Sell
Research and Tools
Parts & Service
- Auto Parts
- Service & Repair
- Quick Searches
- Auto Repair
- Oil Change
U.S. Attorney Lam resigns
By: WILLIAM FINN BENNETT - Staff Writer | ∞
SAN DIEGO -- Ending days of speculation, San Diego-area U.S. Attorney Carol Lam announced Tuesday afternoon in a news release that she will step down from the job on Feb. 15.
News stories first surfaced last week that she had been asked to resign, but no government source was willing to go on the record with the information.
The release did not provide a reason for Lam's resignation nor did it say if she had been asked to resign. Reached by phone late Tuesday, a spokeswoman for the 47-year-old Lam said that there would be no other comment.
In a Tuesday phone interview from his Washington office, U.S. Rep. Darrell Issa, R-Vista, said Lam was asked to step down.
Issa declined to name the source of the information, but said "it was a high-ranking administration official involved in the decision process."
U.S. attorneys serve at the pleasure of the president.
Department of Justice officials in Washington, D.C., did not respond to requests for interviews Tuesday.
For years, Issa has been critical of Lam for what he said was her failure to more aggressively prosecute illegal-immigrant smugglers.
"And I have had one-on-one conversations with Ms. Lam, urging her to be more aware of the policy priority that the president has given," he said, referring to Bush's promises to secure the nation's borders.
In an October 2005 letter to Attorney General Alberto Gonzales, for example, Issa blasted Lam's office for failing to prosecute two cases of smugglers who were repeat offenders. In the letter, Issa called her failure to do so the result of "lax prosecutorial standard."
On Tuesday, Issa said that Lam, who was appointed to the post by President Bush in 2002, had done a good job in prosecuting white-collar crime and commended her for her successful investigation of the now-imprisoned former 50th District Congressman and conservative Republican Randy "Duke" Cunningham.
Issa said it would be too strong to say that he was instrumental in Lam's resignation.
In her news release, Lam appeared to respond to her critics, saying that "during the past four years, we have obtained higher sentences for illegal aliens with serious criminal histories, and the violent crime rate has declined in San Diego."
The release also included laudatory statements from a number of local federal officials, including Adele Fasano, San Diego director of field operations for U.S. Customs and Border Protection. Fasano said that his department has had a "strong, collaborative" relationship with Lam's office to combat smuggling activity through the San Diego area.
"This focused effort has been particularly effective in the area of alien smuggling and has resulted in the aggressive prosecution of serious violators," Fasano said.
Issa disagreed with the praise of Lam's handling of human smuggling cases.
"It's very clear she had a weakness, that she liked big cases but shunned what she saw as more mundane cases of human smugglers, which have grown," he said.
Former San Diego-area U.S. Attorney Alan Bersin said he found the call to ask Lam to resign "highly unusual."
Bersin, who now serves as the chairman of the San Diego County Regional Airport Authority, said he found it "peculiar" that no one stood up and took responsibility for asking Lam to step down or state what the reasons were for asking her to leave.
"The failure to provide a reason leads to all sorts of speculation," said Bersin, who served as U.S. attorney from 1993 to 1998.
After leaving that job in 1998, he became superintendent of San Diego Schools and later left that job to become the state secretary of education.
"The community is entitled to a statement of responsibility and somebody should step forward to account for the reasons," for the decision, he said.
Lam, a graduate of Yale University, Stanford Law School and a former San Diego Superior Court judge, is one of several U.S. attorneys being asked to resign, according to news reports.
In a speech on the Senate floor Tuesday, U.S. Sen. Dianne Feinstein, D-Calif., said that it was recently brought to her attention that several U.S. attorneys have been asked to resign, some by the end of the month and prior to the end of their terms.
She said the resignation requests were not based on any allegation of misconduct.
"In other words, they are forced resignations," Feinstein said.
She expressed concern that Gonzales plans to appoint interim replacements and "potentially avoid Senate confirmation."
A little-known provision in the Patriot Act reauthorization last year changed existing law so that if a vacancy occurs, the attorney general can appoint a replacement for an indefinite period of time.
In an interview several days ago, a spokesman for the Department of Justice said that Gonzales was not trying to avoid the Senate confirmation process and that it is always the goal of the Bush administration to have U.S. attorneys that are confirmed by the Senate.
Bersin said that Lam did not have to leave voluntarily.
The president "can fire, but the U.S. attorney can take the position that 'There is not sufficient cause and I am not going to resign -- go ahead and fire me and provide a statement of the reasons why,' " Bersin said.
-- Contact staff writer William Finn Bennett at (760) 740-5426, or wbennett@nctimes.com.
Pinky and the Brain wrote on Jan 16, 2007 2:47 PM:A little known provision in the Patriot Act reauthorization last year changed existing law so that if a vacancy occurs, the attorney general can appoint a replacement for an indefinite period of time." - ah yes, that document that no one bothered to read before they passed it, both times.
