Last year, during the
height of the congressional investigation into the firings of US attorneys
David Iglesias and John McKay, two of the nine federal prosecutors who were
ousted, revealed that they were pressured by Republicans to bring charges of
voter fraud against people who intended to vote for Democrats in separate
elections in New Mexico and Washington state several years ago.
Iglesias and McKay said
they investigated the allegations but did not find evidence to support charges
of voter fraud leveled by Republicans. Both men believe their refusal to
convene a federal criminal grand jury to pursue the allegations led to their
ouster.
There is no concrete
evidence of voter fraud in the United States. Many election integrity experts
believe voter fraud is a ploy by Republicans to suppress minorities and poor
people from voting. Historically, those groups tend to vote for Democratic
candidates. Raising red flags about the integrity of the ballots, experts
believe, is an attempt by GOP operatives to swing elections to their candidates
as well as an attempt to use the fear of criminal prosecution to discourage
individuals from voting in future races.
Now a Senate panel
chaired by California Democrat Dianne Feinstein is investigating whether the
myth of voter fraud has led to "disenfranchisement" among individual
voters.
On Wednesday, the Senate
Committee on Rules and Administration is scheduled to hold a hearing to explore
the matter. Iglesias is one of the witnesses who will testify about the issue.
In an interview, he said he intends to recount how his office was pressured by
a close confidant of former White House political adviser Karl Rove to file
criminal charges against Democrats for voter fraud.
Iglesias said that he
had set up a task force and launched an in-depth investigation into claims of
voter fraud in New Mexico and found the allegations to be �non-provable in
court.� He said he is certain that his firing was due, in part, to the fact
that he would not file criminal charges of voter fraud. Iglesias added that,
based on evidence that had surfaced thus far and "Karl Rove's obsession
with voter fraud issues throughout the country," he now believes GOP
operatives had wanted him to go after Democratic-funded organizations in an
attempt to swing the 2006 midterm elections to Republicans.
The other witnesses
scheduled to testify Wednesday include Robin Carnahan, the Secretary of State
of Missouri, Robert Simms, and Georgia�s deputy secretary of state. Republicans
have pushed through controversial voter identification bills in those states
that appear to make it difficult for people who don't have driver�s licenses to
vote. Federal courts blocked the measures. Additionally, Justin Levitt, an
attorney and expert on voting issues who teaches at the Brennan Center for
Justice at New York University School of Law, and Jeff Milyo, a professor at
the University of Missouri-Columbia Department of Economics, will also be on
hand to testify.
In a column
published in the Washington Post last year, Levitt said, "The
notion of widespread voter fraud . . . is itself a fraud. Evidence of actual
fraud by individual voters is painfully skimpy."
A common thread among
Republican claims of voter fraud in New Mexico and Missouri that will be
discussed during Wednesday's hearing is the work conducted in Missouri and New
Mexico by a now defunct group called the American Center for Voting Rights
(ACVR), formerly headed by Mark "Thor" Hearne, a Republican operative
who served as the national election counsel to the Bush/Cheney presidential
campaign. Hearne worked closely with Rove and the Republican National Committee
to raise issues of voter fraud in battleground states during the 2004
presidential election. Hearne's organization touted itself as an organization
that sought to defend voter rights and increase public confidence in the
fairness and outcome of elections. However, evidence has surfaced that showed
Hearne's group played a major role in suppressing the votes of people who
intended to cast ballots for Democrats in states where Republicans faced tough
reelection campaigns.
Additionally, Hearne and
his associates are believed to have played a direct role in Iglesias's firing
as well as the forced resignation of Todd Graves, the former US attorney for
Kansas City, Missouri.
Graves was forced to
resign in March 2006, Mckay, the former US attorney for the Western District of
Washington, believes, because he would not file criminal charges of voter fraud
against four employees of ACORN, a group that registers low-income individuals
who tend to cast votes for Democrats, nor would he bow to pressure from Hearne
and a Justice Department official to file a civil suit against Carnahan,
Missouri's secretary of state, on charges that Carnahan failed to take action
on cases of voter fraud. The DOJ's Civil Rights Division filed the civil suit
against Carnahan, which was later dismissed by a federal court judge who ruled,
"The United States has not shown that any Missouri resident was denied his
or her right to vote as a result of deficiencies alleged by the United States.
