Former U.S. Attorney: Why I Was Fired

Exclusive: John McKay Says White House Didn't Like His Handling Of Disputed Election

(CBS)  President Bush says he is troubled by the Justice Department's misleading explanations to Congress of why it fired eight U.S. attorneys, but that the dismissals were "appropriate." In an exclusive interview with CBS News correspondent Sandra Hughes, one of the fired prosecutors says it certainly wasn't in his case.

"I am disappointed with the president," says John McKay, former chief prosecutor for western Washington state. "I am disappointed with the attorney general."

McKay was fired in December for reasons he now believes had nothing to do with the way he did his job — but very much to do with politics.

"I asked for the reasons that I was being asked to resign and I was given no reasons," he says.

McKay's office convicted the "millennium bomber" who was planning to blow up the Los Angeles airport and won a conviction against James Ujaama, who was planning to build an al Qaeda training camp in Oregon. He was also lauded for cracking down on drug smuggling from Canada.

So when the attorney general said McKay was fired for performance reasons, he was livid.

"I knew that was false and I felt obligated to speak up," McKay says.

CBS News obtained McKay's most recent performance review, conducted just three months before his firing. In it, he was described as "effective, well-regarded and a capable leader."

McKay feels "really proud of the work that was done in my office and the excellent run I had in five years."

Justice officials say they had a problem with the way McKay shared information with local and federal law enforcement officials. But McKay believes it was what he didn't do that got him fired.

A Democratic candidate won Washington state's 2004 gubernatorial race by just a couple of hundred votes. McKay didn't call a grand jury to investigate questions of voter fraud, and he heard about it when he sought a promotion.

"I did apply to be a federal judge last fall, and at that time questions were directed to me about the 2004 governor's election in Washington state," he says.

Shortly after, McKay was listed as a U.S. attorney "being pushed out" in an e-mail between the Department of Justice and the White House.

"Any individual prosecutor is replaceable," McKay concedes. "What's not replaceable is our reputation for fairness and our reputation for independence from political influences."

No longer prosecuting al Qaeda suspects or drug smugglers for the U.S. government, McKay's now teaching law to students who may get a crash course in Bush administration politics.

[aa36042]

clinton fired EVERY US prosecutor when he was in office. this is a natural process...that has turned into a zoo because liberals do not want to talk about issues and would rather demonize one man..isnt this getting old? does anyone care that clinton fired EVERY one and this is the result when this admin fires 8 or so..sometimes i feel like im taking crazy pills.

[sero5]

These US Attorneys were fired for performance problems, as we are told. I guess firing the above prosecutor for securing a conviction against the "millennium bomber", an Al Qaeda operative, is a "performance problem" in the eyes of the Bush White House.

[rileye1a]

aa36042, you need to get your facts straight. Clinton fired one prosecutor when he was in office. As did Carter and Bush Sr. What this current administration has done is unprecedented. I don't think you're taking crazy pills; you're just uninformed.

[hds1234]

Remember, it%u2019s common to replace all US attorneys when a new president takes office. These attorneys are political appointees. Yes, Clinton did it as well as Reagan and Sr. Bush. However, it is very unusual to fire a US attorney in the middle of a presidential administration. The issue is that all the US attorneys were fired because they did not aggressively pursue indictments against Democrats in their region. Also, for misleading Congress as to why they were fired. All of Republican US attorneys that were fired had stellar performance reviews.

[trueprogress]

THe NYT reported all of Clinton's were fired. No big deal then, why now ?

[stoeast]

Who are we to believe...Honesty is a travesty.
Politics has again proven itself to be only a power trip.

[karlimhof]

Even one case - just one - which shows that any of these men or women were fired because they did not follow political directives, is enough to prove this Administration has, again, abused it power and damaged our Constitution.

Speedy must go !

[elz523]

Clinton replaced every prosecutor after he took office. Such is presidential perogative and is standard when the presidency changes parties. He fired just one, in the middle of his presidency, for cause.

George Bush and Karl Rove have attempted to murder law through courtroom politics. Ask yourself is that REALLY what we want?

