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Iglesias speaks to Senate committee
Iglesias says Domenici, Wilson pressured him on corruption case
Dennis Cook/Associated Press
Former U.S. Attorney David Iglesias testifies before the Senate Judiciary Committee today in Washington. Beside him is Carol Lam, the former U.S. attorney in San Diego and one of four who testified.
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WASHINGTON Fired U.S. Attorney David Iglesias testified today that he "felt sick" after an October phone call from his onetime mentor, U.S. Sen. Pete Domenici, asking whether indictments in an Albuquerque corruption case would be issued before the November elections.
"He asked, `Are those going to be filed before November?' " Iglesias told the Senate Judiciary Committee. "I said I didn't think so. He said, `I'm very sorry to hear that.' And then the line went dead.
"I felt sick afterwards," Iglesias said. "I felt leaned on to get this moving."
Iglesias, the U.S. attorney for New Mexico, also testified about an October phone call from U.S. Rep. Heather Wilson, who was locked in a re-election battle with then-state Attorney General Patricia Madrid. Iglesias said Wilson asked him about "sealed indictments" in the case.
Iglesias told the committee that he believed the brief phone calls from the two Albuquerque Republicans in the weeks prior to the Nov. 7 elections were an attempt to involve his office in the 1st Congressional District battle.
Iglesias also revealed in the first of two high-profile congressional hearings today that he had been warned by a fellow fired U.S. attorney that the Justice Department might retaliate if he testified before Congress.
Iglesias said Wilson called him about Oct. 16 and said "she had been hearing about sealed indictments. What can you tell me about sealed indictments?"
"Red flags went up," Iglesias said. "We cannot talk about sealed indictments."
Iglesias said he responded that prosecutors occasionally seal indictments in national security cases, "and she was not happy with that answer."
Domenici called Iglesias at his home about two weeks later and also asked about the investigation into kickbacks in a courthouse construction contract purportedly involving high-profile Democrats.
The Justice Department asked for Iglesias' resignation six weeks later.
Sen. Arlen Specter, a Pennsylvania Republican, asked Iglesias why he did not report the calls to the Justice Department, as he was required, noting that the immediacy of a complaint adds to a witness's credibility.
Iglesias responded that he did not do so because he felt loyalty to Domenici as a mentor and Wilson as a "friend and ally."
But he changed his mind about going public in mid-January, he said.
"Loyalty is a two-way street," he said. "I think they (Domenici and Wilson) were behind me being asked to resign."
Conflicting stories
Today was the first time Iglesias named the two members of Congress who he said in interviews with the media last week had contacted him.
Iglesias' testimony today contradicted the public statements of Domenici and Wilson on some points. Domenici, who initially told reporters last week that "I have no idea what he (Iglesias) is talking about," this weekend acknowledged making the phone call. But he denied pressuring Iglesias and made no mention of asking Iglesias specifically about indictments "before November."
Wilson, who last week declined to comment on Iglesias' statement by saying it was a personnel matter, on Monday released a written statement saying she had made the phone call on behalf of a constituent. Her statement said she called to discuss an allegation that Iglesias was moving slowly on the indictments and that he told her he had very few people to deal with corruption cases.
Iglesias today denied they discussed resource issues in the call.
Today's hearing also resulted in the release of a Feb. 20 e-mail from H.E. Cummins, another fired U.S. attorney from Little Rock, in which he told Iglesias and four other fired U.S. attorneys that a senior Justice Department official had told him if they persisted in talking to the media the department "would feel forced to somehow pull their gloves off and offer public criticisms to defend their actions more fully."
Cummins said he personally believed the warning from Mike Elston was a "big deal," but he felt obliged to tell his fired colleagues before they gave any more interviews.
Iglesias said he took the e-mail "as a warning shot across the bow."
"It didn't intimidate me. It made me angry," said Iglesias, who has noted that he had received positive job evaluations prior to his firing.
A Justice Department official was scheduled to testify this afternoon at a hearing of a House Judiciary subcommittee where Iglesias and three other fired U.S. attorneys were also scheduled to testify.
Pressure rising
Today's testimony is likely to step up pressure on the House and Senate ethics committees to investigate the phone calls by Domenici and Wilson.
Wilson ended six days of silence about the firing Monday. Both Domenici and Wilson contend they were calling Iglesias on behalf of constituents, which members of Congress are allowed to do under congressional ethics rules. However, calling to put pressure on a federal officer is not permitted.
"I did not ask about the timing of any indictments, and I did not tell Mr. Iglesias what course of action I thought he should take or pressure him in any way," Wilson wrote in her statement.
"The conversation was brief and professional."