Nor has the United States shown that any voter fraud has occurred."
Graves was swiftly
replaced by Bradley Schlozman, the former head of the Justice Department's
Civil Rights Division's voting-rights section, who had regularly clashed with
Graves about cases of voter fraud and who spoke to Hearne regularly about US
attorneys who allegedly refused to pursue such cases.
McKay said that when
Schlozman was selected to replace Graves as US attorney, "many eyebrows
were raised."
"Many US attorneys
were concerned when Mr. Schlozman was appointed," McKay said in an
interview last year. "He was the deputy in the [Justice Department's]
civil rights division, but I don't think he had the sort of background and
experience we would have expected as a United States attorney," McKay told
me. "So I would say it would be true that many eyebrows were raised when
he was first appointed. Of course, we didn't know that Todd Graves had been
forced to resign . . . and it appears that he was forced to resign at least in
part because Mr. Schlozman himself was trying to push the prosecution of voter
fraud cases."
Schlozman filed federal
criminal charges of voter fraud against members of ACORN on the evening of the
November 2006 mid-term election. The case was later dismissed and Schlozman
came under fire for his actions. Justice Department policy states that charges
related to voter fraud should not be close to an election. Schlozman testified
before a Senate committee last year that he received approval to file the voter
fraud charges from a Justice Department official who was instrumental in
drafting the guidelines urging that US attorneys avoid filing charges claiming
voter fraud at the height of an election.
Hearne also took part in
a conference call during the 2004 presidential campaign with several
high-ranking Bush administration officials who discussed strategies for
suppressing votes in battleground states, such as Ohio, Florida, and
Pennsylvania, where Bush was trailing Democratic nominee John Kerry.
An email, dated September 30, 2004,
and sent to a dozen or so staffers on the Bush-Cheney campaign and the RNC,
under the subject line "voter reg fraud strategy conference call,"
describes how campaign staffers planned to challenge the veracity of votes in a
handful of battleground states, such as Ohio, in the event of a Democratic
victory.
Emails between Ohio
Republican Party official Michael Magan, Coddy Johnson, then national field
director of the Bush-Cheney 2004 campaign, and Timothy Griffin, reveal the men
were given documents that could be used as evidence to justify widespread voter
challenges if the Bush campaign needed to contest the election results. Johnson
referred to the documents as a "goldmine".
The documents Hearne and
his counterparts obtained were lists of registered voters who did not return
address confirmation forms to the Ohio Boards of Elections. The Republican
operatives compared this list with lists of voters who requested absentee ballots.
In the opinion of one of the strategists, the fact that many names appeared on
both lists was evidence of voter fraud. "A bad registration card can be an
accident or fraud. A bad card AND an Absentee Ballot request is a clear case of
fraud," former Bush-Cheney campaign staffer Robert Paduchik wrote in a
2004 email.
But Christopher
McInerney, a RNC researcher, warned his colleagues at the time that if
"other states . . . don't have flagged voter rolls, we run the risk of
having GOP fingerprints."
In New Mexico, Iglesias
said in an interview that was pressured by Pat Rogers, a Republican attorney in
Albuquerque, and Mickey Barnett, a Republican lobbyist, to bring charges of
voter fraud against Democrats in the state.
Rogers worked for
Hearne's AVCR group. Rogers is also the former chief counsel to the New Mexico
Republican Party, and was tapped by Domenici to replace Iglesias as US Attorney
for New Mexico when Iglesias was fired.
Rogers has not responded
to emails seeking comment. But in prior email correspondence he has insisted
that he did not play a role in Iglesias's firing and categorically denied that
he pressured Iglesias to bring charges of voter fraud against Democrats.
Recently, the Justice
Department's Office of Professional Responsibility, which is investigating the
US attorney firings with particular attention being paid to Iglesias's
dismissal, interviewed Rumaldo Armijo, Iglesias's former executive assistant,
to find out whether he was pressured by Rogers and Barnett to file criminal charges
of voter fraud in the state in 2006. During his tenure in the US attorney's
office, Armijo was in charge of voter issues and worked with Iglesias�s task
force to probe the matter, Iglesias confirmed.