[dallison7]

"No longer prosecuting al Qaeda suspects or drug smugglers for the U.S. government, McKay's now teaching law to students who may get a crash course in Bush administration politics."


He should call the class 'How to create a fascist state 101'.

[jbinthe757]

karlimhof, hey, whats up bud? greetings from kosovo. have you seen that crazy Lars008 around here latley?

Gore 08'

[jbinthe757]

i aint even gonna comment on this, i was watching and waiting for himn to resign yesterday. maybe he'll do the right thing and step down today, with a little help from fearless leader.

[gunnerv1]

Performance Problems, Remember 99 attaboys are wiped out by one aw*hit.

[msgmorris]

The hypocrisy on the part of CBS and their buddies in the Democrat Party is delicious! Mass amnesia, indeed. Check out how the firings in '93 were reported. By the way, what Clinton did WAS unprecedented in its scope.
In the final analysis, US Attorneys serve at the pleasure of the President; he can fire them for ANYTHING. Get over it!

[coffeehead-2009]

but but but ------------
clinton


%u201CThe question is, did they have the same reaction if they were in the Congress in the %u201990s or did they have the same reaction if they were in the %u201980s? Every president comes in and appoints U.S. attorneys and then makes changes over the course of their time.%u201D

Funny he should say that. In fact, the Republicans made a big stink when Bill Clinton replaced U.S. attorneys at the beginning of his first term.
This is standard practice for a president at the beginning of his first term. I believe Bush II replaced all of Bill Clinton%u2019s appointees, and no one complained.

But in 1993 the GOP Noise Machine made the replacing of U.S. attorneys by Clinton into a big scandal. Wingnuts alleged that Clinton was trying to impede the investigation of Rep. Dan Rostenkowski. (Rostenkowski was indicted the following year; I assume the indictment was brought by a Clinton appointee.)

It is extremely unusual, however, for U.S. attorneys to be replaced in mid-term except for cases of gross misconduct, which doesn%u2019t seem to be the case with the eight who have been purged so far.
http://www.mahablog.com/2007/03/09/1520/

[karlimhof]

jbinthe757

good to "see" your voice again! hope you fine - not breaking too many balkan hearts ?

i run into those hot-heads on in a while - they make good kindling for my fire!

take care!

[antoniof123]

Fired for performance problems, "millennium bomber", "an Al Qaeda operative", wait they reason they were fired was because they didn't get any old ladies for jay walking.

[coffeehead-2009]

According to Turley,

the provision in the Patriot Act

that allowed such firings was no accident. %u201CWhen you see an administration trying to try to put into legislation something this specific, this tailored, it does not come out of nowhere,%u201D said Turley.

%u201CIt did not come out of the head of Zeus,%u201D Turley said. %u201CIt came out of the head of someone at the White House who wanted to use it. I think there are serious questions there and this is a scandal that is getting worse by the day.%u201D


http://www.customscorruption.com/hitler.htm

[forthepeaple]

Who said this statement: If the personal freedoms of all americans by the Constitution and bill of right are Inhibiting the Government ability to (Govern)that meant control, the people of united states of america..Than we Should look to Limit those GUARANTEES #2.The united states Government CAN'T BE so fixed on our desires to preserve the RIGHTS of ORDINARY AMERICANS #3.I can do any ********* thing i want,I'm president of the united states and you dont forget that.....who am I.....

[forthepeaple]

Who said this statement: If the personal freedoms of all americans by the Constitution and bill of right are Inhibiting the Government ability to (Govern)that meant control, the people of united states of america..Than we Should look to Limit those GUARANTEES #2.The united states Government CAN'T BE so fixed on our desires to preserve the RIGHTS of ORDINARY AMERICANS #3.I can do any ********* thing i want,I'm president of the united states and you dont forget that.....who am I.....

[forthepeaple]

Who said this statement: If the personal freedoms of all americans by the Constitution and bill of right are Inhibiting the Government ability to (Govern)that meant control, the people of united states of america..Than we Should look to Limit those GUARANTEES #2.The united states Government CAN'T BE so fixed on our desires to preserve the RIGHTS of ORDINARY AMERICANS #3.I can do any ********* thing i want,I'm president of the united states and you dont forget that.....who am I.....

