Residency Clause Adds Fuel To Dispute Over U.S. Attorneys
One Prosecutor Gets an Exemption, Another Gets Fired
On Nov. 10, 2005, Attorney General Alberto R. Gonzales sent a letter to a federal judge in Montana, assuring him that the U.S. attorney there, William W. Mercer, was not violating federal law by spending most of his time in Washington as a senior Justice Department official.
That same day, Mercer had a GOP Senate staffer insert into a bill a provision that would change the rules so that federal prosecutors could live outside their districts to serve in other jobs, according to documents and interviews
Congress passed the provision several months later as part of the USA Patriot Act reauthorization bill, retroactively benefiting Mercer and a handful of other senior Justice officials who pull double duty as U.S. attorneys and headquarters officials. Justice officials say the measure was a necessary clarification to ensure that prosecutors could fill temporary postings in Washington, Iraq and elsewhere, and that it also applies to assistant U.S. attorneys.
But the episode, which received little notice at the time, provides another example in which Gonzales's statements appear to conflict with simultaneous actions by his aides in connection with U.S. attorney policies. Lawmakers investigating the department's handling of the dismissal of eight U.S. attorneys have repeatedly accused Gonzales of being less than truthful about the roles played by himself and the White House.
On Nov. 10, 2005, Attorney General Alberto R. Gonzales sent a letter to a federal judge in Montana, assuring him that the U.S. attorney there, William W. Mercer, was not violating federal law by spending most of his time in Washington as a senior Justice Department official.
That same day, Mercer had a GOP Senate staffer insert into a bill a provision that would change the rules so that federal prosecutors could live outside their districts to serve in other jobs, according to documents and interviews
Congress passed the provision several months later as part of the USA Patriot Act reauthorization bill, retroactively benefiting Mercer and a handful of other senior Justice officials who pull double duty as U.S. attorneys and headquarters officials. Justice officials say the measure was a necessary clarification to ensure that prosecutors could fill temporary postings in Washington, Iraq and elsewhere, and that it also applies to assistant U.S. attorneys.
But the episode, which received little notice at the time, provides another example in which Gonzales's statements appear to conflict with simultaneous actions by his aides in connection with U.S. attorney policies. Lawmakers investigating the department's handling of the dismissal of eight U.S. attorneys have repeatedly accused Gonzales of being less than truthful about the roles played by himself and the White House.
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