News and Document archive source
copyrighted material disclaimer at bottom of page

NewsMinecabal-elitew-administrationlegislative-rule — Viewing Item


Doj inquiry into memo gate { April 27 2004 }

Original Source Link: (May no longer be active)
   http://www.nytimes.com/2004/04/27/politics/27PROB.html

http://www.nytimes.com/2004/04/27/politics/27PROB.html

April 27, 2004
Justice Dept. Opens Inquiry on Memo Theft
By ERIC LICHTBLAU

WASHINGTON, April 26 — The Justice Department has opened a criminal investigation into accusations that Republican Congressional aides stole sensitive Democratic memorandums, and the department has tapped David N. Kelley, the top federal prosecutor in Manhattan, to lead the politically charged case, officials said Monday.

The decision to bring in Mr. Kelley, rather than have prosecutors in Washington pursue the case, came after lawmakers from both parties urged the Justice Department to appoint an independent prosecutor to avoid the appearance of a conflict.

The department said in a letter dated Monday that it was confident that Mr. Kelley would conduct the investigation "in a thorough, fair, impartial and professional manner." Several leading Democrats applauded his appointment, with Senator Charles E. Schumer of New York saying it was "a very good first step."

The opening of the criminal inquiry increases the significance of the case, which has provoked open hostilities between Republicans and Democrats on the Senate Judiciary Committee in their continuing battle over President Bush's judicial nominations.

In March, the Senate sergeant-at-arms concluded in a 65-page report that two Republican staff aides had engaged in widespread, unauthorized and possibly illegal spying by reading Democratic strategy memorandums on a Senate computer system.

Over at least 18 months, the aides improperly read, downloaded and printed 4,670 files concerning Democratic tactics in opposing many of Mr. Bush's judicial nominees, the report said, and some of the material was leaked to conservative groups supporting the nominees and news media outlets.

The sergeant-at-arms suggested that the unauthorized spying could have violated laws against the receipt of stolen property and lying to investigators, among others. The report also suggested that many other Republican aides might have been involved in trafficking in the stolen documents, and Democrats have questioned whether officials at the Justice Department and the White House were also privy to the material in working to support Mr. Bush's nominees and derail Democratic opposition.

The two aides implicated in the affair have both left the Senate. One, Manuel C. Miranda, who had worked for both the Senate majority leader, Bill Frist, and Senator Orrin G. Hatch, chairman of the Judiciary Committee, has defended his conduct in numerous interviews, saying he was able to access the computer memorandums because of Democratic negligence in securing them, not because of any theft or criminal wrongdoing.

Some conservative groups have said that the memorandums reveal ethical improprieties by the Democrats in colluding with liberal groups to block Mr. Bush's nominations. But there is no indication that this will be an element of the criminal inquiry by Mr. Kelley, officials said.

Mr. Hatch, who said in March that he was "mortified" by the ethical breach, said through a spokesman on Monday that he "has every faith" that the Justice Department and Mr. Kelley's office "will do the right thing here."

Senator Patrick J. Leahy of Vermont, the ranking Democrat on the judiciary panel, also welcomed the Justice Department's decision, saying, "With the powers available to a federal prosecutor, this matter can now be more thoroughly investigated, so that those who engaged in criminal conduct may be brought to justice."

Senator Schumer said that while Mr. Kelley, a Democrat, was an independent and capable prosecutor "without conflicts," Attorney General John Ashcroft should still remove himself from oversight of the case to avoid any potential conflicts.

A Democratic aide who spoke on condition of anonymity said, "Ashcroft has a potential conflict on many levels because he has a personal relationship with many of the Republican senators and he has direct control over Justice Department employees who may become involved in the investigation."

Mr. Kelley's office declined to comment. While the letter sent Monday by the Justice Department said that Mr. Kelley had been assigned to the case, it left open whether he would have the type of broad autonomy given to the prosecutor in another politically sensitive case involving the leak of a C.I.A. officer's identity.

In that case, Mr. Ashcroft recused himself after months of complaints from Democrats, and his deputy gave the United States attorney in Chicago, Patrick J. Fitzgerald, authority to conduct an independent investigation.