[forthepeaple]

Who said this statement: If the personal freedoms of all americans by the Constitution and bill of right are Inhibiting the Government ability to (Govern)that meant control, the people of united states of america..Than we Should look to Limit those GUARANTEES #2.The united states Government CAN'T BE so fixed on our desires to preserve the RIGHTS of ORDINARY AMERICANS #3.I can do any ********* thing i want,I'm president of the united states and you dont forget that.....who am I.....

[skyk-2009]

George Bush and Karl Rove have attempted to murder law through courtroom politics. Ask yourself is that REALLY what we want?


Posted by elz523 at 05:37 AM : Mar 15, 2007

I believe they fully intended to turn this nation into a Fascist State, much like they have turned the State of Texas. A nation where the Bill of Rights still existed but were nothing but window dressing. I can see no other reason for what they slid into the Patriot Act or several other actions they took right after the attack.

[skyk-2009]

The hypocrisy on the part of CBS and their buddies in the Democrat Party is delicious! Mass amnesia, indeed. Check out how the firings in '93 were reported. By the way, what Clinton did WAS unprecedented in its scope.
In the final analysis, US Attorneys serve at the pleasure of the President; he can fire them for ANYTHING. Get over it!

Posted by msgmorris at 06:53 AM : Mar 15, 2007

Haven't you had enough of this? Haven't you been told this enough? Of course there is a Difference between what Clinton did and what President Bush did. When we turn our justice system into a Political Football, when good people like this man are trashed because he, in his PROFESSIONAL opinion, didn't go after people who he thought were not guilty WE lessen ourselves as people. This is NOT right and NO President on record has done what this one did. Maybe it's time you folks stopped just repeating Talking Points and started thinking for yourselves.

[skyk-2009]

THe NYT reported all of Clinton's were fired. No big deal then, why now ?
Posted by trueprogress at 01:33 AM : Mar 15, 2007

YOU didn't READ the entire story. Now go read it then come back and we'll talk. Turning our Department of Justice into a Carl Rove Hit Machine isn't exactly what the founding fathers had in mind here Sparky.

[bigsk8fan]

Yes, Reagan and Clinton replaced all US Prosecutors immediately in their administrations. GW fired and replaced all of Clinton's appointees, just not immediately. No problem. This is their right, to make sure that their Justice Depts have accountability to the new President.

Right now, the problem is that GW appointees have to tow the line and attack political enemies (ie. Democrats). And this is whether or not their local Prosecutor (who GW appointed) believes there is even a reason to go after the Democrat. This is just what Nixon did with using govt agencies, like the IRS, to go after political enemies.

Say what you want. No one ever claimed that Clinton used the Justice Dept to go after his enemies. In fact, congress set up the Ken Starr Chamber Inquisitions to go after him. We all know just how unsuccessful this power play was. Ken never got his man (or woman).

The current Admin of GW and Gonzo are more bent on keeping and retaining power at the cost of any American ideals of justice and fair play.

[mcvet]

This is going to be ONE hell of a Fight, getting that little Slime Creature, Rove, to testify. I know King George will do everything in his power to keep him from doing it. Rove will have a very difficult time under oath. He's used to doing his slimy little act behind closed doors and isn't used to answering questions about his actions. I can't see how he can refuse but rest assured he WILL try. It's going to be FUN watching though.

[mcvet]

When you look at the way these Southern Fascist have twisted and tortured our Law. When you see first hand how they have attempted to us the System based on many views and opinions to one where ONLY one is accepted, you understand. They are and always have been anything BUT American. That's something else. They are very good at pretending!

[us_infidel]

....and when he was asked to investigate and prosecute voter fraud among democrats in Washington State, he refused to do his job.

Hence...."your are the weakest link.....goodbye!"

He serves at the pleasure of the president. There doesn't have to be a reason, just hand me your resignation and don't let the door hit you on the way out.

