Possible rules/legal violations by members of Congress
At the hearings, several of the fired attorneys said that they had been contacted by members of Congress and/or their staffs regarding ongoing investigations. These actions appeared to violate both House and Senate ethics rules. [26]
Rep. Heather Wilson (R-N.M.)
As of late 2006, David Iglesias was the U.S. attorney for New Mexico. Around this time, he received phone calls from both Sen. Pete Domenici (R-N.M.) and Rep. Heather Wilson (R-N.M.) regarding information about an ongoing political corruption investigation of a local Democrat, who he ultimately decided not to prosecute. Iglesias testified that he felt “leaned on” and “sickened” by the contacts. [27]
Wilson’s actions appeared to violate House rules. Chapter 7 of the House ethics manual prohibits members from contacting executive or agency officials regarding the merits of matters under their formal consideration. House rules (see House rules) also state that if a member wants to affect the outcome of a matter in litigation, the member can file a brief with the court, make a floor statement, or insert a statement into the congressional record. Directly contacting officials to influence an ongoing investigation is not permitted. [28]
In addition, House rules declare that a member may not even contact a prosecutor with the intent of simply requesting “background information” or a “status report” because the House believes that such requests “may in effect be an indirect or subtle effort to influence the substantive outcome of the proceedings.” [29]
Lastly, Wilson’s conduct may have violated the requirement that members conduct themselves in a manner that “reflects creditably on the House.” In the past, then-House Majority Leader Tom DeLay (R-Texas) was admonished for asking an executive branch employee to engage in an activity having an “impermissible political purpose.” [30]
On the basis of these potential violations, Citizens for Responsibility and Ethics in Washington (CREW) called for an Ethics Committee investigation into Wilson. [31]
Sen. Pete Domenici (R-N.M.)
Following Iglesias’ allegation that Domenici pressured him about the pace of the investigation of a New Mexico Democrat, Domenici initially denied speaking to him. He stated “I have no idea what he’s talking about.” Later, however, he admitted calling Iglesias, stating “I asked Mr. Iglesias if he could tell me what was going on in that investigation and give me an idea of what time frame we were looking at.” [32]
Domenici’s actions appear to have violated Senate rules. In a discussion of Senate Rule 43, the Senate Ethics Manual states that “[t]he general advice of the Ethics Committee concerning pending court actions is that Senate offices should refrain from intervening in such legal actions . . . until the matter has reached a resolution in the courts.” The manual also indicates that senators should not consult with an agency regarding any enforcement or investigative matter. [33]
In a request for a Senate Ethics Committee investigation, CREW alleges that Domenici violated Rule 43 by pressuring Iglesias to “act quickly on a pending corruption investigation.” In addition, because Domenici made the call shortly before the November 2006 congressional elections, he may have violated the clause restricting members from contacting agencies on the basis of political considerations. [34]
On March 7, 2007, Domenici hired Lee Blalack, formerly an attorney for former Rep. Duke Cunningham (R-Calif.), as his legal counsel. [35]
The Senate Ethics Committee confirmed suspicions that Domenici was the subject of a "preliminary inquiry" in the language of a resolution passed on April 17, 2007. The "inquiry" is investigating alleged communication between Domenici and fired U.S. Attorney David Iglesias. [36]
Rep. Doc Hastings (R-Wash.)
During the March 6 testimony, fired Washington attorney John McKay said that Rep. Doc Hastings’ (R-Wash) senior staffer, Ed Cassidy, called him to inquire about whether or not any investigations were underway regarding voter fraud in the hotly-contested Washington gubernatorial race in 2004 (won by Democrat Christine Gregoire). [37]
During the call, McKay reminded Cassidy that calling to recommend a federal investigation would be improper. According to McKay, Cassidy "agreed it would be improper" and ended the call. McKay immediately told his staff about the call and agreed with them that "I had stopped Mr. Cassidy from doing anything improper." He continued, however, that he "was concerned and dismayed by the call." [38]
Also during his testimony, McKay said that when he made a bid to be a federal judge in 2006, he was asked by former White House counsel Harriet Miers and deputy counsel William Kelley to explain "criticism that (he) mishandled the 2004 governor's election."