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Atty. Gen. Michael Mukasey: No criminal prosecution in Justice Dept. case

02:37 PM PT, Aug 12 2008

Atty. Gen. Michael B. Mukasey says he won't prosecute in political case

Atty. Gen. Michael B. Mukasey has decided that whatever misconduct took place when Justice Department officials decided to fire nine federal prosecutors, those responsible should not be prosecuted as criminals.

Speaking to the American Bar Assn. in New York City today, the attorney general shut the door on criminal charges in a case that has been dripping with allegations of political interference with professional law enforcement, and has been the subject of two separate investigations.

He said:

Where there is evidence of criminal wrongdoing, we vigorously investigate it. And where there is enough evidence to charge someone with a crime, we vigorously prosecute. But not every wrong, or even every violation of the law, is a crime.

So, he said, "In this instance, the two joint reports found only violations of the civil service laws."

The issue led Alberto R. Gonzales, a confidant of President Bush, to step down as attorney general last summer, amid sharp criticism of his stewardship of the Justice Department. Democrats believe that some of the dismissed U.S. attorneys were targeted because they were pursuing investigations that hurt Republicans.

Questions about the politicization of the department have entangled former White House advisor Karl Rove, current White House Chief of Staff Joshua Bolten, and former White House counsel Harriet Miers.

Justice investigators reported in June in a related matter that scores of highly credentialed young lawyers and law students were denied interviews for coveted positions at the department because of an illegal screening process that took political and ideological views and affiliations into account rather than merit.

-- James Gerstenzang

Photo credit: Mario Tama / Getty Images

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James Gerstenzang, Johanna Neuman
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James Gerstenzang and Johanna Neuman are reporters in The Times' Washington bureau. Between the two of them, they have covered the White House, diplomacy, military affairs, the environment, international economics, trade and Congress. They have both spent time in Crawford, Texas.