Copyright 2004 The New York Times Company


lott-resigns
police-ways-and-means
texas-democrats
tom-delay
Abramoff partner pleads guilty to briding lawmaker { November 22 2005 }
Abramoff worked with democrat leadership too { February 10 2006 }
Bar urges congressional review of bush bill signing
Bush uses first veto in 6 years to block stem cell bill
Campaign finance hurts democrats { June 28 2003 }
Cheney is blocking republican legislation on detainees { July 24 2005 }
Congress approval down to 24 perc { July 13 2007 }
Congress republicans divide with bush { May 10 2007 }
Congressman and fbi take bribes from turkish council { August 10 2005 }
Conservatives call for return of principles { December 2005 }
Democratic congress approval rating at 29 perc
Democrats bow to bush budget bill { December 13 2007 }
Democrats briefed on torture and did nothing { December 9 2007 }
Democrats dont bother taking opportunities { February 8 2006 }
Democrats dont take advantage says gop leader { February 10 2006 }
Democrats push new security measures { June 2007 }
Democrats shouting and republicans storm off { June 10 2005 }
Democrats uncomfortable with lieberman bush relationship { March 13 2006 }
Dems allow spying on citizens without warrants { August 6 2007 }
Dems back republican resolution supporting war { January 2007 }
Dems dont press repubs on illegal activity { May 28 2003 }
Dems fear censure support despite popularity
Doj inquiry into memo gate { April 27 2004 }
Edward kennedy memos stolen by republican staffers { November 25 2003 }
Feingold draws little support for bush censure
Frist accused of insider trading { September 22 2005 }
Frist fights for bolton after meeting with bush { June 21 2005 }
Gop aides implicated in memo downloads { March 5 2004 }
GOP extends roll call to twist republicans for Bush { July 9 2004 }
Gop may changes rules for delay if indicted { November 17 2004 }
GOP plans replace dems 2006 to pass reforms { March 1 2005 }
Gop reads minority party private memos for year
Gop replaces republican chair who doesnt follow party line { February 2 2005 }
Gop says democratic leaders are pushovers { February 10 2006 }
Group names 13 most corrupt members of congress { September 25 2005 }
House ethics panel says delay went too far to secure victory { October 1 2004 }
House record changed after because rep accusation { July 15 2004 }
House republicans feel bullies by bush { March 17 2006 }
House republicans fought gop to pass cuts { November 18 2005 }
Justice staff saw texas districing as illegal { December 2 2005 }
Leaders extend vote to twist arms for cafta { July 28 2005 }
Leadership rigs vote blocking patriot act { July 8 2004 }
Lieberman and others limit habeas corpus { November 11 2005 }
Lieberman iraq stance brings widening split { December 10 2005 }
Lieberman loses to anti war candidate in primaries { August 9 2006 }
Lobby ties taint tom delay replacements { January 11 2006 }
Majority leader says republicans compromised agenda { October 16 2006 }
New links found between abramoff and whitehouse { July 8 2006 }
Newt Gingrich defends democrat raided by FBI { May 23 2006 }
Newt gingrich says republicans bungled everything
No vote for cafta not counted { July 29 2005 }
Oreos thrown at black republican senate candidate { November 2 2005 }
Pelosi leader sells out { November 15 2002 }
Redistricting killing representatives turnover { February 7 2005 }
Republican hastert collected 100k from abramoff { May 24 2006 }
Republican patriot act curbing bill defeated by Whitehouse { July 9 2004 }
Republican who defeated daschle cant save his military base
Republicans oppose bush on children health care { October 12 2007 }
Republicans test dems with iraq withdrawal vote
Republicans troubled by congressional defeats { May 15 2008 }
Republicans veto democrats draft bill { October 5 2004 }
Rove plans to keep republican florida senate seat { July 21 2005 }
Sec opens full probe on frist insider trading
Senate moves closer to filibuster showdown { May 18 2005 }
Senate report clears whitehouse blames cia { July 8 2004 }
Senator says democrats cower from bush { March 14 2006 }
Sheehan says dems useless and americans shallow { May 29 2007 }
Third of americans dont trust either party { January 24 2007 }
Tom delay still controlling votes
Trent lott felt betrayed by white house and frist

Files Listed: 70



Correction/submissions

CIA FOIA Archive

National Security
Archives
Support one-state solution for Israel and Palestine Tea Party bumper stickers JFK for Dummies, The Assassination made simple