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Profile: Todd P. Graves
Todd P. Graves was a participant or observer in the following events:
Todd Graves. [Source: BlogCCP (,com)]Todd Graves is sworn in as the US Attorney for the Western District of Missouri. [Talking Points Memo, 2011] Graves is an experienced prosecutor. He was sponsored by his home-state senator, Christopher “Kit” Bond, as is usually the case with prosecutors considered for appointments to US Attorney positions. 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]
Newly appointed US Attorney Todd Graves of Missouri (see October 11, 2001), already a co-chair of the Child Exploitation Subcommittee of the Attorney General’s Advisory Committee, and his office are subjected to a periodic Evaluation and Review Staff (EARS) evaluation by the Justice Department, and do very well. The EARS report finds that Graves is well regarded and respected by community leaders, agency personnel, and a majority of the federal judges in the district. The report finds that “the perception of the USAO [US Attorney’s Office] staff as to his performance is positive, even in this early stage of his tenure.” Graves is not slated for another review for four years, but by that point he will have been fired (see March 10, 2006). [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
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
Jack Bartling, the legal counsel for Senator Christopher “Kit” Bond (R-MO), calls the White House Counsel’s Office (WHCO) several times to demand that the US Attorney for the Western District of Missouri, Todd Graves (see October 11, 2001), be fired. Graves’s single performance review by the Justice Department was excellent (see March 2002), and Bartling’s complaints are not performance-related. Bartling speaks to associate White House counsel Grant Dixton on numerous occasions demanding that Graves be fired. Bartling will speak to Justice Department investigators looking into the 2006 US Attorney purge (see September 29, 2008), and will say that Bond had nothing to do with his efforts to get Graves fired; instead, Bartling will characterize the problem as a “staff issue” being handled by himself and Bond’s chief of staff. Bartling will claim to have never discussed the matter with Bond, as it would have been beneath Bond’s position as “undisputed leader of the Republican congressional delegation in Missouri” to become involved in such a matter. Bartling will say that the demands for Graves’s removal are actually sparked by discord between the staffs of Bond and US Representative Sam Graves (R-MO), Todd Graves’s brother. Representative Graves’s office does “not run business” in a manner the Bond’s staff finds acceptable. Bartling will say that they asked Todd Graves to try to control his brother, but the US Attorney chose not to become involved in the dispute. Bartling will say he raises the issue of Todd Graves’s wife accepting a no-bid contract from Governor Roy Blunt (R-MO) that he says poses a potential conflict of interest for Graves (see February - April 2005). Dixton is the only person in the WHCO who will cooperate with the Justice Department investigation, and he will confirm speaking to Bartling about Graves. According to Dixton, Bartling wants to see Graves removed when Graves’s term of office expires in October 2005. Dixton will say that he cannot recall clearly, but he likely brought the matter to the attention of Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), and to deputy White House counsel William Kelley. Dixton, however, will say that he only spoke to Bartling once, and does not remember speaking to Bartling about Graves’s wife. The Justice Department investigators will determine that Bartling likely spoke to associate White House counsel Richard Klingler as well as Dixton, but Klingler will refuse to cooperate with the investigation. [US Department of Justice, Office of the Inspector General, 9/29/2008] The matter will be referred to the Justice Department (see Summer - Fall 2005).
Entity Tags: Jack Bartling, Christopher (“Kit”) Bond, Grant Dixton, White House Counsel’s Office, William Kelley, D. Kyle Sampson, Richard Klingler, Roy Blunt, US Department of Justice, Todd P. Graves, Sam Graves
Timeline Tags: Civil Liberties
The complaints against US Attorney Todd Graves of Missouri from Jack Bartling, the legal counsel for Senator Christopher Bond (R-MO—see Spring 2005), make their way to the Justice Department. Bartling, who later cooperates with the Justice Department investigators looking into the 2006 US Attorney purge (see September 29, 2008), says he understood from his conversations with officials in the White House Counsel’s Office that the matter is now in the hands of the Justice Department. Moreover, Bartling goes to Washington to interview for a position in the Office of the Deputy Attorney General in the fall of 2005, and during the interview process speaks to Michael Elston, the chief of staff to Deputy Attorney General Paul McNulty. Elston asks Bartling if Bond is still interested in removing Graves from his position. Elston will also speak to the investigators, and will tell them that he learned that Graves had lost Bond’s support from Bond’s staff, and not from someone in the Justice Department. Elston will also say that he did not discuss with Bartling the reasons why Graves should be fired, but he knows enough about the discord between the Bond staff and the staff of US Representative Sam Graves (R-MO), Todd Graves’s brother, to make some assumptions about the reason for the request. Elston will say he does not bring the matter to the attention of McNulty or anyone else in the department. [US Department of Justice, Office of the Inspector General, 9/29/2008]
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