Former U.S. Sen. Pete Domenici (Photo by Heath Haussamen)

Former U.S. Sen. Pete Domenici and others won’t face criminal charges related to the 2006 firing of then-U.S. Attorney David Iglesias, the Justice Department announced Wednesday.

The department sent a letter to members of Congress who sought the probe stating that special prosecutor Nora Dannehy concluded that “evidence did not demonstrate that any prosecutable criminal offense was committed with regard to the removal of David Iglesias.”

“There was insufficient evidence that former Senator Pete V. Domenici, other New Mexico Republicans, persons in the White House, or anyone at DOJ attempted to prospectively influence Iglesias’s actions,” the letter states. “The weight of the evidence established not an attempt to influence but rather an attempt to remove David Iglesias from office, in other words, to eliminate the possibility of any future action or inaction by him.”

The letter, which concluded a two-year investigation, also stated that Domenici’s efforts to have Iglesias fired were “in part politically motivated.”

Domenici, R-N.M., and others have claimed all along that they sought Iglesias’ removal from the position because he wasn’t doing a good job. Another New Mexico Republican involved was then-state GOP Chairman Allen Weh, who asked then-President Bush Senior Adviser Karl Rove to have Iglesias fired in late 2005.

Domenici is relieved

Domenici was quoted by the Albuquerque Journal as saying he is relieved that the investigation is over.

“The Justice Department has now confirmed what I have always said and believed – I never attempted to interfere with any government investigation,” the newspaper quoted Domenici as saying. “I am glad that this matter has concluded.”

Heather Wilson

Former U.S. Rep. Heather Wilson, who was also embroiled in the scandal, said in a statement to NMPolitics.net that the probe “confirms what I have said before: the Justice Department badly mishandled Mr. Iglesias’ termination.”

“Senator Domenici apologized a long time ago for any misunderstanding of his motives and I’m glad he is now able to put this matter behind him,” Wilson said.

Iglesias’ claim in February 2007 that his firing was a political “fragging” helped spark a national scandal into the firings of several U.S. attorneys that included congressional hearings, an internal Justice Department review and Dannehy’s criminal investigation.

Dannehy’s probe didn’t look into whether any crimes were committed in the firings of the other U.S. attorneys. The letter states that the evidence “did not warrant expanding the scope of the investigation beyond the removal of Iglesias.”

Investigators also looked into whether anyone lied during testimony before Congress or to investigators after the U.S. attorney scandal erupted in early 2007. According to the letter, there was “insufficient evidence to establish that persons knowingly made material false statements.”

David Iglesias

Iglesias is ‘glad the matter is over’

Domenici and Wilson separately called Iglesias in October 2006. Iglesias claims they called to discuss an ongoing criminal investigation involving a high-ranking Democrat, though Wilson says she didn’t call to discuss any specific case or person and did not discuss a case involving that high-ranking Democrat, Manny Aragon, with Iglesias. At the time, Wilson was in a tough re-election battle that she ended up winning by fewer than 1,000 votes out of about 211,000 cast.

Iglesias has alleged that Domenici and Wilson pressured him to speed indictments against Aragon, a former state Senate president, and others involved in the case in an attempt to sway voters, a charge both deny. Days after the election, Iglesias was fired.

Iglesias, who is now prosecuting cases at Guantanamo Bay in Cuba for the military, told NMPolitics.net he is “glad the matter is over.”

“I’m grateful for the nearly two years it took for federal prosecutor Nora Dannehy to investigate the matter,” Iglesias said. “I trust future administrations and political leaders never again attempt to improperly politicize U.S. attorneys.”

Situation threatened Domenici’s legacy

Last year, a grand jury subpoenaed records from Domenici as part of its investigation, and some said charges against him were possible. Wednesday’s letter makes clear that investigators took a very close look at Domenici’s actions before clearing him of any criminal wrongdoing.

The situation threatened to tarnish the legacy of Domenici, New Mexico’s longest-serving senator who retired in 2008. He had little to say about the probe while it was ongoing. In September, his only comment was to complain that such investigations take too long.

While the probe led by Dannehy found no prosecutable offenses, that doesn’t mean the motives of Domenici and others who sought Iglesias’ removal were pure. From the letter:

“Although Senator Domenici’s motive for seeking Iglesias’s removal were in part politically motivated, a public official does not violate the law by seeking the removal of a United States Attorney for his failure either to pursue a particular case the official believes is legitimate or to pursue certain types of cases the official believes should be brought, even if the public official’s motives are partisan and inconsistent with the values of DOJ.”

The letter goes on to state that the Justice Department “never determined whether the complaints about Mr. Iglesias were legitimate,” which “bespeaks undue sensitivity to politics on the part of DOJ officials who should answer not to partisan politics but to principles of fairness and justice.”

Committee issued ‘qualified admonition’ to Domenici in 2008

Legislative ethics committees also looked into the actions of Domenici and Wilson. In 2008, the Senate Ethics Committee stated in a “public letter of qualified admonition” that it found no evidence that Domenici attempted to improperly influence the investigation involving Aragon.

