Not political at all

Even if our elite pundits are bored by it, it seems that the majority of Americans do find the firings of federal prosecutors by the Bush administration to be political and unsavory.

Two thirds of Americans, including a narrow majority of Republicans, see political motivations behind last year's firings of eight chief federal prosecutors. But the nation is deeply divided along partisan lines about whether Attorney General Alberto R. Gonzales should lose his job over the scandal.

The latest Washington Post-ABC News poll finds that Gonzales faces a broadly critical public as well as congressional scrutiny about the firings of the U.S. attorneys.

Gonzales wrote a column in the Outlook section of The Washington Post yesterday describing his role in the matter; he testifies tomorrow before the Senate Judiciary Committee.

In the poll, 67 percent said they believed the prosecutors were fired by the Justice Department for political reasons, not on the basis of their performance. About eight in 10 Democrats and two-thirds of independents said they saw political motivations behind the firings of the U.S. attorneys, an attitude shared by 53 percent of all Republicans surveyed.

Could tales such as this factor into their conclusions?

The United States Court of Appeals for the Seventh Circuit, which heard Ms. Thompson’s case this month, did not discuss whether her prosecution was political — but it did make clear that it was wrong. And in an extraordinary move, it ordered her released immediately, without waiting to write a decision. “Your evidence is beyond thin,” Judge Diane Wood told the prosecutor. “I’m not sure what your actual theory in this case is.”

Members of Congress should ask whether it was by coincidence or design that Steven Biskupic, the United States attorney in Milwaukee, turned a flimsy case into a campaign issue that nearly helped Republicans win a pivotal governor’s race.

There was good reason for the appeals court to be shocked. Ms. Thompson, a 56-year-old single woman, seems to have lost her home and spent four months in prison simply for doing her job. Ms. Thompson, who spent years in the travel industry before becoming a state employee, was responsible for putting the state’s travel account up for competitive bid. Mr. Biskupic claimed that she awarded the contract to an agency called Adelman Travel because its C.E.O. contributed to Mr. Doyle’s campaign.

To charge her, Mr. Biskupic had to look past a mountain of evidence of innocence. Ms. Thompson was not a Doyle partisan. She was a civil servant, hired by a Republican governor, with no identifiable interest in politics. She was only one member of a seven-person committee that evaluated the bidders. She was not even aware of the Adelman campaign contributions. She also had a good explanation for her choice: of the 10 travel agencies that competed, Adelman submitted the lowest-cost bid.

While Ms. Thompson did her job conscientiously, that is less clear of Mr. Biskupic. The decision to award the contract — the supposed crime — occurred in Madison, in the jurisdiction of Wisconsin’s other United States attorney. But for reasons that are hard to understand, the Milwaukee-based Mr. Biskupic swept in and took the case.

While he was investigating, in the fall of 2005, Mr. Biskupic informed the media. Justice Department guidelines say federal prosecutors can publicly discuss investigations before an indictment only under extraordinary circumstances. This case hardly met that test.

The prosecution proceeded on a schedule that worked out perfectly for the Republican candidate for governor. Mr. Biskupic announced Ms. Thompson’s indictment in January 2006. She went to trial that summer, and was sentenced in late September, weeks before the election. Mr. Biskupic insisted in July, as he vowed to continue the investigation, that “the review is not going to be tied to the political calendar.”

But the Thompson case was “the No. 1 issue” in the governor’s race, says the Wisconsin Democratic Party chairman, Joe Wineke. In a barrage of commercials, Mr. Doyle’s opponents created an organizational chart that linked Ms. Thompson — misleadingly called a “Doyle aide” — to the governor. Ms. Thompson appeared in an unflattering picture, stamped “guilty,” and in another ad, her name was put on a graphic of jail-cell doors slamming shut.

Most of the eight dismissed prosecutors came from swing states, and Democrats suspect they may have been purged to make room for prosecutors who would help Republicans win close elections. If so, it might also mean that United States attorneys in all swing states were under unusual pressure.

Wisconsin may be the closest swing state of all. President Bush lost it in 2004 by about 12,000 votes, and in 2000, by about half that. According to some Wisconsin politicians, Karl Rove said that their state was his highest priority among governor’s races in 2006, because he believed a Republican governor could help the party win Wisconsin in the 2008 presidential election.

Willing to look past mountains of evidence to put an innocent woman in jail for doing her job competently in order to gain political advantage.

It would be shrill to call for impeachment now, wouldn't it?