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March 16, 2007

Bush Necessarily Implicated?

-- by Dave Johnson

This KOS diary brings up a very interesting fact: ONLY the President can fire US Attorneys. But Bush has denied making specific recommendations.

From the diary,

President Bush made "no recommendations on specific individuals," Snow said. "We don't have anything to indicate the president made any calls on specific us attorneys."

On Monday, White House spokeswoman Dana Perino acknowledged that complaints about the job performance of prosecutors occasionally came to the White House and were passed on to the Justice Department, perhaps including some informally from Bush to Gonzales.

But, also from the diary,
28 U.S.C.541 provides as follows:

Sec. 541. United States attorneys

(a) The President shall appoint, by and with the advice and consent
of the Senate, a United States attorney for each judicial district.
(b) Each United States attorney shall be appointed for a term of
four years. On the expiration of his term, a United States attorney
shall continue to perform the duties of his office until his successor
is appointed and qualifies.
(c) Each United States attorney is subject to removal by the
President.

So either Bush fired them, or they were fired illegally.

Posted by Dave Johnson at March 16, 2007 7:51 PM

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