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Issa used media in attacking Lam; Leaked report started ball rolling against former San Diego U.S. attorney
By: WILLIAM FINN BENNETT - Staff Writer | ∞
NORTH COUNTY -- Documents released this week show that Carol Lam's tenure as U.S. attorney in San Diego began crumbling last spring with a Justice Department memo saying that she should be put on a "very short leash" and fired if that didn't work.
However, the first signs of trouble appeared in 2004, when U.S. Rep. Darrell Issa began complaining about a lack of prosecutions for human trafficking.
Issa, R-Vista, spearheaded a group of Congress members who kept up the pressure, sending more letters to the Justice Department and one to President George W. Bush. Then, in May 2006, Issa released an internal U.S. Border Patrol report to The Associated Press, and the resulting story drew national attention and stirred concerns inside the Justice Department. Within seven months, Lam was asked to resign.
Issa spokesman Frederick Hill called the North County Times on Wednesday to say that Issa had never asked that the Justice Department fire Lam, but "repeatedly told officials that the alien smuggling issue in San Diego needed to be addressed."
Thousands of pages of Justice Department documents released Tuesday appear to support the Bush administration's claim that Lam's dismissal was rooted in dissatisfaction with her job performance. A recent analysis conducted by The Associated Press showed that between 2002, when Lam was appointed, and 2006, immigration prosecutions in San Diego dropped from 2,243 to 1,715.
Lam, who now works for telecommunications giant Qualcomm, did not return a phone call seeking comment Wednesday.
Last May, Issa leaked a Border Patrol memo critical of her office's record on prosecuting those responsible for smuggling immigrants into the U.S. He did so to focus a spotlight on what he saw as Lam's unacceptable performance, according to one of his top aides.
"There was a reason why we decided to give this memo to The Associated Press," Issa spokesman Hill said Tuesday. "It ran in newspapers across the country. That is how you bring the attention of Congress to an issue they need to deal with, and it's also the first step toward building consensus."
In December, Justice Department officials asked Lam and seven other U.S. attorneys to step down, a move that is now the focus of a congressional firestorm with Democrats and some Republicans calling for Attorney General Alberto Gonzales to resign.
Some members of Congress are accusing the Bush administration of firing the prosecutors for political motives. An investigation by Lam's office in 2005 led to the guilty plea of former 50th District Republican Rep. Randy "Duke" Cunningham for bribery and tax evasion.
While Issa began questioning Lam's performance months before the start of the Cunningham investigation, some lawmakers, including U.S. Sen. Dianne Feinstein, D.-Calif., have suggested that the firing was ordered because Lam was targeting other Republican lawmakers.
The Border Patrol memo leaked by Issa resulted in a May 18 Associated Press story painting a stark picture of the job Lam was doing when it came to pursuing cases of immigrant smuggling. Lam responded by saying the document used by the congressman was "substantially altered and passed off as an official report."
In a May 23, 2006, letter to Gonzales and statement to CNN, Lam cast doubt on the authenticity of the report, which she said "contained editorial comments and conclusions that were never seen by or authorized by the Border Patrol."
The next day, Issa went on the attack.
"Your failure to address the substantive issues raised in the memo is consistent with previous news reports," he wrote, in a letter released to reporters. "You have previously disregarded my requests for information."
Pressure appeared to be building within the Justice Department over the perception created by the article.
On May 23, the same day that Lam sent her letter, Deputy Assistant Attorney General Rebecca Seidel sent a memo to Justice Department officials suggesting that the White House be brought up to speed.
"Brian, we should loop in (White House) press too," Seidel wrote.
On May 26, Deputy Attorney General William Mercer wrote a memo to another department official noting the spotlight was now on Lam.
"Regardless of the authenticity of the (Border Patrol) report, media attention is now focused on the (San Diego office's) handling of immigration cases with discussions about the office appearing on the Lou Dobbs show and in CNN general news reports," Mercer's letter read.
