[Infowarrior] - Legislation introduced in response to U.S. attorney appointments

[Richard Forno]

Legislation introduced in response to U.S. attorney appointments
Friday, Jan 12, 2007
http://www.arkansasnews.com/archive/2007/01/12/WashingtonDCBureau/339592.htm
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By Aaron Sadler
Stephens Washington Bureau

WASHINGTON - Days after the attorney general named a former White House
official to serve an interim U.S. attorney in Little Rock, Sen. Mark Pryor
added his name Thursday to a bill to restrict the attorney general's
appointment power.

Pryor, D-Ark., joined Sens. Patrick Leahy, D-Vt., and Dianne Feinstein,
D-Calif., in introducing legislation to change a provision of the Patriot
Act that allows for indefinite appointments without Senate confirmation.

The senators said the law circumvents the traditional process of Senate
consent of executive branch appointments.

In December, Pryor and Sen. Blanche Lincoln, D-Ark., protested the
appointment of Tim Griffin as interim U.S. attorney for the Eastern District
of Arkansas.

Griffin, 38, is an Arkansas native who was White House deputy director of
political affairs under Karl Rove. He also served as head of opposition
research for the Republican National Committee.

Pryor said Griffin should have to face the Senate for a confirmation vote,
especially because of his political connections.

"Arkansas has learned first hand the unintended consequence of a
little-known provision in the Patriot Act," Pryor said. "Unfortunately, the
spirit and intent in which this provision was constructed has been abused
and needs to be corrected."

Griffin declined to comment Wednesday on the proposed legislation.

The Patriot Act, reauthorized last year, gives attorneys general power to
fill vacancies for an indefinite period of time. Before that, the attorney
general could make interim appointments for no more than 120 days.

Before 1986, the district courts within which vacancies arise had authority
to appoint interim U.S. attorneys.

Pryor's legislation would again give district courts interim appointment
authority.

"It appears that the administration has chosen to use this provision, which
was intended to help protect our nation, to circumvent the transparent
constitutional Senate confirmation process (and) reward political allies,"
Pryor said.

President Bush can appoint Griffin permanently, triggering the confirmation
process; or, conceivably, Griffin can serve indefinitely.

The Griffin appointment is not the only one being questioned by senators,
according to a joint statement from Feinstein, Leahy and Pryor.

They said several U.S. attorneys have been asked by the Department of
Justice to resign without cause. They are unaware of the specific number who
have resigned.

"We believe that this use of expanded executive authority to appoint interim
replacements indefinitely undermines essential constitutional checks and
balances," Feinstein said.

Leahy, chairman of the Senate Judiciary Committee, called the moves
"political gerrymandering."

Former Eastern District attorney Bud Cummins had announced plans to step
down months before Griffin's nomination.

The Eastern District consists of 41 Arkansas counties, including the cities
of Little Rock and Pine Bluff.