But the committee did find, according to the letter, that Domenici “should have known that a federal prosecutor receiving such a telephone call, coupled with an approaching election which may have turned on or been influenced by the prosecutor’s actions in the corruption matter, created an appearance of impropriety that reflected unfavorably on the Senate.”

Iglesias talked with staffers for the House ethics committee in July 2007 about Wilson. After considering the matter, the committee took no action.

A prior version of this posting failed to state that Wilson disputes Iglesias’ claim that she called to talk about the case involving Aragon. It also stated that the House ethics committee investigated Wilson, when in fact it decided against a formal investigation after informally reviewing the matter. My apologies to Wilson.

David Iglesias

“Can One Good Man Redeem a Nation for the Sins of Guantánamo?” That’s the question Esquire magazine asks in an article profiling David Iglesias, New Mexico’s former U.S. attorney – the one fired in the controversy created by the Bush administration — who is now prosecuting Guantanamo Bay cases for the military.

“As the Obama administration announces trials for terrorism suspects, David Iglesias stands at the ready to prosecute more of them — and maybe just save the legacy of the White House that fired him,” the article states.

This one’s definitely worth a read. Click here to do just that. In the meantime, here’s a video preview:

Domenici, shown here earlier today at the Domenici Public Policy Conference at New Mexico State University. (Photo by Heath Haussamen)

Former U.S. Sen. Pete Domenici, R-N.M., had little to say when asked today about two high-profile federal investigations, one of them involving him.

One is the ongoing investigation into whether any crimes were committed during the process that led to the 2006 firings of New Mexico’s David Iglesias and several other U.S. attorneys. The other is the probe into allegations of pay to play in the Richardson administration that recently ended with no charges being filed.

Some Republicans have questioned the reasons for the current Justice Department’s closing of the case against Richardson. In the other case, federal investigators have subpoenaed records from Domenici.

With that in mind, I wanted Domenici’s thoughts on both probes.

“I’d rather just say I’m not sufficiently informed,” Domenici said. “One thing that bothers me is they take too long — these processes take too long.”

People close to Richardson made similar complaints about the probe into the governor’s administration, which lasted about a year.

Domenici is one of the people at the center of the probe into the firings of the U.S. attorneys. Former U.S. Rep. Heather Wilson, R-N.M., and Domenici separately called Iglesias in October 2006 to discuss an ongoing criminal investigation involving a high-ranking Democrat. At the time, Wilson was in a tough re-election battle that she ended up winning by fewer than 1,000 votes out of about 211,000 cast.

Iglesias alleges that Domenici and Wilson pressured him to speed indictments against former state Senate President Manny Aragon and others involved in the case in an attempt to sway voters, a charge both deny. Days after the election, Iglesias was fired.

Earlier this year, a grand jury subpoenaed records from Domenici as part of its investigation, and some say charges against him are possible.

Republican gubernatorial candidate Allen Weh doesn’t have much to say about a hard-hitting commentary from former U.S. Attorney David Iglesias that was published on this site earlier today.

Offered the chance to respond to Iglesias, Weh’s campaign released only this prepared statement from the candidate:

“There have been some recent personal attacks made against my candidacy, which I won’t dignify by discussing other than to repeat what I have said on several occasions: I will criticize any official — Republican or Democrat — who doesn’t measure up to the standards expected of them. And I’ll be just as aggressive in removing mediocre government officials when I’m elected governor.”

The chain of events started Friday when I critiqued Weh’s recent statement that he was “taking on my own party” in working to get Iglesias fired. The situation has also received some attention from the national news Web site Talking Points Memo.

Former U.S. Attorney David Iglesias (Photo courtesy of University of Texas, Brownsville)

I read with great amusement Allen Weh’s recent comments about me and his role in my forced resignation. After the initial bemusement wore off, I became alarmed that this gubernatorial candidate may not be in touch with reality or may not even be literate.

Weh took credit for my forced resignation but nonsensically still claims it was due to poor performance. This position is completely without any basis in fact and has been proven demonstrably false by the Justice Department’s 358-page investigation into the firing of the U.S. attorneys, the 71-page Justice Department’s 2006 official evaluation of my office, the House Judiciary Committee’s 2.5-year investigative report, the letter from the director of the Executive Office of United States Attorneys (EOUSA) to me, and the March 29, 2007 sworn testimony of the former chief of staff to the attorney general, Kyle Sampson.

This “performance-based” allegation is no longer on the table for debate; the above official findings have completely vindicated me and my prior office. It was illegal politics, not performance, that drove the U.S. attorney scandal. Weh, in a world-class display of chutzpah, tries to argue the point in his campaign rhetoric.

What are the facts? First, my 2006 office evaluation was conducted by a team of career, nonpartisan attorneys and staff members. Their official finding about my leadership concluded I was “…respected by the judiciary, agencies, and staff.” Second, Mike Battle, the former Director of EOUSA, wrote to me in January 2006, stating that I had “exemplary leadership.”

