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.

[gunnerv1]

He didn't do what was asked of him and got fired. If it was something illegal, then he should have kept records of it and the smoking gun would have been there. As it was, he FU*Ked up and hosed himself in the process.

[homespunlady]

cwheckman1: Your story if it was checked out would make this action appear more explainable and I hope that there's a day in court for you if it's needed. With a new Atty maybe you'll be able to go forward. I'll watch to see how it plays out.
If McKay was involved and aware of the corruption you describe he'd have been a fool in my book to have cried foul. The smarter thing would have been to learn and leave before more serious problems for him occurred.

[cwheckman1]

John McKay opposed my lawsuit against the U.S. Department of Agriculture and the Washington State Department of Ecology, which had agreed to blacklist me for all civil service employment because I had served two combat tours in Vietnam and because I reported that two Forest Service employees offered me $20,000 to withdraw from a Federal selection (confirmed by the Office of Special Counsel). McKay's team not only succeeded in having my lawsuit dismissed before discovery to prevent me from obtaining any more incriminating documents against these agencies, they ignored several misdemeanors and felonies committed by government employees that were clearly evident from the documents I had submitted.
McKay is guilty of protecting felons in the civil service and violating the civil rights of veterans. Anyone doubting that he deserved to be fired can have copies of my documents from the lawsuit, including the opinion of Judge Bryan that government employees are protected from any consequences from engaging in organized criminal activities by the doctrine of sovereign immunity.
I do no agree with everything President Bush has done, especially with regard to the treatment of veterans, but he certainly did the right thing when he removed McKay. I will defend this point in any forum, public or private.

[kclaf]

What is so difficult to understand here.
1. All AG's turn in resignations when new President of different political party takes office.

2. This is always done! No matter which political party has been put in place.

3. New AG's are put in place, after Senate hearings and confirmation.

4. This political regime (present one) has fired their own AG's to put in place other AG's.......but this time around without having to have congressional hearings or confirmations as this political party slid a piece into the Patriot Act stating that they no longer have to have a senatorial hearing and confirmation to place an AG.

It's not complicated at all and has nothing to do with Clinton.......get over the Clinton thing people. The present president gave himself the ability to seat AG's without the former 'bother' of having to have it confirmed.

Does that clear up what many people are very upset over for you???? Also, his buddy Gonzales lied....again! Also, the AG's that were fired appear to have not kissed butt to this administration......they actually followed the LAW.......Oh horrors! Definitely grounds for dismissal with this administration.

[jt92202]

I am a resident of WA State and I will tell you many people here was outraged that the election in question was rigged!! Lost ballets, many discrepency's, found ballets 2 months later after the decision was made not to take a look at the election! Would have it made a difference? NO this state is for *** libs and is going into the crapper because of them!!! Did McKay serve our state properly, not in the aspects of the election problems, NOBODY in this state trusts our elections because of the last few elections we have had. They are run very poorly and who's responsiblity is it to make sure that they are run properly? HIS and the rest of the incompetant polititions here in the state!! Most people here thinks all of them should be fired!!! Just because you read a story that makes someone look like a victim doesn't mean they are!!! Take a look at the stories in the past 7 years of elections in the Seattle Times or any other WA State papers (Spokane paper may be for fair then a Seattle paper) and then you can decide if he did his job or not!!

I FOR ONE AM TIRED OF ALL POLICTIONS, DEM'S, GOP'S, LAWYERS, JUDGES, ECT..........

[gunnerv1]

"John McKay Says White House Didn't Like His Handling Of Disputed Election" The operative words here are "DIDN'T LIKE". That alone is grounds for termination. If your unhappy with an employee, you have that right to terminate, drastic as it maybe, but you still have that right as an employer.. Remember "Serve at the pleasure........."

[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.....

[processorr2]

thgdriver

I agree. This guy McKay probably had something to do with that Waco travesty. It's an outrage.

[homespunlady]

Over 300 children died in Jonestown, a nursery full of babies in the federal building bombing, countless innocents in the recent wars and yes the children LOCKED in a closed up room at Waco. In my eyes All were needless.