Snake bite wrote on Jan 16, 2007 2:53 PM:Watch out Carol Lam! This county is protected by VIPER now. You've just been bit.
Not Fooled wrote on Jan 16, 2007 3:24 PM:This is the same Darrell Issa who stood by his buddy Duke Cunningham...until Carol Lam started her investigation/prosecution. Google NCT or the U-T to see for yourself. So watch what you hear coming out of Issa's mouth.
Cal wrote on Jan 16, 2007 5:06 PM:Tough to be a moderate Republican that prosecutes corrupt Republican congressmen. Honor before party loyalty - something Issa will never understand.
JA wrote on Jan 16, 2007 5:38 PM:My apology to all dog catchers, you are better than politicians, Sorry!
The Lam and the Lion wrote on Jan 16, 2007 7:06 PM:Her abilities surpassed any US attorney in the San Diego region. She did not fail at Alvarado - she brought down an insider doctor, an employee, and the CEO. The CEO may have found himself off but the hospital still had to pay for the false billing to Medicare - triple damages. The hospital is sold, the CEO left. Now, is this too close for comfort for local North County doers? Well then there's more change coming. Bush's AG Gonzalez is temporary just like the other local Gonzalez. Yes, change's a coming.
Human Smuggling wrote on Jan 16, 2007 7:08 PM:Finding shelter for illegal aliens is the last step in the chain of human smuggling from Mexico. Affording shelter to illegal aliens (harboring) is Federal crime (a felony punishable with up to 10 years in prison - 8 USC 1324). Many landlords have decided to profit from the crime of human smuggling. If the landowners want to harbor illegals, then they should not be surprised when the Feds take their land under the Civil Asset Forfeiture Reform Act (CAFRA). Property owners whose properties have been identified as being used to facilitate smuggling or harboring aliens may lose the property. http://www.ice.gov/pi/investigations/publicsafety/humantrafficking.htm This is an important tool because many landlords turn a blind eye to the facilitation of criminal activity on their properties. The protector of landlords who harbor illegal aliens has fallen!
Molly and Jake wrote on Jan 16, 2007 7:21 PM:Carol Lam, we will miss you. It is sad that it has come to this. Best wishes for your future endeavors. P.S. Thanks for prosecuting Cunningham.
Di-Fie! wrote on Jan 16, 2007 8:05 PM:A little ironic to hear Feinstein complaining, given that when her party last held the White House, every US attorney in the country was fired and replaced by a Clintonista.
Good Bye, Lam! wrote on Jan 16, 2007 8:19 PM:It's past time to deal with Illegal Immigration. Carol was Weak in this Arena and it is her Demise. For this, Carol Will NOT be missed.
Syl wrote on Jan 16, 2007 8:27 PM:Hasta La Vista Lam , Don't let the door hit you on the way out!
Gimmeabreak wrote on Jan 16, 2007 8:41 PM:the Real reason to oust Lam? Why, to make space for Harriet Miers, of Course!!!
Freddy wrote on Jan 16, 2007 9:45 PM:Please, please don't attack the person. The issue may well be immigration policy enforcement. But I don't know. It is not about character, which is very good, but perhaps about a shift in policy and an objective shift and not about a person. Do yourself a favor and do not attack the person. God bless America. And God loves even the illegals, but there are laws against criminal activity and behaviors and these laws need to be enforced. Send money!
correction wrote on Jan 16, 2007 10:05 PM:Dear "Di-Fie!", Bush also replaced all the US Attorneys. The huge HUGE HUUUUUUGE difference is that Bush is replacing them without confirmation from congress, which has been required in the past. All Clinton's appointments were approved by congress. Bush is desecrating the Constitution more and more each day as he tries to reduce government to a single branch, the Executive.
John1 to Correction wrote on Jan 16, 2007 11:09 PM:You mean, of course, Advice and Consent of the Senate. I haven't seen widespread US Atty appointments- can you point me to the website or article where this has been written about? I daresay with activist judges, we need not worry about a single branch of Govt!! LOL
To Correction wrote on Jan 16, 2007 11:18 PM:I just did a quick review of the Constitution. It appears that the President alone can appoint a person to an office if Congress vests him with that authority by a law. Article II, section 2. The real problem here are members of Congress who vote for laws without reading the law and understanding its effect. Why blame Bush for Di-Fie being lazy?!
Legal Lab Nerd wrote on Jan 16, 2007 11:23 PM:As a fellow attorney I am disgusted by this requested resignation- she did a wonderful job...guess Duke's pardon is coming up next, right Mr. Bush?