On May 31, Mercer sent an e-mail to Gonzales' former chief of staff, Kyle Sampson, asking what had been done to increase the number of immigrant smuggling prosecutions.
"Has (the office of the attorney general) ever called Carol Lam and woodshedded her (on) immigration enforcement?" Mercer wrote.
The next day, Sampson replied, saying Lam's office needed to, "in the very short term, generate some deliverables on immigration enforcement," and laid out a plan to "insulate the Department from criticism by improving our numbers."
The plan included:
That memo concluded with: "if she balks on any of the foregoing or otherwise does not perform in a measurable way by July 15 ... remove her."
On Aug. 2, Issa and then-House Judiciary Committee Chairman James Sensenbrenner, R-Wisc., met with Lam and four staffers to discuss her record on immigrant smuggling prosecutions.
Later that day, Lam wrote a memo to the Justice Department saying that Sensenbrenner "had a single theme he kept coming back to, which is that we aren't doing enough coyote prosecutions and that they are the key to controlling the border."
One month later, the attorney general's chief of staff, Sampson, sent then-White House Counsel Harriet Miers a memo saying that Lam was among the U.S. attorneys "we now should consider pushing out."
By early December, Justice Department officials called Lam to request her resignation. She left office Feb. 15.
To see copies of the memos and other documents, go to http://judiciary.house.gov/
-- Contact staff writer William Finn Bennett at (760) 740-5426, or wbennett@nctimes.com.
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Easy wrote on Mar 21, 2007 11:08 PM:If only more employers were more straight forward with what they wanted!!!
To NCT wrote on Mar 21, 2007 11:40 PM:Issa used a doctored version of a report to slam Lam? I want to know more - is this true?? What does the Border Patrol have to say about that?
Outraged wrote on Mar 21, 2007 11:44 PM:How dare the President replace a political appointee who serves at the pleasure of he President! How dare Congressman Issa complain about her poor performance! This is clearly an outrage that requires a snowstorm of subpoenas!!! God bless partisan America.
Pirate wrote on Mar 22, 2007 12:14 AM:Issa should be put on a short leash and then have it yanked by the voters in 2008. He is duplicitous and needs to go.
Suspicious wrote on Mar 22, 2007 1:56 AM:Interesting... Lam was extremely successful prosecuting Issa's pal Cunningham, one of the worst instances of government corruption in US history - and Issa complains that she isn't going after a comparatively small issue. Makes you wonder...
David wrote on Mar 22, 2007 2:09 AM:IMPEACH BUSH!!! Vote for Hillary!!! Think about it. It wouldn't be the first time that a Clinton had to come in and clean up after a BUSH! Like it or not people you know its true this BUSH is the worst president the United States has ever seen...in 241 years.
Randy wrote on Mar 22, 2007 2:14 AM:Politians aren't they all crooked. If you dig enough. Some just take more digging. Some it just floats to the surface. Seems that now a days that it just floats to the surface........Here she's just doing her (nonpartisan)job and bloop....bloop....bloop the politians float up to put a bad wrap on her. Republicans who needs em.
If she was doing such wrote on Mar 22, 2007 3:32 AM:a bad job, why did the DOJ praise her performance in her review??? Wouldn't they have said then and there what they expected from her?? Isn't that how employers usually do things? I am not buying this "poor performance" accusation that the they are pulling out of their hats. Also, even if the number of immigration prosecutions declined, one would think that if Ms Lamb and been advised of what the DOJ wanted her to focus on, and if they had given her enough staff to do the job, I think she would have done so and still continued to pursue the corruption cases she prosecuted. You'd think that the DOJ having "Justice" in their name would be proud to have someone in their employ that sought justice on behalf of the people of San Diego and the country, by not allowing criminals such as Cunningham to continue to get away with their crimes. You'd think that this Congressman Issa would be pleased that the criminal element was removed from the Rethug party. I guess not. They are a band of thieves, scoundrels and cads. Good for Ms. Lamb that she now works for Qualcomm. I'm sure she's working with a better class of people. Ms. Lamb I as an American, am very pleased with your performance as U.S Attorney for our district. May you have great success in your new career.