Third, Kyle Sampson, when he testified before the Senate Judiciary Committee, said if he were to do it again, he would not place me on the list to be fired. Fourth, the Justice Department’s official investigation, conducted by a career inspector general and another watchdog office, confirmed the DOJ office evaluation’s findings on my leadership and discredited the alleged performance-based reasons of my firings as “after-the-fact rationalizations” and said my removal was the “…most troubling.”

Finally, Chairman John Conyers of the House Judiciary Committee released a report last month that concluded a 2.5-year investigation into the scandal. The committee’s report stated, “Under the Bush regime, honest and well-performing U.S. attorneys were fired for petty patronage, political horsetrading and, in the most egregious case of political abuse of the U.S. attorney corps — that of U.S. Attorney Iglesias — because he refused to use his office to help Republicans win elections. When Mr. Iglesias said his firing was a ‘political fragging,’ he was right.”

This constitutes proof beyond any doubt. Despite this mountain of evidence, Weh clings to a delusional talking point.

Weh worked with the entrenched status quo

In another age, Weh would have continued to argue the world is flat despite all evidence to the contrary. Further, Weh is of the same ilk as AIG corporate heads who insisted on performance bonuses after bankrupting their company.

How can Weh, despite his ruinous leadership, seek the governor’s office after he flew the New Mexico Republican party into a cliff? Under his disastrous watch, the party went from having three of five members in its congressional delegation to zero members. The party became even more splintered under his jackbooted leadership.

Given Weh’s background, he should know you can delegate power, but you cannot delegate responsibility. He is responsible for the catastrophic losses within the New Mexico GOP. And now he wants a promotion.

Weh claims that his active role in my firing is somehow evidence of his willingness to take on his own party. Just the contrary is true, as he joined the entrenched status quo when he supported former Senator Pete Domenici, former Congresswoman Heather Wilson and political hit men like Karl Rove and Pat Rogers in attempting to illegally politicize the Justice Department.

These efforts failed in New Mexico as they did in other states as a new Congress exercised its constitutionally mandated role in providing oversight over a deeply damaged Justice Department.

Weh may be beyond political redemption

Does Weh really value taking on one’s own party? If so, he will publicly praise the actions of the seven U.S. attorneys who testified before Congress about the improper politicization of the Justice Department. Their testimony challenged the actions of several Republican members of Congress and the Bush-appointed attorney general and deputy.

If Weh is truly proud of his actions in helping ignite the greatest Justice Department scandal since Watergate, then he may be beyond political redemption.

I know that Weh knows what the term “Semper Fidelis” means. He needs to learn another motto and practice it if he seeks to lead, not bludgeon, the New Mexican voter: “Semper Veritas” — always truthful.

Iglesias was the United States attorney for the District of New Mexico from 2001-2007. These are his personal views and are not the official position of any agency within the U.S. government.

Allen Weh

Republican gubernatorial candidate Allen Weh has recently been saying the he was taking on his own party in trying to get former U.S. Attorney David Iglesias fired.

That’s not quite inaccurate, but it’s also not quite how things happened.

First what Weh has recently claimed. Here’s a paragraph from a recent Wall Street Journal article on the U.S. attorney scandal:

“Mr. Weh, who is currently running for governor of New Mexico, on Tuesday portrayed his role in the firing as demonstrating his willingness to take on officials of his own party. ‘I have been equally critical of leaders in both political parties, those who have either betrayed the public trust or failed to do their job,’ he said.”

And then this more definite statement, given in an interview with KKOB-AM radio in Albuquerque:

“Think about this. I was taking on my own party. This is an appointee of the president of the United States. There would have been a lot of people who would have said, ‘Well, I’m not going to say anything about that guy.’”

Now the reality:

Weh certainly has taken on members of his own party in the past. In addition to being involved in the push to get Iglesias fired, the former state GOP chairman pushed for the ouster of former Bernalillo County GOP Chairman Fernando C de Baca last year after C de Baca made comments some interpreted as racist.

And, after former state Rep. Rory Ogle, R-Albuquerque, was charged with domestic violence in 2004, Weh called on him to withdraw his bid for re-election.

But Weh wasn’t the only New Mexico Republican trying to get Iglesias fired, or even the leader of that effort. The leader was former U.S. Sen. Pete Domenici.

In addition to Weh and Domenici, documents reveal that a number of other Republicans were expressing concerns about Iglesias’ job performance to officials in Washington, including Pat Rogers, a prominent GOP attorney.

They eventually convinced some officials in Washington, including Karl Rove, to side with them, and those officials made the case that Iglesias should be fired.

To be certain, Weh played an integral role in Iglesias’ firing, as has been well documented. But when many prominent New Mexico Republicans including Domenici — the state’s senior senator and grandfather of the state GOP — were on his side, was Weh really “taking on my own party?”

Weh said this in a statement released by his campaign:

“I pushed for David Iglesias to be replaced, and I did it even though he was a Republican public official and President Bush’s appointee. In my years of service I have been equally critical of leaders in both political parties, those who have either betrayed the public trust or failed to do their job,” he said. “I am proud of that record of service and believe that Mr. Iglesias’s replacement has clearly done a much better job of fulfilling the duties of that office.”