Play Ball - or else

Today the New York Times has a shockingly good editorial on the prosecutor purge this morning:
Phony Fraud Charges

In its fumbling attempts to explain the purge of United States attorneys, the Bush administration has argued that the fired prosecutors were not aggressive enough about addressing voter fraud. It is a phony argument; there is no evidence that any of them ignored real instances of voter fraud. But more than that, it is a window on what may be a major reason for some of the firings.

In partisan Republican circles, the pursuit of voter fraud is code for suppressing the votes of minorities and poor people. By resisting pressure to crack down on “fraud,” the fired United States attorneys actually appear to have been standing up for the integrity of the election system.

And we have a good example right across the Columbia River from me.

John McKay, one of the fired attorneys, says he was pressured by Republicans to bring voter fraud charges after the 2004 Washington governor’s race, which a Democrat, Christine Gregoire, won after two recounts. Republicans were trying to overturn an election result they did not like, but Mr. McKay refused to go along. “There was no evidence,” he said, “and I am not going to drag innocent people in front of a grand jury.”

Later, when he interviewed with Harriet Miers, then the White House counsel, for a federal judgeship that he ultimately did not get, he says, he was asked to explain “criticism that I mishandled the 2004 governor’s election.”

There was never any question that George W. Bush had the right to fire the US Attorneys the only question was why they were fired. It looks increasingly like they were fired because the refused to let their offices become tools in Karl Rove's political tool box.

The United States attorney purge appears to have been prompted by an array of improper political motives. Carol Lam, the San Diego attorney, seems to have been fired to stop her from continuing an investigation that put Republican officials and campaign contributors at risk. These charges, like the accusation that Mr. McKay and other United States attorneys were insufficiently aggressive about voter fraud, are a way of saying, without actually saying, that they would not use their offices to help Republicans win elections. It does not justify their firing; it makes their firing a graver offense.

As Paul Krugman and others have mentioned the real story here may not be the attorneys who were fired but the ones who weren't. Did they willingly play political hardball with Karl Rove? A cloud hangs over their heads.