E-mail to Patrick J. Rogers (Updated)

Patrick J. Rogers, Esq.
Modrall Sperling
PO Box 2168
Albuquerque, NM 87103-2168
Telephone: (505) 848-1800
Fax: (505) 848-1891
Email: pjr@modrall.com and patrogers@modrall.com

cc: contact@modrall.com

Mr. Rogers,

I have been researching the conduct of various attorneys such as yourself, whether that conduct is a violation of the rules of professional conduct with which each such attorney must comply and authoring factual allegations of the conduct that establish violations of the applicable rules of professional responsibility. Previously, I have written about the conduct of Alberto Gonzales, Kyle Sampson, Harriet Miers, Lisa Murkowski, John Yoo, Mark Everett Fuller, Monica Marie Goodling, Thomas W. Hartmann and Michael J. Elston. I now add your name to this illustrious list. See my post here . I also crossposted at Firedoglake‘s Oxdown Gazette . Your retention and supervision of Mr. Alfredo Romero to intimidate and harass citizens of New Mexico from lawfully exercising their right to vote by continuing to ‘investigate’ these United States citizens raises a substantial question as to your honesty, trustworthiness and fitness to practice law.

My readers and I are interested in your response to the allegations that your baseless-in-fact allegations of ‘voter fraud’ and your continuing investigation of these voters is intimidation and harassment of voters in violation of the Voting Rights Act of 1965 and that your conduct, therefore, violates your ethical obligations as a member of the New Mexico Bar Association.

I expect better behavior from one of The Best Lawyers in America®.

E.M./The Grievance Project

Update: Someone from Modrall Sperling stopped by this morning. I’d call this at least a partial response.

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It’s not paranoia if they ARE out to get you, No. 6

At No Comment, Scott Horton continues with his stellar reporting on the politicization of, and abuse of power in, the Department of Justice with this July 23, 2008 post of his Six Questions for Former U.S. Attorney David Iglesias, Author of In Justice. Mr. Iglesias. one of the United States Attorneys fired by DoJ on December 7 – Pearl Harbor Day – of 2007, explains, in a nutshell, what happened:

One cannot fully comprehend the recent Justice Department meltdown without understanding the belief in New Mexico, Missouri, and Washington State Republican circles, that the 2000 election and subsequent contests were rife with fraud. It set the stage for what followed during the scandal surrounding the forced resignations in 2006 of United States Attorneys John McKay of Seattle, Todd Graves of Kansas City, and me. We were all criticized by Republican operatives for not filing voter or election fraud cases in our respective districts. Each of us examined the evidence and did not find any provable cases, so no indictments were filed. I remember hearing Republican activists allege that the Democrats stole the election in New Mexico during the 2000 presidential election. I heard that illegal immigrants were voting in large numbers. If true this would be criminal, but prosecutors may not base their cases on rumor and innuendo but on admissible evidence they can prove beyond a reasonable doubt in a court of law. * * *

Voter fraud became the bogeyman of New Mexico politics. And what person was best equipped to prevent this alleged problem from happening again? The United States Attorney. Hence in the summer of 2002 the Executive Office of United States Attorney in Washington emailed all 93 U.S. Attorneys asking us to work with state and local election officials to prevent election fraud. * * * That changed dramatically in 2004, when the local media covered numerous instances of apparent voter fraud. * * *

In response, I set up one of only two election fraud task forces in the country. * * *

I also set up a hotline for citizens to call into the local FBI office. I believed that we would find provable cases of fraud that I could prosecute, and I was determined to find them. * * * After almost two years of investigation, we were unable to come up with a single prosecutable case. I conferred with main Justice and with the local FBI office. It was ultimately my call, and I followed the professional staff in finding that there wasn’t enough evidence to support a prosecution. Main Justice and the FBI did not disagree with my assessment.

But local Republican leaders disagreed. They could not believe that the investigation failed to produce a prosecution. During the 2004-06 time period, Rumaldo Armijo and I received numerous phone calls and emails from former state G.O.P. counsel Patrick Rogers. He exhorted us to file cases. We could only tell him what we would tell any member of the public–that we would file provable cases and even then, we would not file a case just before an election if we felt it could affect the outcome of the election. This was policy of the Justice Department, per career attorney Craig Donsanto, who wrote the election fraud manual that all U.S. attorneys used. Significantly, Rogers never told Armijo or me that he was also an official of a group called the American Center for Voting Rights—a G.O.P. organization alleged to be engaged in voter suppression efforts. I did not find this important fact until after I left the Justice Department. I knew Rogers to be involved in the litigation over the voter I.D. law and knew him to be a fiercely partisan Republican. In 2006, I heard from a friend of mine who was active in the state party that the party was upset with me. At one point he implored me, “can’t you file something?” So I heard the rumbling of the party in the 2005-06 timeframe.