Di Fie is an idiot wrote on Jan 17, 2007 6:18 AM:When new administrations come in, they always appoint their own US Attorneys, especially when there is a change in party. Yes, Clinton appointed a whole new batch of US Attorneys, just as Reagan did, and just as Carter did, and just as Nixon did, and just as George W. Bush did. The issue here is that the Bush administration is asking a whole bunch of US Attorneys to resign, which it appointed, without any allegations that there is any wrongdoing, which is highly unusual, and has never happened in this quantity (7 or more at the same time) as far as I can remember. Furthermore, many of these US Attorneys were in the process of investigating alleged misconduct by prominent Republicans or Republican donors. Get your head out of your arse, otherwise known as Fox News and Rush Limbaugh, and try citing some actual facts.
Ray wrote on Jan 17, 2007 7:17 AM:I guess prosecuting Republicans will get you fired and Mr. Issa saw it too close.
2STRANGE wrote on Jan 17, 2007 8:32 AM:Remember that under the Republican controlled Congress, Bills would be introduced 24 hours before passage with little opportunity for review, discussion or amendment. Conference committees were conducted in private with Dems excluded from the process.
Concerned wrote on Jan 17, 2007 8:42 AM:The times they are a changin'. The feds need to get tough on illegal immigration. Hopefully this will send a message to the idealists who wear the federal robes. The majority of us are acutely aware of the impact illegal immigration is having on this country. We will prevail!
Blue Collar wrote on Jan 17, 2007 9:06 AM:I guess this is what happens when you focus on white collar crime instead of acting like big brother over us blue collars.
Esco Resident wrote on Jan 17, 2007 9:51 AM:To Legal Lab Nerd. I live in Escondido, a first stop of many human smugglers after crossing the border. I think Carol Lam did a horrible job by ignoring the human smuggling crimes, and my neighborhood has been hurt by it. My elderly neighbor sold his house, and within a year it appeared to be a safe house for over a dozen people. I spoke to ICE, and the response I got was, 'How do you know they are illegal aliens? Bring us some proof.' I want human smuggling shut down! Duke was a dumb criminal. He confessed. A pardon is not in the cards.
Concerned wrote on Jan 17, 2007 10:06 AM:Di Fie is an idiot implies that the reason for the firing is that these judges are going after prominent Republicans. I'm all for going after crime, especially people who defy public trust re politicians et el. If the assumption is right, then we need to find out where the orders are coming from and stop the corruption. Like they say "De fish stinks from de head."
tmb wrote on Jan 17, 2007 10:33 AM:The U.S. Attorneys are being fired for the prosecutions of corrupt Republican. Period, end of story. The "immigration" garbage is false and just a cover for the politically motivated firings . . . Bush is the most corrupt President in U.S. history and is well on his way to destroying what is left of the Republic . . . he could care less about illegal immigration, he want to make Mexico part of a North American Union . . . what a farce . . .
MonkeyBoy wrote on Jan 17, 2007 11:04 AM:The Bush admin is firing their own attorneys who dare to prosecute republicans. And by a change introduced in the Patriot Act, Congress no longer has any role in approving their replacements, so they are being replaced by corrupt party hacks.
Issa Come clean wrote on Jan 17, 2007 12:00 PM:The heat is on Issa and no money in the world is going to save you!!!
John E wrote on Jan 17, 2007 12:02 PM:I concur that illegal immigration is a huge problem, and I would have liked to see a bit more prosecution in this area. However, I am satisfied with the job Carol Lam did, I do appreciate her (very effectively and efficiently) going after big targets, and I do attribute her firing to political retribution. For the record, I am a centrist Republican.
Longtimeresident wrote on Jan 17, 2007 12:08 PM:LAM GOT SOME WHITE COLLAR CRIMES ALLRIGHT, BUT SHE WAS WAY SHORT ON BORDER CRIMES,SPECIFICALY BY ILLEGALS. SO WHICH CROOKED BUSH SUPPORTER WILL FILL HER SPOT?
JT wrote on Jan 17, 2007 2:32 PM:2008 won't be here soon enough. It's time to put someone sane in the White House. No more Duke's please, and while we are at it get rid of Issa too. He's nothing but a bag of hot air.
Jason wrote on Jan 17, 2007 5:46 PM:Amen, I will drink to that JT God help us 2008 please come before we face further national embarassment. Issa needs to be investigated himself, what a clown...
Vista Legal Citizen wrote on Jan 17, 2007 5:47 PM:Was Carol Lamm getting too close to some wrong-doing by one of our other sleezy politicians?? Did Bush the Decieder, now rapidly becoming Bush the Dictator, fire her because she knew too much and might act on it?? Stay tuned!
Syl wrote on Jan 17, 2007 6:36 PM:If America had a president who was genuinely concerned with protecting America against terrorism, our borders would have been sealed shut by noon on the morning of September 11, 2001. If America had a president who was committed to the safety of the American people, all illegal aliens in America on September 11, would have been rounded up and deported as soon as possible.
First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.
Today's Stories
Advertisement