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How U.S. Attorneys Get Appointed

With all the cries of "foul" over the U.S. attorney firings, I think it might be helpful for readers to know just how U.S. attorneys are selected.

The job has always been a political plum. The U.S. Attorney is nominated by the President, based on recommendations from the Senators in the particular District. Almost without exception, the appointee is from the President’s political party. When a new President is elected, we get new U.S. Attorneys.

The Assistant U.S. Attorneys get to stay, under civil service rules. They can't be ousted because of political reasons.

The travesty of the current U.S. Attorney firing scandal is not that U.S. Attorneys are being replaced. That is expected after an election, such as the one in 2004. It's that it's happening in 2007.

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The Administration should have decided in 2004, following Bush's re-election, which U.S. Attorneys it wanted to replace. In 2005, all U.S. Attorneys were subject to replacement. In fact, all of them are expected to submit their letters of resignation and either be retained or have their resignation letters accepted.

In 2007, there should be no replacements, except for any U.S. Attorneys who proved to be unqualified. The fact that the Bush Administration is trashing the reputations of U.S. Attorneys it once endorsed for the job, in a non-election year raises considerable questions.

U.S. Attorneys serve at the pleasure of the President. There is no reason to replace them in a non-election year, except for malfeasance. If it turns out that the fired U.S. Attorneys did nothing wrong, but were replaced anyway in a non-election year, then the Bush Administration has overstepped its bounds.

I'm no fan of Republican U.S. Attorneys who got their job because they carried water for Bush in 2004 and had the blessing of their District's Senators. That's the way the job is assigned.

But, firing them because they didn't bring the cases the Administration wanted them to bring, or because they brought cases against Republicans or didn't bring cases against Democrats is beyond the pale.

Once appointed, the U.S. Attorney is not supposed to be a political hack. He or she, like every prosecutor, is supposed to make decisions t