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A targeted prosecutor, a pattern

A U.S. attorney apparently listed for firing had supported Indian voters' rights.

The Nation

May 31, 2007|Tom Hamburger, Times Staff Writer

And the Heffelfinger episode has contributed to a backlash among some Minnesota Republicans. Sen. Norm Coleman, a Bush loyalist in the past who is facing reelection next year, has called on Atty. Gen. Alberto R. Gonzales to resign -- largely as a result of the U.S. attorney firings and the revelations about Heffelfinger.

A hint at why Heffelfinger's name was on termination lists that Justice Department officials and Bush political strategists put together emerged when Monica M. Goodling, the department's former White House liaison, testified last week before the House Judiciary Committee about the firings.


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Goodling said she had heard Heffelfinger criticized for "spending an excessive amount of time" on Native American issues.

Her comment caused bewilderment and anger among the former U.S. attorney's supporters in Minnesota. And Heffelfinger said it was "shameful" if the time he spent on the problems of Native Americans had landed him in trouble with his superiors in Washington.

But newly obtained documents and interviews with government officials suggest that what displeased some of his superiors and GOP politicians was narrower and more politically charged -- his actions on Indian voting.

About three months after Heffelfinger's office raised the issue of tribal ID cards and nonreservation Indians in an October 2004 memo, his name appeared on a list of U.S. attorneys singled out for possible firing.

"I have come to the conclusion that his expressed concern for Indian voting rights is at least part of the reason that Tom Heffelfinger was placed on the list to be fired," said Joseph D. Rich, former head of the voting section of the Justice Department's civil rights division. Rich, who retired in 2005 after 37 years as a career department lawyer -- 24 of them in Republican administrations -- was closely involved in the Minnesota ID issue. He played no role in drafting the termination lists, which were prepared by political appointees.

Justice Department officials refused Tuesday to confirm whether particular U.S. attorneys may or may not have been on one of the termination lists prepared by D. Kyle Sampson, the former chief of staff to Gonzales. But Dean Boyd, a department spokesman, did say that "the Justice Department and the attorney general have been and remain committed to working on issues of importance to Native Americans."

Boyd cited cases in which Justice Department lawyers have gone to court to uphold Indian voting rights.

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