Armijo spoke to the
Senate Ethics Committee last year about numerous telephone calls and emails
dating back to 2005 he received from Rogers related to voter fraud, and
Iglesias's alleged failure to investigate the matter while Iglesias was US
attorney, Iglesias confirmed.
Last May, House
Democrats released a transcript of an interview congressional investigators had
with one of Gonzales's senior Justice Department staffers, Matthew Friedrich,
in which Friedrich recounted that over breakfast in November 2006, Rogers and
Barnett told him they were frustrated about Iglesias's refusal to pursue cases
of voter fraud and that they had spoken to Karl Rove and Domenici about having
Iglesias fired.
"I remember them
repeating basically what they had said before in terms of unhappiness with Dave
Iglesias and the fact that this case hadn't gone anyplace," Friedrich
said, according to a copy of the interview transcript. "It was clear to me
that they did not want him to be the US attorney. And they mentioned that they
had essentially . . . they were sort of working towards that."
According to media
reports, Rogers said he does not recall speaking to Rove about Iglesias.
Additionally, Barnett
and Rogers met with Monica Goodling, the Justice Department's White House
liaison, in June 2006 to complain that Iglesias was ignoring voter fraud.
Goodling's meeting with Rogers and Barnett took place at the urging of a
colleague. Rogers also drafted a lengthy letter that he sent to Domenici
detailing what he claimed were Iglesias's prosecutorial failures, Iglesias said
he had been told.
Allen Weh, the New
Mexico Republican Party chairman, told McClatchy Newspapers in March that he
urged Rove to use his influence to have Iglesias fired because Weh was unhappy
with Iglesias's alleged refusal to bring criminal charges against Democrats in
a voter fraud investigation.
Weh told McClatchy
Newspapers that he followed up with Rove personally in late 2006 during a visit
to the White House.
"Is anything ever
going to happen to that guy?" Weh said he asked Rove at a White House
holiday event that month, according to McClatchy's report.
"He's gone,"
Rove said, according to Weh.
"I probably said
something close to 'Hallelujah,'" said Weh.
This chain of events
troubles McKay who wrote in a Seattle University law review article in January
that former Attorney General Gonzales ultimately approved Iglesias's
termination with the full knowledge that it was based on partisan politics.
For his part, McKay
believes his firing was due to the fact that Republicans were angry that he did
not convene a federal grand jury to pursue allegations of voter fraud related
to the 2004 governor's election in the state, in which Democrat Christine
Gregoire defeated Republican Dino Rossi by a margin of 129 votes.
In an interview, McKay
said there were some Republicans in his district with close ties to the White
House who demanded he launch an investigation into the election and bring
charges against individuals -- Democrats -- for vote-rigging. He believes his
refusal to haul "innocent people before a grand jury" was the reason
he was not selected for a federal judgeship by local Republicans in Washington
state in 2006.
McKay said that, at the
time, he felt he was not being treated fairly, and requested a meeting with
then-White House Counsel Harriet Miers to discuss the issue, as well as his
application for US district judge in his home state
"I asked for a
meeting with Harriet Miers, whom I had known since work I had been involved in
with the American Bar Association, and she immediately agreed to see me in
August of 2006," McKay said. He added that when he met with Miers and her
deputy William Kelley at the White House, the first thing they asked him was,
"Why would Republicans in the state of Washington be angry with you?"
That was "a clear
reference to the 2004 governor's election," McKay said in characterizing
Miers and her deputy's comments. "Some believed I should convene a federal
grand jury and bring innocent people before the grand jury."
"All of my actions
as United States attorney had been coordinated with the Department of
Justice," McKay told me. He said he explained that to Miers and Kelley,
and informed them that there was no evidence of voter fraud to support
launching a federal inquiry into the election.
McKay said he believes
the meeting he had with Miers and Kelley directly led to his name being placed
on a list of US attorneys selected for dismissal in December 2006.
� 2008
Jason Leopold
Jason
Leopold is the author of the National Bestseller, "News Junkie," a
memoir. Mr. Leopold is also a two-time winner of the Project Censored award,
most recently, in 2007, for an investigative story related to Halliburton's
work in Iran.