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Justice releases notes on Iglesias

Memo: Attorney an `underachiever' who didn't `move cases'

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— As embattled Attorney General Alberto Gonzales prepares to testify before Congress about the firings of eight U.S. attorneys, a newly released Justice Department memo shows that Sen. Pete Domenici complained about the alleged failure of New Mexico's attorney, David Iglesias, to "move cases."

The memo written in February does not explain what cases Domenici, an Albuquerque Republican, thought the former New Mexico attorney wasn't moving. The person who wrote the memo, former Justice Department White House liaison Monica Goodling, has refused to testify before Congress, citing her Fifth Amendment privilege against self-incrimination.

An e-mail to Goodling also indicates she sought information on the Judge Advocate General service of Iglesias and another fired U.S. attorney, Daniel Bogden of Nevada.

The independent Office of Legal Counsel is now investigating a complaint by Iglesias that he was illegally fired because of the 40 to 45 days a year he spent with the Naval Reserve as an attorney.

The Goodling memos and e-mails were among 2,394 pages of documents released by the Justice Department on Friday to the House Judiciary Committee, which is investigating the firing of Iglesias and seven other U.S. attorneys last year.

Gonzales is scheduled to testify Tuesday before the Senate Judiciary Committee to explain why he previously denied any political reasons for the firings.

Goodling wrote about Domenici's complaint in mid-February on handwritten notes to a document that Justice Department officials were preparing in an attempt to justify the firings. Seven attorneys had been asked to resign on Dec. 7; an eighth was fired earlier.

"Domenici says he (Iglesias) doesn't move cases," Goodling wrote. Her notes also describe Iglesias as an "underachiever in a very important district," "an absentee landlord" and "in over (his) head."

In testimony to Congress shortly afterward, Justice Department officials said Iglesias was fired because he delegated too many duties to his first assistant, Larry Gomez, who is now the acting U.S. attorney. But they never mentioned Domenici's complaint.

Domenici spokesman Chris Gallegos said he could not comment on the Goodling memo.

Domenici faces a Senate Ethics Committee inquiry over a phone call he made to Iglesias in October regarding the investigation of corruption allegations in the construction of the Metro Courthouse building in Downtown Albuquerque that involved former Democratic state Sen. Manny Aragon. Corruption charges were filed against Aragon and three others late last month.

Justice Department officials have said they were unaware of Domenici's phone call or a similar call about the case from Rep. Heather Wilson, an Albuquerque Republican, when they decided to fire Iglesias.

Included in the documents released Friday is a chart with the political history of all 124 U.S. attorneys appointed by Bush and how many were members of the Federalism Society, a conservative group whose members also have been source of the president's nominees for federal judgeships.

One of the documents released Friday identifies Jim Bibb, the Republican candidate who lost the Nov. 7 election for state attorney general to Democrat Gary King, as a "possible nominee" to replace Iglesias.

Another set of memos shows that Iglesias' creation of a joint federal-state task force on voter fraud in September 2004 set off alarm bells in the office of Sen. Jeff Bingaman, a Silver City Democrat.

Bingaman's chief of staff, Stephen Ward, did not contact Iglesias directly, but did call William Moschella, assistant attorney general for legislative affairs, to ask why the task force was being formed.

"He (Ward) is unaware of any allegation of widespread voter fraud," Moschella subsequently wrote in an e-mail. "He also mentioned that they spoke to the local FBI who indicated the task force `was on thin ice' and was not sure what the bureau's involvement would be."

Bingaman's press aide, Jude McCartin, said Ward "wanted to be assured that voter intimidation would not take place."

In an e-mail, Iglesias told Justice Department officials that the task force was investigating two cases, but that he was not aware of any prosecutions that would occur before the 2004 general election. He also said the task force was aware of departmental policy not to influence the outcome of an election through "investigation or prosecution."

Justice officials decided that Bingaman could be told that the nonpartisan task force was created after the office Bernalillo County Clerk Mary Herrera contacted Iglesias' office about 3,000 suspicious registrations, but that it would avoid interfering with the election.

After the election, influential New Mexico Republicans, including Domenici, complained to the Bush administration about Iglesias not bringing any voter fraud charges.