[us_infidel]

YOU didn't READ the entire story. Now go read it then come back and we'll talk. Turning our Department of Justice into a Carl Rove Hit Machine isn't exactly what the founding fathers had in mind here Sparky.
Posted by skyk at 07:44 AM : Mar 15, 2007

Right. When teh Whitewater investigation was heating up, Clinton wanted to get rif of the attorneys.....but he was told that would look too suspicious.

So, he got rid of all 90+ of them. Pretty elegant solution, I'd say. Only these intellectually dishonest numbnut libs think what Gonzales did was scandalous!!

[bigsk8fan]

"....and when he was asked to investigate and prosecute voter fraud among democrats in Washington State, he refused to do his job."
Posted by US_Infidel

Check your facts. He didn't refuse to do the job. He checked it out and saw no cause to go farther.

[bigsk8fan]

"Right. When teh Whitewater investigation was heating up, Clinton wanted to get rif of the attorneys.....but he was told that would look too suspicious.

So, he got rid of all 90+ of them. Pretty elegant solution, I'd say. Only these intellectually dishonest numbnut libs think what Gonzales did was scandalous!! "
Posted by US_Infidel

Can't you get any facts correct? The firings occurred early in the clinton administration. More closer in time to Rostenkowski problem then the Whitewater/ken Starr Inquisitions.

You know even a broken clock is right two times a day. Keep trying.

[dallison7]

Can't you get any facts correct? The firings occurred early in the clinton administration. More closer in time to Rostenkowski problem then the Whitewater/ken Starr Inquisitions.

You know even a broken clock is right two times a day. Keep trying.
Posted by bigsk8fan


LMAO!!

Even a blind pig occasionaly finds an acorn!!

[forthepeaple]

Who said this statement: If the personal freedoms of all americans by the Constitution and bill of right are Inhibiting the Government ability to (Govern)that meant control, the people of united states of america..Than we Should look to Limit those GUARANTEES #2.The united states Government CAN'T BE so fixed on our desires to preserve the RIGHTS of ORDINARY AMERICANS #3.I can do any ********* thing i want,I'm president of the united states and you dont forget that.....who am I.....
AND YOU AMEICANS WANT TO ELECT THE SAME OLD S/H/I/T/ NO MATTER WHO IS RUNNING ANYONE IN POLITICS AND THAT ANYONE HAS STICKY FINGERS SO WHY ARE AMERICANS GOING TO DO IT AGAIN. WE NEED SOMEONE NEW ALL NEW EVERY SEAT NEEDS NEW BLOOD, AND THAT BLOOD WOULD BE FOR AMERICA AND AMERICANS..

[processorr2]

McKay has broken party ranks and must be smeared and punished.

[processor2]

Posted by Processorr2 at 08:39 AM : Mar 15, 2007

"Processorr2" is not the same person as "processor2"

...

[j4401]

To those of you who enjoy confusing the issues. What exactly do you want "our" federal prosecutors to investigate. I appreciate investigating public corruption, such as Cunningham in California. It appears to me, that when "our" attorneys are doing what we taxpayers want them to do they are considered incompetent. Is that not a problem?

[grumpas]

I don't really understand how even the staunchest Bush supporter is able to ignore facts that are undeniable. Facts that clearly show we have one of the corrupt, incompetent goverments on the planet! These people don't really seem to care how corrupt these people are. As long as their chosen party is in office! Or have they reached the point where they no longer know right from wrong? That is the only conclusion I am able to draw from these folks behavior! They are like the party they serve they have become so corrupted by greed and deceit they will say and do anything to stay in power. It's really sad these people call themselves Patriots! They are doing everything humanly possible to destroy this great country! I don't know how they manage to live with themselves?

[processorr2]

I think McKay looks like Clinton. He can't be trusted. He's probably having an afair on his wife.

[us_infidel]

You know even a broken clock is right two times a day. Keep trying.
Posted by bigsk8fan at 08:05 AM : Mar 15, 2007

Keep skating and spinning my man. YOUR facts are incorrect. Must be taking too many falls on your head without a helemt??

