U.S. Atty David Kelly To Be Replaced
The Southern District of New York will be losing David Kelly, a well-respected prosecutor who has shunned publicity and politics, because he's a Democrat.
Mr. Kelley, 45, is drawing attention now because the Bush administration is about to replace him. The White House has let it be known that President Bush plans to nominate Michael J. Garcia, the immigration and customs chief for the Department of Homeland Security, according to Senator Charles E. Schumer, a Democrat of New York, who has been monitoring the process.
According to Mr. Schumer and several justice officials, Mr. Kelley was not tapped to continue in his job because he is a registered Democrat. "The virtually universal view is that he's done an excellent job," Mr. Schumer said.
Among the successful prosecutions the office yielded under Kelly's stewardship: Martha Stewart, the Rigas family of Adelphia Communications, WorldCom's chief Bernard J. Ebbers, and the defense lawyer Lynne F. Stewart.
Kelly's philosophy stands in stark contrast to that of prior office holders like Rudy Giuliani and Mary Jo White:
Mr. Kelley likes a lower profile, choosing, as he puts it, to "let the verdict speak for itself." "I'm not a politician," he said in a recent interview. He occasionally holds a news conference to announce a flashy indictment, like the corruption charges he filed this month in the United Nations oil-for-food scandal. But after a trial victory, Mr. Kelley said, it is unseemly to crow.
"We don't want to be seen pounding our chests," he said. "That's the wrong message to send about what we are doing."
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