I was aware of the simmering discontent of the local Republicans. Just before the 2006 midterm election that discontent boiled over when I received a highly improper phone call from Congresswoman Heather Wilson in mid-October and another call from Senator Pete Domenici in late October. * * * Both Wilson and Domenici were talking about the same investigation. Wilson had used her opponent’s weak record in pursuing corruption cases as part of her attack strategy. I knew that if I told them I was close to indicting the case that would be used by Wilson in connection with her election campaign. I also knew they had no legitimate need to know when I would be filing the indictments. I was put on the list to be fired on November 7, 2006—Election Day. The timeline alone is damning and it was clear to me that I was placed on the list because I would not rush an indictment of a high-profile Democrat in a way that would benefit Wilson in her campaign. * * *

As Mr. Horton notes in his introduction,

His meteoric career is not simply the stuff of movies–after all, some of David Iglesias’s experiences as a Navy JAG at Guantánamo Bay furnished the material for Aaron Sorkin’s play “A Few Good Men,” later converted into a Hollywood blockbuster. (Italics in original.)

Even a stellar career in the Navy that is ‘the stuff of movies’ followed by six (6) years of public service as a United States Attorney was not sufficient to insulate Mr. Iglesias from the Bush administration. And throughout this whole sordid affair, Mr. Iglesias has maintained his professionalism, demonstrated his strength of character and, as a result, provides a model of conduct to which all attorneys should strive to emulate.

Read the rest of the interview here .

Buy David Iglesias’ book In Justice: Inside the Scandal That Rocked the Bush Administration.

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Alberto Gonzales: Not just unethical, but criminal?

As reported by Jason Leopold at the Online Journal on February 29, 2008, (h/t nonnie9999), Alberto Gonzales not only engaged in unethical conduct, but likely also engaged in conduct that was criminal:

John McKay, the former US attorney for the Western District of Washington who was also fired in late 2006 for reasons that appear to have been motivated by partisan politics, wrote in a lengthy article in the January edition of the Seattle University Law Review [incorrect link in original document] that Iglesias’s firing stands out among the other eight federal prosecutors because it demonstrates “the very real prospect of improper interference with an ongoing criminal investigation involving public corruption and the seeking of political advantage.”

“Violations of the obstruction of justice statute may have occurred and should be investigated,” McKay wrote. “Even as the role of the White House remains shrouded in its claims of executive privilege, 23 certain White House employees appear to have been heavily involved in the dismissal of U.S. Attorney Iglesias. In several e-mails it appears that these officials were reacting directly to the complaints of Senator Pete Domenici (R-NM) and the ongoing investigation into public corruption in New Mexico. For example, Deputy White House Counsel Bill Kelley smugly e-mailed Gonzales’ Chief of Staff Kyle Sampson to report that Domenici’s office was ‘happy as a clam’ on learning of Iglesias’s ouster. Senior Counselor to the President Karl Rove bragged about Iglesias’s dismissal by proclaiming ‘he’s gone’ to the New Mexico Republican Party Chairman, who had previously complained to Rove about Iglesias.”

* * *

This chain of events troubles McKay who wrote in his law review article that former Attorney General Gonzales ultimately approved Iglesias’s termination with the full knowledge that it was based on partisan politics.

Gonzales admitted “he took multiple phone calls from Domenici concerning [Iglesias], urging that he be replaced, and has admitted that [President Bush] spoke with him about the ‘problems’ with Iglesias,” McKay wrote.
”Gonzales has even admitted that one of the reasons that Iglesias was fired was because Senator Domenici had “lost confidence” in Iglesias. “While these allegations are troubling under any analysis, a thorough and independent investigation is necessary to determine whether criminal laws have been violated,” McKay added. “Among the considerations facing the inspector general is whether the actions of former Attorney General Gonzales constituted obstruction of justice by removing Iglesias.”

Don’t hold your breath waiting for justice. No attorney employed by the Michael Mukasey-led Department of Justice will initiate an investigation of and pursue a criminal prosecution against Alberto Gonzales. As Leopold reports, they’re too busy fighting voter fraud:

Recently, the OPR contacted Iglesias’s former executive assistant, Rumaldo Armijo, to interview him about whether he 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, Iglesias confirmed when asked about the matter during an interview.

Rogers was affiliated with the American Center for Voting Rights, a now defunct non-profit organization that sought to defend voter rights and increase public confidence in the fairness and outcome of elections. However, it has since emerged that the organization played a major role in suppressing the votes of people who intended to cast ballots for Democrats in various states. 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.

Rogers did not respond to emails seeking comment.

Armijo was also unavailable for comment. During his tenure in the US attorney’s office he was in charge of issues related to voter fraud in New Mexico. Iglesias said in an interview that he 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 in New Mexico. 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.

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.

At best, nothing will happen until Attorney General John Edwards(?) can order an investigation on January 21, 2009. But the fact that justice will not be served by the Department of Justice does not mean that justice must be denied:

ANY person residing in ANY state can file a grievance against Alberto Gonzales.

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