Kyle Sampson - The U.S. Attorneys Dismissal Controversy

The U.S. Attorneys Dismissal Controversy

Sampson and Harriet Miers created a list of U.S. Attorneys to be fired, as shown by emails produced for a Congressional investigation, and Sampson coordinated the execution of the plan. "Miers had pushed to fire them all," and Administration officials "were determined to dismiss those they considered the weakest performers." Sampson, "at the behest of the White House," conducted "a review to determine which of the ninety-three U.S. attorneys around the country should be let go." "Sampson had good political instincts, having worked on Capitol Hill for Senator Orrin Hatch before moving to the White House counsel's office to work for Gonzales." Sampson wrote in an email to Miers that he was

"concerned that to execute this plan properly we must all be on the same page and be steeled to withstand any political upheaval that might result. If we start caving to complaining US Attorneys or Senators then we shouldn't do it -- it'll be more trouble than it's worth. We'll stand by for a green light from you."

Sampson resigned after Attorney General Alberto Gonzales—under pressure from Congress—agreed that the Justice Department would turn those emails over to Congress and would make Department staff, including Sampson, available to testify about the firings. Sampson "was seen within the Justice Department as a workaholic chief of staff who managed to keep things moving for Gonzales. When Sampson resigned . . ., Gonzales was left . . . rudderless."

According to one commentator, "Had Republicans still been in power, there would have been no controversy, no investigation." After all, "United States attorneys are political appointees who serve at the pleasure of the president, and during changeovers in administration, they are replaced as a matter of standard practice." But in 2007, Republicans were no longer in power.

As a result of the dismissal of the eight U.S. Attorneys, many senators called on Attorney General Alberto Gonzales to resign as well. Senator Charles E. Schumer, the first senator to call for Gonzales's resignation, believes Gonzales should have resigned, not Sampson. According to Schumer, "it raises the temperature. Kyle Sampson will not become the . . . fall guy.". The New York Times reported that "Mr. Gonzales, who approved the idea of the group firing, has been under fierce criticism from lawmakers of both parties over the dismissals, which have provoked charges that they were politically motivated." Gonzales resigned on September 17, 2007.

On July 21, 2010, Nora Dannehy, the special prosecutor tasked with investigating the attorney dismissals, concluded that "there was insufficient evidence to establish that persons knowingly made material false statements to or Congress or corruptly endeavored to obstruct justice" and that no criminal charges would be filed against Sampson or Gonzales.