Marcia Coyle
The National Law Journal
April 27, 2007
While Attorney General Alberto Gonzales labors to contain political fallout from the firings of eight U.S. Attorneys, legal fallout in the field for prosecutors in public corruption, voting fraud and other cases may soon be felt, according to defense attorneys and others.
Just the appearance of political influence in cases related to those firings, combined with the recent, unusual reversal of a federal public corruption conviction in Wisconsin, some say, will spur aggressive defense lawyers to question the political motivation of prosecutors in certain cases; make magistrates and judges more skeptical of the evidence before them; and perhaps even chill line prosecutors in their pursuit of some indictments.
During an April 19 Senate Judiciary Committee hearing, Gonzales faced skepticism from Republicans and Democrats that he can lift the heavy shadow of politicization over the Justice Department caused by the firing imbroglio. Sen. Richard Durbin, D-Ill., told Gonzales, "Your conduct of this department has made it more difficult for these professionals to do their job."
In Philadelphia recently, lawyers representing indicted Democratic state Sen. Vincent Fumo publicly questioned the political motivations of the U.S. Attorney there, particularly in light of the U.S. Attorney scandal. Others -- not yet publicly -- are questioning the political motivations of a wide-ranging investigation by the U.S. Attorney's office in New Jersey into the budget process of that state's Democratic-controlled Legislature.
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