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Profile: Mary Beth Buchanan
Mary Beth Buchanan was a participant or observer in the following events:
The chief judge for the US District Court for the Northern District of California sends news articles about US Attorney for the Northern District of California Kevin Ryan (see August 2, 2002) to Associate Deputy Attorney General David Margolis. For some time, San Francisco newspapers have reported on turmoil and turnover in Ryan’s office, with several experienced prosecutors leaving, allegedly due to Ryan’s management style. The judge complains to Margolis about Ryan’s leadership style. Margolis discusses the situation with Mary Beth Buchanan, the head of the Executive Office of US Attorneys, and they decide to discuss the issue with Ryan. However, they take no immediate action. [US Department of Justice, Office of the Inspector General, 9/29/2008] Buchanan will later say: “The United States Attorney’s Office for the Northern District of California had a long history of problems. The problems in the office predated Kevin Ryan’s tenure as the United States Attorney. Shortly after Kevin Ryan became the United States Attorney, there were discussions about his management style. I don’t recall exactly when these communications came to the attention of the Executive Office. What I can tell you is that, at some point, these communications escalated, and there were letters that were sent to the deputy attorney general, there were numerous newspaper articles that appeared in the press. And after the escalation of these concerns, I meet [sic] with Kevin Ryan and his first assistant along with David Margolis in an attempt to address some of the management concerns.… I know that Kevin Ryan had a number of significant computer crime and intellectual property cases, so I think that there were certainly good things that were done in Mr. Ryan’s office.” [US House of Representatives, Committee on the Judiciary, 6/15/2007 ]
The Justice Department’s White House liaison, Susan Richmond, sends an email to all of the department’s presidentially appointed officials, including US Attorneys, reassuring them that the newly re-elected President Bush “will not ask for letters of resignation.” Many had requested clarification as to whether they would be asked to remain or resign during Bush’s second term. Richmond reminds the recipients that “each of us serves at the pleasure of the president.” It is around this same time that Justice Department lawyer Kyle Sampson (see 2001-2003) becomes involved in discussions with White House counsel Harriet Miers about firing all 93 US Attorneys (see November 2004). Sampson tells Miers that firing all 93 US Attorneys may not be a good idea, and the US Attorneys have an expectation of serving their statutory four-year terms, which do not begin to expire until the fall of 2005. [US Department of Justice, Office of the Inspector General, 9/29/2008] Notwithstanding the reassurance, Mary Beth Buchanan, the head of the Executive Office for US Attorneys, begins circulating forms for resignation to the US Attorneys. She will later explain, “At the end of the first administration, I was asked to provide United States attorneys with guidance for those who wished to resign at the end of the first administration.” [US House of Representatives, Committee on the Judiciary, 6/15/2007 ]
The latest of several experienced prosecutors quits his job at the office of US Attorney Kevin Ryan of the Northern District of California (see August 2, 2002). The prosecutor sends an office-wide “open letter” to Ryan complaining about long-standing morale and attrition problems, and credits Ryan’s poor management style with creating the issue. The letter is quickly forwarded to staff members in other US Attorneys’ offices, and to the Executive Office for US Attorneys (EOUSA) in the Justice Department. Complaints about Ryan have already been forwarded to the EOUSA (see Fall 2004). The chief judge in Ryan’s district, who made the earlier complaint, sends Associate Deputy Attorney General David Margolis the open letter and asks him to consider the issue. Margolis and EOUSA chief Mary Beth Buchanan schedule a meeting with Ryan and his First Assistant US Attorney for March 21. Margolis will later say of the meeting that he “read [Ryan] the riot act” about the issues in his office, and suggests that Ryan should ask the Justice Department to undertake a special review of his management issues. Margolis will later say that Ryan does not request such a review. [US Department of Justice, Office of the Inspector General, 9/29/2008]
Carol Lam, the US Attorney (USA) for Southern California (see November 8, 2002), undergoes an Evaluation and Review Staff (EARS) performance review undertaken by the Justice Department. Lam does well in the review. The review finds that she is “an effective manager… respected by the judiciary, law enforcement agencies, and the USAO [office] staff.” The review does note concerns about her office’s prosecution of firearms and immigration cases. The report states: “The USAO intake and initial processing of criminal cases worked smoothly except for firearms cases.… The number of firearms cases prosecuted by the USAO was well below the national average and well below the average of other USAOs in California.… [T]he number of immigration cases handled per AUSA [Assistant US Attorney] work year was statistically lower than the immigration cases handled per AUSA work year in the other Southwest Border USAOs.” The head of the Executive Office for US Attorneys, Mary Beth Buchanan, will write in a follow-up letter to the EARS review, “Your report makes clear the emphasis you have put on carrying out department priorities and maintaining a solid management practice.” [US House of Representatives, Committee on the Judiciary, 6/15/2007 ; US Department of Justice, Office of the Inspector General, 9/29/2008]