[homespunlady]

thgdriver: I remember Waco and heard about Ruby Ridge. I also had the sad duty of helping with the military part of the funeral for the Congressman that was murdered at Jonestown and have never forgotten the foster kids that were also taken out of the country and murdered at Jonestown.
I think it's a question of abuses of power by people that think they're God and don't consider what it might do to the innocent.

[thgdriver]

homespunlady

What about the 93 that Janet "Child killer" Reno fired in 1993, any slackers in that bunch?? You make me laugh!!

[homespunlady]

Read the bios in the sidebar for these people. Not a slacker in the bunch and at least 6 of the 8 were put in the job by W. Awesome prosecution records Katrina fraud cases, several terrorism cases, immigration cases and improvements, Duke cunningham and his bunch, Balco case etc.
Maybe it's the highprofile some of these people had that was the problem?
I know if I was handed a justifiable reason to leave I'd have sucked it up, buried it in my resume and moved on. I think they deserve an honest answer rather than evasion. Preferably in private.

[thgdriver]

Why should Gonzales resign?? Janet Reno killed 17 Children in Waco Texas, she was in Charge when a FBI agent shot a 14 year old in the back as he ran away, Killed his mother the next day as she held a baby in her arms in Ruby Ridge. What about the little Gonzales boy who was ripped out of his Aunt's arms in Florida and sent back to Fidel's Commie Cuba. Did she resign after the "heinous" murder of these children???? NO.

Al Gonzales is an angel when compared to that Child murdering bitc*.

[thgdriver]

Sour grapes, nothing more nothing less. When Janet "Child killer" Reno fired all 93 U S attorney's in 1993 it was politics as usual. I don't remember CBS even making it news. These people serve at the will of any president when a new president comes in they know their jobs are probably ended. I ain't saying it's right, but that is just the way it is.

[homespunlady]

From what I've read, the firings went down on December 7th -Pearl Harbor Day ("A day that will live in infamy"). Aside from totally wrecking the holidays for those that were fired there does seem to be a really, really twisted sense of irony in choosing that day.

[j4401]

I am certainly glad I do not spend my day fetishing about "libs" and "Clinton."

[vcjr01]

Hasn't anyone considered investigating the US Attornies that obliously played ball with the Bush crowd and weren't fired. It would be interesting to see what they had to do to protect their jobs. This should make all recent prosecutions subject to review for undue political interference.

[homespunlady]

I'd hate to be in the position these people have been placed. It looks like a no win situation. Either give up your ethics and run the risk of being caught and accused of corruption or worse or run the risk of losing your appointment and be dragged through public humiliation and speculation without being given an open honest reason for the action. What horrible thing have they done?
The Mafia couldn't be more blackmailing. It leaves me wondering about the federal attys that KEPT their jobs. Have they "bent the rules" or worse?? How Many "went along" or "overlooked" or sold the Ameican people out to save their jobs?
Whether this was justified or not there's a lot of US citizens that have lost even more trust in what was labeled an "impartial" position and I'm sure a lot of bad guys that now think their replacements CAN BE BOUGHT.

[homespunlady]

I'm more concerned on the terrorism & corruption angle. I really don't think those 2 areas are separate and one can lead to another.
So far I've read that 2 of the highest terrorism and corruption attys have been fired. Doesn't that send the wrong message? There was a similar situation when the TOP Al Quaeda expert was fired shortly before 9/11 happened. Will it contribute to another horrendous disaster down the road???

[skyk-2009]

The subpeonas are coming boys!! It's showtime.


Posted by frankly6 at 10:49 AM : Mar 15, 2007
+ report this comment

You got that right!! We are about to see first hand, how badly the Fascist in the last congress dropped the ball AND we're going to see just how a congress is supposed to act. OVERSIGHT does not mean Rubber stamp everything they want. It's great to be alive right now though... watching a bunch of Nazi's twist in the wind is so much fun.