John Mc Kay (attorney) - Appointment As U.S. Attorney

Appointment As U.S. Attorney

McKay was appointed United States Attorney by President George W. Bush in October 2001. He had received a positive evaluation seven months before he was dismissed. Among his noteworthy achievements the successful prosecution of terrorist Ahmed Ressam. Deputy Attorney General James B. Comey gave McKay the additional responsibility of overseeing a pilot program for a computer system (called Law Enforcement Information Exchange, or LInX); for his success he earned the United States Navy's highest civilian honor.

McKay was widely considered a likely candidate for elevation to the Federal bench when the seat held by Seattle U.S. District Judge John C. Coughenour opened up in 2006. He had been a top litigator, was popular with law enforcement, and a supporter of the Patriot Act. Nonetheless, he received no support from the Republicans on the judicial selection commission and soon found himself removed from his job as U.S. Attorney as well.

The Seattle Times noted in February 2007 that "One of the most persistent rumors in Seattle legal circles is that the Justice Department forced McKay, a Republican, to resign to appease Washington state Republicans angry over the 2004 governor's race. Some believe McKay's dismissal was retribution for his failure to convene a federal grand jury to investigate allegations of voter fraud in the race."

On March 17, 2007, the Seattle Times reported, "Former Republican congressman Rick White, one of three candidates the Republicans have submitted to replace John McKay as U.S. attorney for Western Washington, cannot practice law in the state. White's license was suspended by the state Supreme Court in August 2003 for failure to pay his bar dues. He was reinstated to the bar in 2005 after paying a small fee, but currently holds an 'inactive' status", which is common for attorneys that are not actively practicing law.

In congressional testimony, Kyle Sampson, chief of staff to Attorney General Alberto Gonzales, testified that McKay may have been fired at least in part because of his advocacy for a more-aggressive investigation into the murder of Assistant U.S. Attorney Thomas C. Wales of Seattle. His pursuit of the case and subsequent firing were the subjects of an article by Jeffrey Toobin in the August 6, 2007 issue of The New Yorker. Toobin noted that Gonzales assured Wales's family that the investigation was still a top priority of the Justice Department.