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 ]
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
Deputy Attorney General James Comey expresses his concerns with US Attorney Kevin Ryan (see Fall 2004 and January 31 - March 21, 2005) to Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005) and the person in charge of the Justice Department’s planned purge of US Attorneys. On his initial list of US Attorneys, Sampson labeled Ryan as “strong” and did not list him as ripe for ousting (see January 9, 2005 and March 2, 2005). Comey tells Sampson that he considers Ryan a weak performer based on the documented morale problems in the office. Other Justice Department officials such as Associate Deputy Attorney General David Margolis and Executive Office for US Attorneys chief Mary Beth Buchanan share similar concerns with Sampson around this time. Comey tells Sampson that he knows Buchanan’s office is concerned about Ryan and is working with Margolis to address the problems. [US Department of Justice, Office of the Inspector General, 9/29/2008]
Missouri Governor Matt Blunt (R-MO) awards a no-bid contract to Tracy Graves, the wife of US Attorney Todd Graves (see October 11, 2001), to manage a motor vehicle license office near Kansas City. In Missouri, license agents are independent contractors who receive a portion of the fees their offices collect. On March 1, Cory Dillon, the executive director of the Missouri Democratic Party, urges Attorney General Alberto Gonzales to fire Graves based on his wife’s acceptance of the contract. Dillon points out that in addition to Tracy Graves, her brother and two staff members from the office of Representative Sam Graves (R-MO), Todd Graves’s brother, have also been awarded similar contracts. The Kansas City Star reports on Dillon’s letter to Gonzales on March 2, and the day after runs an editorial accusing Todd Graves of a “clear conflict of interest” if he is ever led to investigate the Blunt administration. Gonzales’s chief of staff, Kyle Sampson, refers the matter to Chuck Rosenberg, the chief of staff to Deputy Attorney General Paul McNulty. Sampson’s March 16 email to Rosenberg indicates that the White House is interested in the matter, and has asked, ”(1) whether we have looked into the allegations made against Graves… and (2) what our conclusion is, i.e., whether we are comfortable that he doesn’t have any legal or ethical issues.” The matter is referred by Associate Deputy Attorney General David Margolis to the Executive Office for US Attorneys (EOUSA), which in turn refers the matter to the Office of the Inspector General (OIG). That office, after reviewing the matter and consulting with Margolis, decides not to open an investigation. On April 8, Margolis informs Graves that he has “determined that there is no existing conflict of interest that requires further action at this time.” Graves will tell Justice Department investigators probing the 2006 US Attorney purge (see September 29, 2008) that he himself had brought the Dillon complaint to the attention of EOUSA Director Mary Beth Buchanan after reading about it on the Internet. He considers the allegations groundless. He will say that at no time did anyone in the Justice Department ever raise any questions concerning the propriety of his wife’s contract, or allege that her contract put his position as US Attorney in jeopardy. And, he will state, no Justice Department official ever raised concerns with him about his performance (see March 2002). However, Principal Assistant Deputy Attorney General William Mercer will later recall Sampson voicing “real concerns” about the contract because, Mercer will say, Sampson feels it does not reflect well on the US Attorney’s office. Margolis will speculate that this issue is what prompts Sampson to put Graves on the list of US Attorneys he feels should be fired (see January 1-9, 2006), though he will say he cannot be sure because he never spoke to Sampson about it. Sampson does not express any such concerns in his email to Rosenberg. When investigators ask Sampson about the matter, he will claim memory loss, saying he has no recollection of being involved in any way with Graves’s firing. As the investigators will write, “Sampson also did not express any consternation about the license fee contract matter to us during his interview, and he essentially disclaimed any responsibility for requesting Graves’s resignation.” [US Department of Justice, Office of the Inspector General, 9/29/2008] During this time, the legal counsel for Senator Christopher “Kit” Bond (R-MO), Jack Bartling, will issue repeated demands to the White House that Graves be fired, in part because of Tracy Graves’s contract but largely because of conflicts between the offices of Bond and Sam Graves (see Spring 2005).
Entity Tags: Cory Dillon, Todd P. Graves, Tracy Graves, US Department of Justice, William W. Mercer, Alberto R. Gonzales, Chuck Rosenberg, Paul J. McNulty, Sam Graves, Christopher (“Kit”) Bond, Office of the Inspector General (DOJ), David Margolis, D. Kyle Sampson, Executive Office for US Attorneys (DOJ), Missouri Democratic Party, Kansas City Star, Matt Blunt, Jack Bartling, Mary Beth Buchanan
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 ; US Department of Justice, 2/15/2005; Washington Post, 3/12/2007; US Department of Justice, 3/13/2007 ; 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
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