In September 2006, just weeks before pivotal Congressional midterm elections, Paul Charlton, US Attorney for Arizona, opened a preliminary investigation into Republican Representative Rick Renzi of the state's First Congressional District for an alleged pattern of corruption involving influence-peddling and land deals. Almost immediately, Charlton's name was added to a blacklist of federal prosecutors the White House wanted to force from their jobs. Charlton is someone "we should now consider pushing out," D. Kyle Sampson, Attorney General Alberto Gonzalez's chief of staff, wrote to then White House Counsel Harriet Miers on September 16. In his previously safe Republican district, Renzi had barely held on in the election. On December 7, the White House demanded Charlton's resignation without offering him any explanation.
The Justice Department and the White House offered a scattershot of alibis for firing Charlton. The Bush Administration's case against Charlton rested ultimately on the account of a little-known Justice Department official named Brent Ward, who claimed in a September 20, 2006 e-mail that Charlton was "unwilling to take good cases." Ward's allegation was vague in its claim, mysterious for its submission and vacant in context.
Ward's endless stream of mandates, the source revealed, were a source of frustration to many US Attorneys. "There were countless child obscenity cases crying out to be prosecuted," the source told me, "but [Brent] Ward wanted to focus on cases involving consenting adults. That's just not a good way of dedicating resources. When you have so many children being harmed, why not allocate your resources towards that?"
Ward's heedless prosecutions of legally available pornography reflected more than his ideology; they also defined his power within the Justice Department. Once Bush began his second term in the White House, Gonzales declared the prosecution of pornography portraying sex acts between consenting adults "one of the top priorities" of his department. He signed off on an FBI headquarters memo that recruited agents for an anti-porn task force. That memo stated that prosecutions would focus particularly on material depicting "bestiality, urination, defecation, as well as sadistic and masochistic behavior." These acts, according to the memo, were most likely to offend local juries.
To support Ward's task force, Gonzales and FBI Director Robert Mueller diverted eight FBI agents and other staff. Ward soon secured his biggest score, the successful prosecution of the Girls Gone Wild series producer Joseph Francis for knowingly including footage of two young women without receiving legible documentation, on paper, of their ages. Francis's company, Mantra Films, Inc., was slapped with a $500,000 fine--a drop in the bucket for an operation that rakes in at least $40 million a year.
Many veterans of the FBI consider Ward's efforts a burden on their ability to fulfill serious departmental priorities. "I guess this means we've won the war on terror," an anonymous FBI agent sarcastically remarked to the Washington Post about agents diverted to Ward's task force. "We must not need any more resources for espionage."
The revelation of Ward's participation in the dismissals arrived as the Christian right clamored that more resources be funneled to him. "Give him some gas and he'll win the war," Burress told the Salt Lake Tribune. "I wish the Department of Justice was full of Brent Wards." The prosecutor purge may have backfired, but Burress and his allies can take heart that the Bush White House is devoted to their culture war, even at the expense of its "war on terror."
Not getting signatures from drunk college girls may not be as important as prosecuting Repuglican corruption cases, but it's less dangerous to The Party and plays well to the base.
And they damn sure don't want any U.S. attorneys following the money to terrorists.
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