WASHINGTON – Sen.
Dianne Feinstein yesterday challenged assertions by a
former top Justice Department official that Carol Lam was
fired from her job as U.S. attorney in San Diego because
of a mediocre record in prosecuting immigration cases.
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During a hearing of
the Senate Judiciary Committee, the California Democrat
produced a recent letter from a top federal immigration
official in San Diego praising Lam's record in combating
immigrant smuggling.
The three-page letter, dated Feb. 15, casts doubt,
Feinstein said, on testimony by Kyle Sampson, who resigned
this month as chief of staff to Attorney General Alberto
Gonzales amid a growing controversy over the dismissals of
Lam and seven other U.S. attorneys.
“It is a real surprise to me that you would say here
that the reason for her dismissal was immigration cases,”
Feinstein told Sampson during the hearing.
The letter, by Adele Fasano, director of field
operations for the San Diego office of U.S. Customs and
Border Protection, said that Lam's efforts last year
contributed “to the reduction by at least 50 percent (in)
the number of smuggled aliens encountered at the San Diego
ports of entry.”
In an interview, the senator added, “I don't think the
director of field operations would write a letter
commending (Lam) unless she really believed this woman was
doing an excellent job.”
Fasano was unavailable for comment about the letter.
In his testimony, he insisted that her sacking had
nothing to do with her office's successful prosecution of
former Rep. Randy “Duke” Cunningham, R-Rancho Santa Fe,
and the grand jury indictments of Kyle “Dusty” Foggo, the
former third-ranking official in the CIA, and defense
contractor Brent Wilkes of Poway. The indictments came two
days before Lam left office Feb. 15, though she had
announced weeks earlier that she would be leaving.
“There was never any connection in my mind between
asking Carol Lam to resign and the public corruption case
that her office was working on,” Sampson said.
According to e-mails and other documents recently
released by the department, Lam notified her superiors May
10 of her intention to issue search warrants in connection
with her investigation of Foggo and Wilkes. The next day,
Sampson e-mailed a White House official about “a real
problem” with Lam and arguing that she should be replaced
at the expiration of her term Nov. 18.
Earlier on the day of the Sampson e-mail, the Los
Angeles Times reported that the U.S. attorney in Los
Angeles had opened an investigation of Rep. Jerry Lewis,
R-Redlands, that was connected to the Cunningham case.
Asked about that e-mail by Sen. Arlen Specter, R-Pa.,
Sampson said that the problem with Lam, in his mind, was
“immigration enforcement.”
Later, in response to questions from Sen. Orrin Hatch,
R-Utah, Sampson described Lam as “a good person and a very
skilled lawyer.”
But he said her name was initially included on a list
of U.S. attorneys earmarked for dismissal “due to her
office's failure to embrace the president's anti-gun
violence initiative, Project Safe Neighborhoods.”
In the e-mails, Justice Department officials criticized
Lam for not enough immigration prosecutions.
That echoed concerns from Republican congressmen,
including Rep. Darrell Issa of Vista. Feinstein at one
point last year inquired about the immigration
prosecutions, but later said she was satisfied after
hearing from Justice Department officials who defended Lam
on the issue.
After her dismissal, Lam said she was never told about
concern within the department about her immigration
record. She also said her practice was to focus on fewer,
bigger cases that produced longer prison sentences.