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Judge rules Griffin legally appointed Saturday, Mar 17, 2007 By Aaron Sadler Stephens Washington Bureau WASHINGTON - A U.S. District Court judge refused Friday to declare unconstitutional Tim Griffin's appointment as interim U.S. attorney for the Eastern District of Arkansas. Judge G. Thomas Eisele ruled that a federal law enacted a year ago allows Griffin to serve as federal prosecutor without having been confirmed by the Senate. Griffin's standing as prosecutor was challenged by capital murder defendant Antoine Baker, who was indicted in February by a federal grand jury. Griffin's appointment is one part of a growing political firestorm in Washington, where Democrats have accused the Bush administration of playing politics with U.S. attorney firings last year. H.E. "Bud" Cummins III, Griffin's predecessor, was forced out to make room for Griffin, a former White House aide and military prosecutor. Sen. Mark Pryor, D-Ark., said Attorney General Alberto Gonzales lied to him when he said the Justice Department intended to put Griffin through the traditional Senate confirmation process. He has demanded Gonzales' resignation. In his ruling, Eisele said the Constitution does not require that U.S. attorneys be subject to Senate confirmation, though the Senate has taken that power. Likewise, it relinquished some of that power when Congress approved a provision to the Patriot Act last year to allow the Justice Department to appoint U.S. attorneys on an interim, indefinite basis. "That (the provision) can be manipulated to avoid Senate confirmation ... is simply the consequence of the language chosen by the Congress," Eisele stated in his 25-page ruling. He said it would be up to Congress to change the provision if it wanted to protect its power to advise and consent. Legislation pending in both the House and Senate would limit the attorney general's appointment authority to 120 days. After that, the president would be required to identify a U.S. attorney nominee for Senate confirmation. The bill has bipartisan support. Eisele said Brown had no standing to challenge the constitutionality of Griffin's appointment. Meanwhile, Rep. John Boozman, R-Rogers, said Friday said it could take between six and nine months to identify Griffin's replacement. Griffin has said he would not pursue the job permanently. "It is my goal to produce a list of three strong candidates to forward to the White House for consideration," Boozman said in a statement Friday, adding, "I am proud to be involved in this process, working to find a positive solution to this issue, which is so important to the people of Arkansas." |
