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Wilson admits she called Iglesias

Constituent's concern prompted move, she says

By James W. Brosnan, Kate Nash
Tuesday, March 6, 2007

Smart Box

Rep. Heather Wilson's statement regarding her phone call to then-U.S. Attorney David Iglesias:

"I want to comment directly on media reports over the last week concerning the dismissal of U.S. Attorney David Iglesias.

Throughout last year, there was extensive reporting and widespread public discussion about corruption in New Mexico. There was a lot of frustration expressed to me by many New Mexicans about the slow pace of federal prosecutions in response to these problems.

In the fall of last year, I was told by a constituent with knowledge of ongoing investigations that U.S. Attorney David Iglesias was intentionally delaying corruption prosecutions. This allegation was deeply troubling to me. While I shared public frustration with the pace of prosecutions, I have always thought Mr. Iglesias to be an honorable man who would not do something like that.

I called Mr. Iglesias and told him the allegation, though not the source.

Mr. Iglesias denied delaying prosecutions. He said he had very few people to handle corruption cases.

I told him that I would take him at his word, and I did.

My call was not about any particular case or person, nor was it motivated by politics or partisanship. 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. The conversation was brief and professional.

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.

I never discussed this matter or anything related to Mr. Iglesias' performance as U.S. attorney with the Justice Department at any time. The (Bush) Administration's decision to dismiss David Iglesias was made without input from me and no one in the administration asked for my input.

The Department of Justice will have to explain why they let Mr. Iglesias go and why they have made public comments about his performance."

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WASHINGTON — U.S. Rep. Heather Wilson has ended six days of silence about the firing of former U.S. Attorney David Iglesias, just hours before he was set to testify in Congress, saying she too called him at the request of a constituent.

Wilson's statement, released late Monday, mirrored one by Sen. Pete Domenici on Saturday. Both Albuquerque Republicans acknowledged they were the unnamed members of Congress who Iglesias said called him in the run-up to the Nov. 7 elections, but both denied they pressured him in any way regarding pending investigations.

Both also said they called the U.S. Attorney's Office on behalf of constituents, which members of Congress are allowed to do under congressional ethics rules. Calling to put pressure on a federal officer is not permitted.

Wilson said she called Iglesias in mid-October to inquire about the pace of a public corruption investigation purportedly involving Democrats.

"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," she wrote.

"The conversation was brief and professional."

Wilson has declined to talk to New Mexico news media about the situation.

She released the statement amid heat from Democrats to talk and amid queries from political wags wondering why she refused to break her silence. At the time of her call, she was in a dead heat re-election campaign against then-state Democratic Attorney General Patricia Madrid, whom Wilson had accused of being soft on government corruption.

The Democratic Congressional Campaign Committee on Monday called on her to address the issue, and a citizens' group said it was prepared to file an ethics complaint against her as soon as Iglesias testified.

"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?"

Wilson had maintained she would not comment because Iglesias' ouster was a "personnel matter" within the Department of Justice.

In her statement, Wilson said constituents had complained about "the slow pace of federal prosecutions" in corruption cases.

One constituent, whom she did not identify, said, "Iglesias was intentionally delaying corruption investigations," Wilson wrote.

She also said she wanted to help Iglesias.

"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.

Iglesias is scheduled to testify today before the Senate Judiciary Committee and a House Judiciary subcommittee along with other U.S. attorneys the Justice Department asked to resign in December.

Cable channel C-SPAN3 will carry the first hearing, which was to begin at 8 a.m. MST.

The firings of Iglesias and seven other U.S. attorneys has created a political tempest in Washington. On Monday, Citizens for Responsibility and Ethics in Washington filed an ethics complaint against Domenici.

The group is pondering a similar complaint against Wilson. But CREW Executive Director Melanie Sloan said, "I'm not holding my breath" that either the House or the Senate will act on a complaint.

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 has acknowledged calling Iglesias about a probe of alleged corruption during the construction of Albuquerque's Metro Courthouse and other government buildings. Sources say the investigation centers on at least one powerful Democrat.

Domenici on Monday would not respond to questions 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. Matt Farrauto, executive director of the New Mexico Democratic Party, said the "U.S. attorney scandal" has prompted Democrats "to saddle up for another battle with the remaining elements of the corrupted Republican Congress."

"Congresswoman Wilson was lucky last election, able to survive with only her nose above the rising tides of change, but this abuse of political power gives voters one more reason to band together as Democrats and oust her in 2008," he said.

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.