Why would Issa wrote on Mar 22, 2007 3:38 AM:need to "leak" info to the AP to get the attention of Congress? Isn't he a Congressman? As a member, does he not have a right to broach issues when in session? Seems a rather underhanded and disingenuous tactic to me.
Dubya wrote on Mar 22, 2007 4:48 AM:Even if Carol Lam never, ever prosecuted another case she was worth every nickel of her salary as US Atty (and then some) for ridding Congress of that war-profiteering sleaze-bag Cunningham. I'm sure every Republican miscreant in her jurisdiction breathes alot easier now that she's been axed an replaced by one of Bush's lackey's
jason wrote on Mar 22, 2007 6:20 AM:If she didn't prosecute coyotes, not only should she be fired, but jailed for treason
Wondering wrote on Mar 22, 2007 6:43 AM:Lam had a big job. Had she decided to focus her energies on immigration --- a sweetheart issue for Repubicans --- rather than uncovering the shennigans of Rebublican posterboy and war hawk Cunningham, she would still have her job ---- and we would still have Cunningham trading Persian rugs for military contracts. The coyotes will always be there. Cunningham's case was more pressing and important. She choose the best investment for her time and energy. And she got fired for angering partisan Repubicans on two fronts.
Randy wrote on Mar 22, 2007 6:43 AM:Vista Republican Congressman Darryl "Viper" Issa = "Loyal Bushie." The "Viper" bit U.S. Attorney Carol Lam's heel, but she is crushing his head!
Skip wrote on Mar 22, 2007 6:50 AM:This is a no brainer ! 80% of Americans are frustrated by what they see as a lack of aggressiveness on the federal government's part in enforcing Illegal Immigration. What is so hard about enforcing the laws. As of now they still have not been changed. Watch how much energy the Democrats and Republics waste over the firing of 8 Fereral Lawyers, while most of America could care less.
Reason wrote on Mar 22, 2007 7:16 AM:Only the liberal North County Times would report such an unfounded story.
Concerned-1 wrote on Mar 22, 2007 8:34 AM:It seems so easy to mix the spin here. The liberal agendi want to link Issa with W and say they wanted to stop Lam for going after conservatives. If you read the story, it says Issa was after Lam for not prosecuting illegal smugglers...before the Duke scandal broke. The issue was illegal immigration, and in that I think Issa did the right thing.
Issa True? wrote on Mar 22, 2007 8:35 AM:or Issa another slam job on Lam like Darryl did to Gray Davis?
GFN wrote on Mar 22, 2007 8:36 AM:Here are some non-partisan questions: 1. Did our Congressman "leak" or "release" the document, and was it correct for him to do so? 2. Did our Congressman leak an authorized, accurate report, or did he deliberately alter it to make Ms. Lam's performance appear inadequate so she could be fired? 3. Why hasn't our Congressman "leaked" information about the Republican administration's refusal to institute meaningful illegal immigration reform over the last six years? These questions should be answered in a straight forward, non-quibbling way. What say you, Congressman Issa?
Randy wrote on Mar 22, 2007 8:40 AM:Darryl Issa leaked an internal Border Patrol memo to the press?!? Was the memo confidential? Was the memo 'doctored?' Why would a Congressman stoop to such tactics when U.S. Attorneys serve at the pleasure of the President?
John in Carlsbad wrote on Mar 22, 2007 8:57 AM:Issa's fireing of the federal prosecutors emboldens the enemy. Issa must go.
Randy wrote on Mar 22, 2007 9:14 AM:When a member of the U.S. Congress wants to draw attention to an issue of national importance, he doesn't author legislation, write a speech, or contact the White House. He leaks an internal Border Patrol memo, to which he has liberally appended editorial comments, to the press! I never knew that Congressmen are so powerless!!
Whoa! wrote on Mar 22, 2007 9:20 AM:Wait just one minute. I want to know more about Issa and his staff using a doctored-up document in a press release. Tell us more NCTimes. I'm hooked on the story now.
