2008) Cummins will be fired shortly after this evaluation is performed (see December 20, 2006). He has already been identified as a target for removal by Justice Department aide Kyle Sampson (see January 9, 2005). All of the US Attorneys on Sampson’s list of targets are described as “weak US Attorneys who have been ineffectual managers and prosecutors, chafed against administration initiatives, etc.”
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