IMPEACH BUSH

A special prosecutor will pursue possible criminal charges against U.S. Justice Department and White House officials involved in the controversial 2006 firing of former U.S. Attorney Paul Charlton of Arizona and eight of his peers.

Attorney General Michael Mukasey assigned the prosecutor Monday on the recommendation of the Justice Department's inspector general, who issued a report suggesting that the Bush administration, the Justice Department and members of Congress improperly politicized the hiring and firing of top prosecutors.

The 357-page report concludes that the firing of U.S. attorneys from nine states was "fundamentally flawed," and it puts the major responsibility on then-Attorney General Alberto Gonzales and his subordinates, especially chief of staff Kyle Sampson.

In congressional testimony and public statements, the report says, Justice Department officials gave "inconsistent, misleading and inaccurate" explanations as to why the prosecutors were dismissed.

Evidence gathered during the probe shows that the White House was involved in the purge from the outset and that one objective was to replace U.S. attorneys who were not "loyal Bushies," the report states.

Among those who played key roles were senior presidential adviser Karl Rove, White House Counsel Harriet Miers and Deputy Counsel William Kelley. All of them refused to be interviewed for the report.

Of particular concern to Inspector General Glenn Fine was the ouster of David Iglesias, the U.S. attorney in New Mexico, after complaints by GOP political figures that he wasn't being aggressive enough with voter-fraud and corruption cases targeting Democrats.

According to the report, U.S. Sen. Pete Domenici and Rep. Heather Wilson, both New Mexico Republicans, pressured Justice Department leaders to replace Iglesias.

Fine and Marshall Jarrett, director of the Justice Department's Office of Professional Responsibility, urged the appointment of a prosecutor to determine "whether any criminal offense was committed" with regard to the removals. Mukasey responded by naming Nora Dannehy, a career prosecutor, to conduct the probe.

Charlton a 'maverick'

The inspector-general report concludes that Charlton was fired because officials at the Justice Department perceived him as a maverick after he bucked their authority on two issues: He declined to seek the death penalty against a murder defendant, and he required federal agents in Arizona to tape-record interviews with suspects and witnesses.

Charlton said Monday he had not read the report but believes the appointment of a criminal prosecutor is "the right thing to do."

Media reports over the past two years have speculated that Charlton was removed because he had launched a public corruption investigation against Congressman Rick Renzi, R-Ariz., who was indicted this year on bribery and other charges.

Investigators concluded there is "no evidence" to support that theory, but their finding appears to rely on a questionable timeline.

The FBI began investigating Renzi in early 2005. Charlton was not among the U.S. attorneys selected for firing until September 2006, when a Justice Department official placed his name atop the list of those whom "We Now Should Consider Pushing Out." The list was sent to the White House for consideration.

The inspector-general report contends that senior Justice Department officials did not become aware that Renzi was under investigation until one month later, which was about 18 months after the criminal probe began. That would mean that FBI agents and U.S. prosecutors pursued a member of Congress for 1 1/2 years without the knowledge of senior Justice officials.

It is common practice for U.S. attorneys to notify the Justice Department of high-profile cases, especially those involving elected officials. Also, Charlton's office had aggressively sought to use wiretaps in the Renzi probe, a move requiring Justice Department approval.

The report does not indicate whether Charlton or anyone else was questioned about the timing of events related to the Renzi case.

Charlton, now in private law practice, said he would not comment on the Renzi findings until he has had an opportunity to read the report. Representatives from the Office of Inspector General and the Justice Department could not be reached Monday afternoon.

Fired for defiance

Charlton and most of the other purged U.S. attorneys left office in December 2006 after being forced to resign. Justice Department officials claimed they were replaced due to "under-performance" even though the majority, including Charlton, had positive job reviews.

The inspector general concluded that Charlton's defiance of an order to seek the death penalty against a murder defendant was "the most significant factor" in his removal. Charlton had balked at instructions from Gonzales to seek capital punishment in a case in which he believed the witnesses and evidence were weak.

The report said Charlton's efforts to have federal agents record interrogations also contributed to his ouster. The FBI and some other U.S. agencies prohibit investigators from taping interviews with suspects and witnesses unless they obtain special permission. Charlton considers that policy archaic and says it leads to bad evidence and failed prosecutions. The inspector-general report says Charlton inappropriately overturned that policy in Arizona without obtaining Justice Department approval.