Randy wrote on Mar 22, 2007 9:22 AM:"The Associated Press showed that between 2002, when Lam was appointed, and 2006, immigration prosecutions in San Diego dropped from 2,243 to 1,715." Could Operation Gatekeeper have anything to do with this drop in prosecutions?
Issa is soon to be gone... wrote on Mar 22, 2007 9:27 AM:He is afraid of what Lam would have found out about him. It is only a matter of time before Issa's own scandals start to emerge.
Doc wrote on Mar 22, 2007 9:32 AM:If it walks like a duck, has feathers, and quacks, its probably a duck. When you see more and more of them, it leaves little doubt. How many more abuses are going to surface and walk around quacking for attention.
for truth wrote on Mar 22, 2007 9:48 AM:How often did Issa write letters or memos about Bush's open borders policy? His letting border patrol agents go to prison for trying to catch illegal alien drug smugglers. Did he ever push for the impeachment of Bush for not letting law enforcement catch and deport illegals? For not fully funding the border fence? For allowing church's to harbor illegal lawbreakers? Looks like the usual neocon standard, punish those who say or do anything they don't like. What say you Issa?
Gratitude to Lam wrote on Mar 22, 2007 10:12 AM:All this BS about her job performance is just that! This attorney had successfully prosecuted the darling of the culture of corruption and was moving on to Foggo in the CIA and others. It doesn't make sense to fire her. More appropriately she should have been given a medal of honor. Issa acts like a man with a lot to hide.
Good Job, Darrell! wrote on Mar 22, 2007 10:15 AM:Keep it Up! Get rid of all the Fat sucking up our Tax Dollars and not working for it. That's why we put You in Office and we'll keep you there.
Ray wrote on Mar 22, 2007 10:29 AM:Mr. Issa we need some clarifications, and please start working for your constituents now!
Issa did the exact wrote on Mar 22, 2007 10:35 AM:right thing. He got the job done. She was a prosecutor for Southern California, a well-known area for human-trafficking. She wouldn't pursue the cases. What good is a prosecutor who represents an area of the country over run by coyotes? And to think she would not pursue this coyotes who mistreat these illegals, just isn't right.
I support Issa wrote on Mar 22, 2007 11:18 AM:for his anti ILLEGAL IMMIGRATION and I also want an AGGRESSIVE prosecution of these ILLEGAL ALIENS. I also think the ONLY reason Lam was replaced was because she prosecuted a powerful Republican. BOTH sides are not perfect.
Hillary wrote on Mar 22, 2007 11:32 AM:Lam should have not only been fired but put in prison for treason!
When right is wrong wrote on Mar 22, 2007 11:37 AM:Hey Good Job. What fat has fat cat Darrell cut? He's part of the biggest spending fest in US history. He is costing tax payers extra dollars by insisting on expensive prosecutions of low level criminals, funding a bogus war and rebuilding the money pit in Iraq, voting to expand drugs for seniors, etc. Check the tab. This guy and his cronies are NOT ficscally conservative.
To Reason or Not to Reason wrote on Mar 22, 2007 11:49 AM:NC Times helped break the Cunningham story. Issa was such a staunch supporter until RC pleaded guilty. Your comment is not grounded in reality or logic. If you want to deflect attention from a problem area (like Cunningham), then you make an issue of something else -- like prosecuting coyotes. To do that, you doctor reports to support your position. Elected reps. do that sort of thing all the time. Only now Issa's getting more scrutiny, and for good reason.
