Front Page  news  washington

Friday, April 25, 2008

Public Letter of Qualified Admonition from Senate (PDF)

Domenici's Response (PDF)

From Albuquerque Journal archives
Domenici Sought Iglesias Ouster (April 15, 2007, Copyright Albuquerque Journal story by Mike Gallagher)
Iglesias Tells Congress Domenici, Wilson Leaned on Him (March 7, 2007, by Michael Coleman, Journal Washington Bureau)

Recent News about David Iglesias

---

Ethics Panel Rules On Call

By Michael Coleman
Copyright © 2008 Albuquerque Journal; Journal Washington Bureau
    WASHINGTON— The Senate ethics committee says Sen. Pete Domenici never should have picked up the phone, but found "no substantial evidence" he tried to improperly influence a federal investigation when he made a late-night call to then-U.S. Attorney David Iglesias in October 2006.
    The Senate's Select Committee on Ethics issued its finding Thursday night in a "Public Letter of Qualified Admonition" to New Mexico's longtime Republican senator.
    Domenici, who plans to retire in January after 36 years in office, called the finding favorable but apologized in a written statement.
    "I am gratified the Senate ethics committee has concluded its inquiry favorably," Domenici said. "Nevertheless, I regret the distraction this controversy has caused my colleagues, my staff, my family, and most importantly, my constituents."
    The committee letter both exonerated and criticized.
    "The committee finds no substantial evidence to determine that you attempted to improperly influence an ongoing investigation," the letter said.
    "The committee does find that you should have known that a federal prosecutor receiving such a telephone call, coupled with an approaching election which may have turned on or been influenced by the prosecutor's actions in the corruption matter, created an appearance of impropriety that reflected unfavorably on the Senate."
    Iglesias did not report the Domenici call to his superiors. He first disclosed it after a Justice Department official told Congress in February 2007 that Iglesias and other U.S. attorneys had been fired for "performance-related issues."
    Iglesias, now working in the private sector in Albuquerque, described the ethics committee's letter Thursday as an official reprimand.
    "I am pleased that the Senate ethics committee has chosen to publicly admonish Senator Domenici for his improper actions," Iglesias said. "I trust this will serve as a warning to other members of Congress that contacting United States attorneys in this manner is impermissible and unacceptable behavior."
    The former prosecutor went on to say the "official reprimand to a senior senator who knew better has revived my confidence in the rule of law and the sanctity of a prosecutor's independence."
    Pat Rogers, a Republican lawyer in Albuquerque, became involved in the Domenici controversy when he met with Justice officials in Washington to complain about Iglesias in June 2006.
    Rogers said Thursday that Iglesias was exaggerating the severity of the ethics committee ruling.
    "A qualified admonition is the weakest form of action possible," Rogers said. "No rule was violated."
    "For David Iglesias to attempt to declare victory in the face of this rejection of his ridiculous claims brings to mind his public statement that losing 22 of 23 counts in the (former state Treasurer Robert) Vigil trial was a great victory for the people of New Mexico."
   
Wilson's call
    The ethics committee looked into whether Domenici acted improperly when he called Iglesias at home in Albuquerque in October 2006 and asked if federal indictments would be issued before the November elections in a public corruption probe involving prominent Democrats.
    The committee ruling ends the inquiry and means Domenici won't have to participate in a formal committee hearing.
    At the time of the call, Rep. Heather Wilson, R-N.M., a Domenici protégée, was locked in a tight general election contest with Democrat Patricia Madrid, then the state attorney general.
    Iglesias has said Wilson called him about 10 days before Domenici did to inquire about "sealed indictments" in the corruption case.
    Iglesias told Congress last year he "felt pressured" by the calls and "sick" afterward. Domenici and Wilson have both denied pressuring Iglesias to issue the indictments.
    Wilson, who is now seeking Domenici's Senate seat, could not be reached for comment Thursday night. A spokesman said, "The congresswoman is pleased the Senate ethics committee has concluded its inquiry favorably. Sen. Domenici apologized again today, as he did last March, for the distraction this caused and his apology should be accepted."
    Domenici's attorney declined to comment beyond the senator's written statement.
   
Attorney purge
    The controversy— part of a larger purge of U.S. attorneys that ultimately cost former U.S. Attorney General Alberto Gonzales his job— marred Domenici's second-to-last year in office.
    The ethics complaint compelled the senator to hire a prominent Washington defense attorney, Lee Blalack. Over the past year, the ethics panel has taken testimony from Domenici and some of his top aides, including chief of staff Steve Bell, who was present at the time of Domenici's call.
    The Justice Department fired Iglesias on Dec. 7, 2006, two months after Domenici placed his call. Domenici had complained to Gonzales about Iglesias' job performance starting in the summer of 2005, long before the 2006 election controversy. Other prominent New Mexico Republicans had also complained about Iglesias' job performance.
    Democrats in Congress argued that Iglesias' firing was part of a larger Justice Department purge of U.S. attorneys who refused to comply with Bush administration political directives. U.S. attorneys are supposed to be immune to political pressure.
    Earlier in 2006, before Domenici called Iglesias, the Journal reported that the FBI was investigating possible kickback schemes in connection with the construction of two courthouses in Albuquerque. The probe stemmed from a civil lawsuit in which former state Senate President Pro Tem Manny Aragon, one of the state's most prominent Democrats, was mentioned.
    Aragon and others implicated in the probe have since been indicted and await trial in Albuquerque.
    Iglesias testified to Congress in March 2007 that Wilson phoned him on Oct. 16, 2006, to ask about "sealed indictments." Wilson has said she didn't ask Iglesias about timing or exert pressure.
    Domenici called about 10 days later— according to Iglesias' sworn congressional testimony— to ask whether indictments would come "before November," which Iglesias said he interpreted as meaning before the Nov. 7, 2006, general election.