Chiara Dismissal - No Mysteries Here
Sunday, March 25, 2007
David Kurtz at Talking Points Memo says:
The WaPo looks into why Margaret Chiara, the ousted U.S. Attorney for the Western District of Michigan, made the list of the Gonzales 8–and comes up with no compelling answers.
I guess the WaPo didn’t do a thorough job researching, then. Typical. From the WaPo article:
In the aftermath of the surprise firing of U.S. Attorney Margaret M. Chiara, questions outnumber answers. Was she dismissed for political reasons? For poor performance? To make way for someone else? Western Michigan’s legal community does not know what to think.
The Justice Department initially announced that the reasons were “performance-related,” an explanation at odds with the current consensus in Grand Rapids. The chief federal judge firmly disputed it, as did Chiara, who said she was told her resignation was needed to clear the way for a political favorite.
Some defense lawyers speculate that Chiara, who once trained to be a nun, fell out of favor with the Bush administration over her personal opposition to the death penalty. The administration has pursued capital punishment in several states, including Michigan, that have no state death penalty or rarely use it.
A prosecutor in any office around the nation that doesn’t utilize the laws as they were appointed to has failed to perform their duties. If a death penalty state ends up with an anti-death penalty prosecutor who refuses to seek it, that prosecutor is not fulfilling their duties as required by the state. While this may rub the anti-death penalty crowd the wrong way, those same people would scream to high heaven if a prosecutor in a non-death penalty state announced they would attempt to have a case moved to federal court so the death penalty would apply. Either case is a betrayal of the people they work for.
So the question is: Did Chiara let her personal beliefs color how she prosecuted?
From the Detroit News:
She did not recommend the death penalty in a 2004 murder case involving Michael and Robert Ostrander but was overruled by the Justice Department, said Phelan, who represented one of the two accused killers. They would have been eligible for the death penalty because the charges involved firearm use and drug trafficking.
DoJ had to step in on one of her cases. In the interest of full disclosure, it is important to note the jury did not grant the death request. That’s actually the beauty of our system - you recommend what you’re supposed to and leave it up to the people to find mercy.  But this wasn’t the only time DoJ had to step in on Chiara. Back to the WaPo article:
There has been some turmoil in the U.S. attorney’s office. A senior prosecutor, Phillip Green, was recently upbraided by the Justice Department for “poor judgment” on a sentencing matter after a colleague complained. The Justice Department has called the office “fractured” and reported that management experts were deployed to Grand Rapids.
Seems Chiara’s office had at least two problems with their sentencing recommendations. Since DoJ thought it was serious enough to send a managment team to fix the office I’m betting there were more. Oh wait, I don’t have to bet… back to the Detroit News:
Chiara was in office for the federal prosecution of Marvin Gabrion, the first Michigan case since 1938 in which a death penalty verdict was returned.
Although Michigan has no death penalty, Gabrion was eligible for the federal death penalty for a 1997 Michigan murder because the killing was in a national park.
But Mitchell said Chiara had not personally sought the death penalty for Gabrion, whose case has been appealed.
Again, Chiara refused to seek the death penalty and was overruled by DoJ. In this case, the accused was sentenced to death. Back to the WaPo story, a Clinton appointee who preceded Chiara in the same office finds no mystery with her dismissal:
“She parted ways on certain issues that they wanted pushed, the primary issue being the death penalty,” said Dettmer, a lawyer in Traverse City. “She’s anti-death penalty. It rubbed the [Justice Department's] death penalty committee in D.C. the wrong way. I know it for a fact.”
So what’s the mystery? Chiara was appointed to represent the people in federal cases.  She was bound by federal laws. By not seeking the death penalty where applicable she put herself in opposition to the current body of laws approved by the people and firmly against a President who was elected with the death penalty in his platform. Opposing the man who appointed you can get you fired pretty quickly.
One thing that I find absolutely hilarious is how the lefty blogs are already picking up on this, playing up her opposition to the death penalty, and billing it as a ‘loyalty test’ (loyalty is considered a sin to the far Left, I think). This is based on her religious views - Chiara once trained as a nun. Those same views, I would opine, would set her firmly against gay marriage and abortion. I wonder how loud the Left would be if she had let those views into her prosecutorial conduct.