PowayPat wrote on Mar 22, 2007 1:08 PM:Blather about immigrant smuggling is just smokescreen. Issa and Hunter both recieved substantial contributions from Brent Wilkes. They wanted Lam's investigation stopped. As the old saying goes, follow the money.
to outraged wrote on Mar 22, 2007 1:10 PM:I'm outraged at you ignorance! You really should look into a brain transplant.
bill wrote on Mar 22, 2007 2:33 PM:Is this the same Issa who cried like a little girl when Arnie whipped him? Is it the same Issa who was arrested for car theft and then made a fortune selling car alarms to protect people from himself? I am not surprised he would alter and leak documents. Perhaps now the voters will dump this clown.
eugeneone wrote on Mar 22, 2007 2:44 PM:Are you all blind. What was said when slick willie Clinton upon his reelection fired all of his lawyers What is the difference? Who cares anyway if they serve at the pleasure of the president, then they can be let go at the pleasure of the president Why dont you democrats and liberals and get a life This country is going to H because of you
Bob wrote on Mar 22, 2007 2:53 PM:Fortunately, the audit on Iraq reconstruction money came out today. This should divert attention for a while. What we really need is some patriotic white girl to come up missing in Aruba.
Border Wars wrote on Mar 22, 2007 2:53 PM:Lam was fighting for the wrong side. Mexico! The next US Attorney should take note! Americans want effective border enforcement.
American woman wrote on Mar 22, 2007 3:23 PM:Darrell Issa's every movement is suspect. We have been trying to persuade him to meet with his constituents in a "real" town hall-style manner for months and months! No more of these tele-town hall meetings, Darrell. We need a face-to-face. I urge everyone to get on the horn and call Congressman Issa on his failure to answer to the people of District 49. If you have a computer, PLEASE, e-mail (good luck there), fax and telephone Rep. Issa!!! Demand a town hall meeting where we can discuss free trade, and the North American Union, as well as his poor performance regarding the continuing illegal invasion by millions of unknown, unvetted foreigners. What's up with that, Darrell?
Kasmire wrote on Mar 22, 2007 3:23 PM:Issa needs to be run out of office. He is a bully and tries to rule every politician in our area: Bono, Calvert, Hunter, Hollingsworth, and now Jeffries. Just because Lam was working to put Cunningham in jail - was she supposed to drop the case and run after the illegals. Or is he afraid he will be exposed and have the cell next to Cunningham?
Conservative1 wrote on Mar 22, 2007 3:33 PM:Congressman Issa has been doing a fine job; that is why he will be reelected in 2008. I, for one, appreciate the fact that he is one of the few members of Congress who understands that his constituents are citizens of these United, as opposed to Mexican, States.
Avista Bee wrote on Mar 22, 2007 4:03 PM:Is-s-s-s-a...sounds like a leak, or the hi-s-s-s-s made by a snake. He should have been gone the last go around. Perhaps the next time voters will get it right.
Gridharp wrote on Mar 22, 2007 4:51 PM:This is a purely partisan brohaha. Elections are just around the corner and the Demos are gearing up for it with any issue they can throw out there. Leahy has a long history of extreme partisanship. He's not credible. Bottom line: Lam wanted to set her own priorities and ignore the orders of her superiors. She took the job as a patronage, political appointee and she was fired because she was insubordinate not because she was hot on the trail of some corrupt individual. She only prosecuted Cunningham AFTER he was exposed by the press. She didn't discover anything herself. Gimme a break.
Reality Check wrote on Mar 22, 2007 5:04 PM:Oh Conservative1. Do your homework. Question authority. Issa has always been a big supporter of NAFTA. He has been pushing to close the Border Patrol check points and get Carol Lam fired, but he supports the North American Free Trade Agreement which opens our roads to Mexican truckers. Does that represent your priorities?
He should know better wrote on Mar 22, 2007 6:06 PM:Guess the political power kool-aid gets to all of these guys after awhile. Don't they realize email is a public record? Darrell it's time to retire and let a Democrat into this district anyway.
otto wrote on Mar 22, 2007 6:22 PM:will Lams replacement continue the investigation of Jerry Lewis? will he or she go after mexican smugglers aggressively? i doubt it.
donnie wrote on Mar 22, 2007 7:12 PM:Issa is the ultimate in sleaze. Poltiics in North Country is bizarre. We were all told to bow low to the war criminal the Dukster..now we have to bow low to this sleaze bag Issa. Tragic. Glad i left the area.