Upon taking office, in an YET UNEXPLAINED departure from the practice of recent administrations, Janet Reno911 suddenly fired all 90+ U.S. attorneys. She said the decision had been made, "in conjunction with the White House." Translation: The President ordered it.

The investigations were ALREADY under way in Arkansas. In fact, he had a protoge of his fire the Arkansas attorney general, as well.

The time frame is correct and your facts are wrong!

[forthepeaple]

Who said this statement: If the personal freedoms of all americans by the Constitution and bill of right are Inhibiting the Government ability to (Govern)that meant control, the people of united states of america..Than we Should look to Limit those GUARANTEES #2.The united states Government CAN'T BE so fixed on our desires to preserve the RIGHTS of ORDINARY AMERICANS #3.I can do any ********* thing i want,I'm president of the united states and you dont forget that.....who am I.....
WAKE UP AMERICA

[processorr2]

Clinton has silver hair. McKay has silver hair. Coincidence? I don't think so.

Clinton doesn't like Bush. Mckay doesn't like Bush. Coincidence? I don't think so.

McKay should have been more loyal to the party and the President. He got what he deserved.

[rochest]

allowing attorney General Gonzales to resign I believe is a big mistake. He then can accept another government appointment. At this point I believe the correct remedy for this crime of not fulfilling his oath and his sworn testimony to pursue his office without political motives is IMPEACHMENT. he should not be allowed to fall on his sword to protect this administration .

IMPEACH ATTORNEY GENERAL GONZALES.

[us_infidel]

Check your facts. He didn't refuse to do the job. He checked it out and saw no cause to go farther.
Posted by bigsk8fan at 07:58 AM : Mar 15, 2007

I see. And you get YOUR facts from MoveOver.org? The daily Koz??? Huffingtons??? Barbara Strisand??? Of course a democrat investigating democrats would find no cause.

Why else would William (Cold Cash) Jefferson (D-LA) still be getting high ranking appointments from Air Pelosi???

[processorr2]

Republicans don't break the law. We have family values. Unlike you libs.

[j4401]

One thing for sure, by reading the republican supporters responses, you get a feel that there appears to be a major lack of intelligence associated with their line of thinking. You gotta laugh.

[j4401]

One thing for sure, by reading the republican supporters responses, you get a feel that there appears to be a major lack of intelligence associated with their line of thinking. You gotta laugh.

[rochest]

another question I have is why after the conviction of Duke Cunningham did that attorney get fired and all of her subsequent investigations into other bribery cases concerning the same company and other Republican lawmakers just disappear ?

IMPEACH ATTORNEY GENERAL GONZALES.

[ademeyer]

Didn't McKay know his number one priority was not suppossed to be prosecuting terrorists but rather defeating Democrats? Get your priorities straight, man! Sheesh!

[dallison7]

In a 2005 interview, Gonzales, the nation's first Latino attorney general, recalled how he initially garnered Bush's attention when Bush's father, President George H.W. Bush, asked him to come work in the White House in 1990.

At the time, Gonzales was an attorney with Vinson & Elkins, a massive Texas law firm that boasted Enron and Halliburton among its clientele, and Gonzales was ready to excel in the private realm.

[scott4261]

I have read in various blogs from conservative posters that Bill Clinton dismissed all U.S Attorneys upon assuming office. Yes, and every president has that prerogative. George W. Bush exercised it as well.

Bud Cummins, a Republican U.S. Attorney from my state of Arkansas, who was one of those fired, told Dan Eggen of the Washington Post that he was surprised to find out that a Karl Rove protege was taking his job. This prompted the Justice Department to call him about his interview with the Post. Cummins then crafted an e-mail to his former colleagues, warning that the Justice Department would come after them if they, too, spoke out.

Along with shock, there is rage that Alberto Gonzales, with the White House's blessing, has tampered with the long-standing tradition of changing U.S. Attorneys only when an administration changes hands, unless a prosecutor engages in misconduct. To my knowledge that is certainly not the case with Cummins.

Every prosecutor fired, including John McKay, seems very competent. The truth is that they have ethics, and their desire to follow the rule of law stood in confrontation with the Bush Administration.