SMRs and AMRs

Wednesday, August 01, 2007

U.S. Attorney Became Target After Rebuffing Justice Dept.

By Amy Goldstein and Carrie Johnson
Washington Post

The night before the government secured a guilty plea from the manufacturer of the addictive painkiller OxyContin, a senior Justice Department official called the U.S. attorney handling the case and, at the behest of an executive for the drugmaker, urged him to slow down, the prosecutor told the Senate Judiciary Committee yesterday.

John L. Brownlee, the U.S. attorney in Roanoke, testified that he was at home the evening of Oct. 24 when he received the call on his cellphone from Michael J. Elston, then chief of staff to the deputy attorney general and one of the Justice aides involved in the removal of nine U.S. attorneys last year.

Brownlee settled the case anyway. Eight days later, his name appeared on a list compiled by Elston of prosecutors that officials had suggested be fired.

Brownlee ultimately kept his job. But as Attorney General Alberto R. Gonzales confronts withering criticism over the dismissals, the episode in the OxyContin case provides fresh evidence of efforts by senior officials in the department's headquarters to sway the work of U.S. attorneys' offices.

Justice Department officials said it was not unusual for senior members to weigh in on major criminal cases, and a spokesman, Dean Boyd, said the department "encourages healthy internal debate and discussion on complex cases like this one."

Several former federal prosecutors also said that defense attorneys routinely try to appeal to high-ranking department officials in an effort to derail prosecutions. Still, Brownlee and other former prosecutors said nighttime calls such as Elston's, coming just hours before the end of a long, complex case, are unorthodox, particularly when the department's criminal division already has signed off on a case.

(Continued here.)

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