Senators weigh PATRIOT Act attorney provision

Senate Judiciary ranking member Arlen Specter, R-Pa., Tuesday said he would support a bid to reverse a provision in the USA PATRIOT Act that helped facilitate what Democrats charge was the improper dismissal of seven U.S. attorneys.

Denying an accusation by Sen. Charles Schumer, D-N.Y., that the provision was "slipped into the PATRIOT Act in the dead of night" on his watch, Specter said he discovered it recently and agreed "We ought to change it back to what it was."

The provision authorizes the attorney general to appoint interim U.S. attorneys for indefinite periods.

A bill by Sen. Dianne Feinstein, D-Calif. to change the appointment procedure is scheduled to be voted on in the committee Wednesday.

Deputy Attorney General Paul McNulty defended the provision and said turnover in U.S. attorneys was normal. He pledged to go over each case in detail in private with the committee.

McNulty conceded that one individual who was singled out, U.S. Attorney Bud Cummins, was not fired for cause.

He said Cummins was asked to make way for interim appointment of Tim Griffin, who news reports have linked with White House adviser Karl Rove.

The other six U.S. attorneys who left were asked to resign for cause, according to McNulty, who said he preferred to discuss their situations in a closed session. Schumer said he was determined to obtain all records including evaluations of those involved, and would consider using subpoena power if necessary.

Hearing Schumer's accusations that politics might have played an improper role in the dismissals and replacements "is like a knife in my heart," McNulty said. "The attorney general and I love the Justice Department." Schumer retorted, "What I have seen happening in the Justice Department is like a knife in my heart."

Schumer said several U.S. attorneys "were apparently fired with no real explanation" and were "seemingly removed merely to make way for political up-and-comers."

McNulty said the administration should have the power of making interim appointments, but declined to give an opinion on returning to the old system.

The previous statute authorized the attorney general to make interim appointments for 120 days, and if no nomination of a full-time replacement was made by then, a district court judge would make another interim appointment.