Allard: Nominee's rejection 'strange'

Interim prosecutor Leone was on list of possible firings

Sara Burnett, Rocky Mountain News

Published May 18, 2007 at midnight

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U.S. Sen. Wayne Allard thought it was "very strange" when the White House in early 2006 rejected William Leone, his latest pick for U.S. attorney for Colorado.

Leone had been serving on an interim basis for more than a year, and the senator had heard no concerns about him, Allard's chief of staff, Sean Conway, recalled Thursday.

"It was just kind of weird to us," Conway said, adding that the White House gave no reason for the decision.

Leone was among a list of prosecutors the Justice Department considered for possible dismissal, The Washington Post reported Thursday. The number of U.S. attorneys on various Justice Department lists came to about two dozen - nearly one-fourth of the nation's top federal prosecutors, the newspaper said.

It cited unnamed sources with access to documents released as part of the congressional investigation into whether the firings of eight federal prosecutors by the Bush administration were politically motivated.

The dismissals prompted Senate Democrats to say they will seek a vote of no-confidence in U.S. Attorney General Alberto Gonzales, who they say put President Bush's political agenda above his government duties.

"I think the time has come for the Senate to express its will," said Sen. Dianne Feinstein of California. "We lack confidence in the attorney general."

The White House shrugged off the announcement, saying a no-confidence vote "is nothing more than a meaningless political act, not that that's stopped them before," White House spokesman Tony Fratto said.

Conway said Allard's office was surprised to hear that Leone was included on any Justice Department dismissal lists.

"Obviously, if (Allard) finds out that something was in play here, he's going to be very disappointed," he added.

Asked how Allard would vote should a no-confidence resolution reach the Senate floor, Conway said it was too early to say.

"He will cross that bridge when he gets to it," Conway said.

Sen. Ken Salazar, a Democrat with close ties to Gonzales, said Wednesday he was "very troubled" by the allegations, and planned to talk with Gonzales about them. That conversation had not yet occurred Thursday, Salazar spokesman Cody Wertz said.

Leone, who left the U.S. attorney's office for private practice after Troy Eid took over, did not return a phone call seeking comment.

The White House named Leone, then an assistant U.S. attorney, to serve as acting U.S. attorney for Colorado when John Suthers was appointed state attorney general in December 2004.

At the time, Allard suggested three names for the permanent job: Eid, the former legal counsel to Gov. Bill Owens; former Larimer County District Attorney Stu VanMeveren and former Arapahoe County District Attorney Jim Peters.

But a year passed with no decision by the White House, and by January 2006, all three had withdrawn their names from consideration. When the White House asked for three more names, Allard sent a letter recommending just one: Leone.

The senator hadn't included Leone a year earlier because he didn't know him as well as the other three candidates, and Leone had not yet expressed interest in the job, Conway said. But in his Feb. 1, 2006, letter, Allard told the president that Leone had proven himself "an effective federal prosecutor."

"Moreover, he is uniquely poised to quickly fill the outstanding vacancy and bring to an end the era of uncertainty for the citizens of Colorado," he wrote.

A few weeks later, the White House counsel's office said it didn't want Leone, and instead asked Eid to reconsider, Conway said. Allard's office didn't ask why, in part because they were frustrated with the process and simply wanted the position filled, he added.

Eid, who took office in August 2006, said he got the call from the White House the first week in March.

He said he was "totally stunned" by the invitation.

burnetts@RockyMountainNews.com or 303-954-5343. The Associated Press contributed to this report.

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