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Democrats leery of prosecutor

Lawmakers question her independence in the probe of the firings of nine U.S. attorneys.

WASHINGTON - Democratic lawmakers yesterday questioned the independence of a veteran federal prosecutor named to investigate whether laws were broken in the partisan political firings of U.S. attorneys.

Rep. Linda T. Sanchez (D., Calif.), who has led the House Judiciary Committee's investigation into the firing of nine prosecutors nearly two years ago, said the Justice Department might interfere with the career prosecutor who will conduct the probe.

Nora Dannehy - the acting U.S. attorney in Connecticut and a white-collar-crime specialist - was named this week by Attorney General Michael B. Mukasey to continue an inquiry that so far has found incompetent, unethical and possibly criminal conduct surrounding the firings.

Mukasey assigned Dannehy to determine whether criminal charges should be filed against former Attorney General Alberto R. Gonzales, his former top aides, or White House officials who might have played a role in the dismissals, but refused to cooperate in an internal investigation of the scandal.

Meanwhile, Gonzales' attorney George Terwilliger sent a letter to the Justice Department's inspector general and Office of Professional Responsibility, critical of their report on Gonzales and the firing of the prosecutors.

The report contains nothing "upon which to conclude that a further investigation of Judge Gonzales is appropriate," Terwilliger wrote.

Sanchez raised her concerns as Glenn Fine, the Justice Department's inspector general, was preparing to review the 358-page report documenting the politically inspired firings of at least four of the nine prosecutors.

Despite Sanchez's concerns, Fine told the committee he expected Dannehy "to move aggressively and expeditiously to obtain additional evidence and to make a determination as to whether any criminal offense was committed with regard to the removals or their aftermath."

When several Democrats continued to hammer him on the prosecutor's independence, Fine said Dannehy would have "full authority to take this where she thinks is appropriate."

Asked by Rep. Robert C. Scott (D., Va.) whether the attorney general could overrule the prosecutor, Fine said, "I will have to leave that for another day."

Sanchez said grand jury secrecy and the absence of a requirement for Dannehy to issue a public report could keep her findings hidden. The lawmaker added that Dannehy was not named under Justice Department regulations that would have granted her more independence.