Wilson has repeatedly declined to talk to New Mexico news media about the situation.
She released the statement amid heat from Democrats to talk and queries from political wags wondering why she refused to break her silence. At the time of her call, she was neck-and-neck with Madrid, whom Wilson had accused of being soft on government corruption.
The Democratic Congressional Campaign Committee on Monday called on Wilson to address the issue, and a citizens' group filed an ethics complaint against her today.
"Heather Wilson's silence is deafening," said Jennifer Crider of the Democratic Congressional Campaign Committee in a statement Monday. "If she didn't do anything wrong, why won't she say so?"
In her initial statement, Wilson said a constituent, whom she did not identify, said, "Iglesias was intentionally delaying corruption investigations." She also said she wanted to help Iglesias.
In a statement released today, Wilson said the constituent was someone "with knowledge of ongoing investigations." She called the allegation against Iglesias "deeply troubling."
During her phone call to Iglesias, Wilson said, he denied any intentional delay.
"If the purpose of my call has somehow been misperceived, I am sorry for any confusion. I thought it was important for Mr. Iglesias to receive this information and if necessary, have the opportunity to clear his name," she said.
A political tempest
The firings of Iglesias and seven other U.S. attorneys have created a political tempest in Washington. On Monday, Citizens for Responsibility and Ethics in Washington filed an ethics complaint against Domenici and a similar complaint against Wilson today.
But CREW Executive Director Melanie Sloan said, "I'm not holding my breath" that either the House or the Senate will act on the complaints.
In the House, CREW would first have to find a member willing to sponsor the complaint against Wilson, because the ethics committee is not required to consider complaints by outside groups. The ethics committee could investigate on its own initiative, but rarely does so.
Domenici would not respond to questions Monday about the ethics complaint. But Steve Bell, Domenici's chief of staff, told The Tribune that it's "probably 50-50" whether the ethics committee will consider the complaint.
CREW contends Domenici violated Senate rules by interfering in an investigation.
"You don't call right before an election about a pending corruption investigation," Sloan said.
But Bell said the call in mid-October was not a violation of ethics rules because it had been publicly reported that the FBI had turned over its information to Iglesias, and constituents were asking Domenici what was going on.
CREW is known for filing complaints against Republicans, but its complaint drew support Monday from a more conservative group.
Judicial Watch President Tom Fitton said politics should be kept out of corruption investigations, and if Domenici had a question about the investigation he should have contacted Justice Department officials in Washington, not the U.S. attorney in charge of the case.
Carl Tobias, a professor of law at the University of Richmond who has studied ethics law, said there may need to be an investigation to determine what was said to Iglesias and whether the timing was politically motivated.
"It isn't clear to me there is a violation, but sometimes the appearance is just as bad as the reality," Tobias said.
If found guilty of ethics violations, Domenici or Wilson, theoretically, could face penalties ranging from a private admonishment to expulsion, but Tobias predicted at most it would be "a slap on the wrist."
Justice Department spokeswoman Tasia Scolinos confirmed that Domenici called U.S. Attorney General Alberto Gonzales three times - in September 2005 and January and April 2006 - to urge him to replace Iglesias. He also called Deputy Attorney General Paul McNulty with the same message in October. Scolinos said Domenici raised several "general concerns" about Iglesias but did not refer to any specific case in any of the calls.
Domenici had recommended President Bush appoint Iglesias in 2001. Bell said the disenchantment with Iglesias began in 2003 with the failure to convict David Hudak, a Canadian accused of gun violations while running an anti-terrorism school near Roswell.
Bell said Domenici's displeasure grew with Iglesias' handling of other, bigger cases and the deployment of resources to deal with crimes involving illegal immigration and border security.
Sen. Jeff Bingaman, a Silver City Democrat, told reporters he thought Iglesias was doing a good job, although he shared Domenici's concerns about whether the office had enough resources to deal with illegal immigration.
Meanwhile, Domenici found out Monday just how big a media sensation the case has become.
Nine camera crews and dozens of reporters showed up for a news conference at the Capitol, where Domenici and several other senators announced the re-introduction of legislation to increase spending on science and engineering education and research by $16 billion over four years.
When asked about the Iglesias affair, Domenici referred a reporter to his previous statement.
Iglesias' firing has fired up Democrats in New Mexico, as well.
Gov. Bill Richardson - who is seeking the Democratic presidential nomination - said the calls Iglesias received should be investigated.
"I'm very troubled by it. I think David Iglesias was a good law enforcement official, and it was inappropriate for political leaders to call and pressure him, totally inappropriate. And it should be thoroughly investigated," the governor said.