To Reality Check wrote on Mar 22, 2007 8:10 PM:NAFTA was signed in 1992, long before Darrell Issa was first elected to office. What does that have to do with anything? Reality check? I suggest that you do a bit of research before you criticize someone else for not doing his.
Whatszup! wrote on Mar 22, 2007 8:20 PM:Keep up the good work Issa. You know how to get the nations attention. Who leaked the info about Cunningham to the press and caused Lam to prosecute? Will that person's name every be revealed on the fold of the front page of the NCT? NOT!!
Reality Check wrote on Mar 22, 2007 9:31 PM:As a local business owner that manufactured most of his products out of the USA (now known as outsourcing) Issa was a big proponent of NAFTA and lobbied congresss along with other infkuential business leaders to pass NAFTA. I just did your research for you. I was there. I know it's true - but don't take my word for it.
ISSA SHOULD GO wrote on Mar 22, 2007 11:09 PM:Issa did the right thing to protect himself, PREAMPTIVE strike, that's what Bush advocated, should he not have made his move first, he might end up being Duke's roommate. As for Lam, should she have procecuted enought immigration cases, there would be other excuses to let her go, cause Issa don't like you, no body messes with ISSA.
Oside business owner wrote on Mar 22, 2007 11:26 PM:It is only a matter of time before Issa gets as good as he gives. Sooner or later North County citizens will open their eyes.
To Reality Check wrote on Mar 22, 2007 11:26 PM:I am beginning to understand you. Congressman Issa did not have the right to lobby for NAFTA as a business man, and - after he was elected (November 2000) - he should have spent his freshman year conducting one-man filibusters on the floor of the House until NAFTA was rescinded. The fact that a majority of the members of Congress had lobbied for NAFTA and it was signed into law nine years before Issa became a member of the House was completely irrelevant. Likewise, the fact that he wanted to close the checkpoints on I-5 and I-15 to augment the border patrol at points of entry is inconsequential. NumbersUSA gives him a "B" on his anti-illegal immigration report card and that shouldn't matter either. Thanks for doing so much research. It helped immeasurably.
More Reality wrote on Mar 23, 2007 9:35 AM:Filibusters can occur only in the Senate. I guess it is Issa's fault he did not do the impossible to stop NAFTA. But then again, he did the impossible. He actions were the seed of getting Lam fired for letting smugglers go free! A hearty GOOD JOB to Darrell Issa!
You all are fools wrote on Mar 23, 2007 11:11 AM:The people posting to this site are fools. Issa was bent that Lam wasn't doing her job, that is prosecuting Coyotes. That's why she got canned. As far as Issa being corruptible goes, he's rich already. In fact, being a congressman is a pretty shitty job, as is. He's obviously in the job bc he wants to make a difference.
The Other Shoe wrote on Mar 24, 2007 7:20 AM:Issa whipped up so much anti immigrant sentiment that he figured he could use it to get rid of the prosecutor that was closing in on his own corruption. I predict we will see him fall just like his buddy and role model, Cunningham.
Todd wrote on Mar 24, 2007 6:48 PM:A republican battle between a congressman and a Bush appointee. The appointee wasn't doing enough to make the congressman look good, so he did what he could to have the appointee replaced (fired), for not toeing the party line.
Shoe wrote on Mar 25, 2007 8:20 AM:Cunningham felt he needed and deserved an antique commode; who knows what is on Issa's shopping list. The need for money and power are insatiable.
Ship of fools wrote on Mar 27, 2007 11:13 PM:If I thought Issa was doing me a favor by being a congressman I would be happy that he was making a difference. But the difference he has made to date is making me concerned. As far as being un-corrruptable, well he IS big business. He is also a strong partisan which I feel is wrong for our community. We need more moderate politicians in all levels of government. You think Arnold would run for the 49th? Finally, Issa needs to take some crap from constituents like me - especially when he screws up and votes against my interests and chases after effective prosecutors that don't follow his marching orders. If we didn't give him a hard time, he'd get soft and lazy.
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