Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-14T05:18:08.376Z Has data issue: false hasContentIssue false

Haphazard, Systematic, or Both?

An Empirical Investigation of the US Attorney Firings in 2006

Published online by Cambridge University Press:  21 October 2022

Banks Miller
Affiliation:
University of Texas at Dallas
Brett Curry*
Affiliation:
Georgia Southern University
*
Contact the corresponding author, Brett Curry, at bcurry@georgiasouthern.edu.

Abstract

In 2006, the Bush administration directed nine US attorneys to resign. This decision was a partial cause of the attorney general’s departure from the administration, and it prompted investigations and congressional hearings. Seen as largely ad hoc, we argue that theory predicts a more systematic decision-making process. We investigate this empirically and find, consistent with literature on principal-agent theories and bureaucracy, that performance on easily monitored metrics and adverse-selection concerns predict the firings. We explore the implications of these findings for efforts to centralize decision-making in the Department of Justice and to exert political control over US attorneys.

Type
Research Article
Copyright
© 2018 by the Law and Courts Organized Section of the American Political Science Association. All rights reserved.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

We thank Trent Davis for his helpful reactions to earlier drafts of this article and gratefully acknowledge the institutional support that enabled us to obtain the data needed to complete this project. A previous version of this work was presented at the 2017 Southern Political Science Association Conference in New Orleans, where we received valuable feedback.

References

Apollonio, Dorie, Todd Lochner, and Myriah Heddens. 2013. “Immigration and Prosecutorial Discretion.California Journal of Politics and Policy 5:232–51.CrossRefGoogle ScholarPubMed
Brehm, John, and Scott Gates. 1997. Working, Shirking, and Sabotage: Bureaucratic Response to a Democratic Public. Ann Arbor: University of Michigan Press.CrossRefGoogle Scholar
Chesney, Robert M. 2007. “Federal Prosecution of Terrorism-Related Offenses: Conviction and Sentencing Data in Light of the ‘Soft-Sentence’ and ‘Data-Reliability’ Critiques.Lewis and Clark Law Review 11:851–901.Google Scholar
Dolan, Maura. 2007. “Bush Loyalist Was Added to Purge List Late.” Los Angeles Times, March 22.Google Scholar
Driscoll, Sharon. 2007. “The Gonzales DOJ Firings: A Conversation with Former U.S. Attorney Carol Lam.” Stanford Lawyer, no. 77. https://law.stanford.edu/stanford-lawyer/articles/qna-legal-matters-with-carol-lam/.Google Scholar
Eisenstein, James. 1978. Counsel for the United States: U.S. Attorneys in the Political and Legal Systems. Baltimore: Johns Hopkins University Press.Google Scholar
Eisenstein, James. 2007. “The U.S. Attorney Firings of 2006: Main Justice’s Centralization Efforts in Historical Context.Seattle University Law Review 31:219–63.Google Scholar
Ennser-Jedenastik, Laurenz. 2016. “The Politicization of Regulatory Agencies: Between Partisan Influence and Formal Independence.Journal of Public Administration Research and Theory 26:507–18.CrossRefGoogle Scholar
Executive Office for United States Attorneys. 2001. United States Attorneys’ Annual Statistical Report. Washington, DC: Department of Justice. https://www.justice.gov/sites/default/files/usao/legacy/2009/06/08/01statrpt.pdf.Google Scholar
Gailmard, Sean. 2009. “Multiple Principals and Oversight of Bureaucratic Policy-Making.Journal of Theoretical Politics 21:161–86.CrossRefGoogle Scholar
Gailmard, Sean. 2014. “Accountability and Principal-Agent Theory.” In The Oxford Handbook of Public Accountability, ed. Mark Bovens, Robert E. Goodin, and Thomas Schillemans. Oxford: Oxford University Press.Google Scholar
Glaeser, E. L., D. P. Kessler, and A. Morrison Piehl. 2000. “What Do Prosecutors Maximize? An Analysis of the Federalization of Drug Crimes.American Law and Economic Review 2:259–90.CrossRefGoogle Scholar
Green, Bruce A., and Fred C. Zacharias. 2008. “‘The U.S. Attorneys Scandal’ and the Allocation of Prosecutorial Power.Ohio State Law Journal 69:187–254.Google Scholar
Herz, Michael, and Neal Devins. 2003. “The Consequences of DOJ Control of Litigation Authority on Agency Programs.Administrative Law Review 52:1345–75.Google Scholar
Iglesias, David. 2008. In Justice: Inside the Scandal That Rocked the Bush Administration. Hoboken, NJ: Wiley.Google Scholar
Ingle, Bob, and Michael Symons. 2012. Chris Christie: The Inside Story of His Rise to Power. New York: St. Martin’s.Google Scholar
Johnston, David. 1993. “Attorney General Seeks Resignations from Prosecutors.” Washington Post, March 24.Google Scholar
Kosmidis, Ioannis, and David Firth. 2009. “Bias Reduction in Exponential Family Nonlinear Models.Biometrika 96:793–804.CrossRefGoogle Scholar
Lewis, David E. 2008. The Politics of Presidential Appointments: Political Control and Bureaucratic Performance. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Lochner, Todd. 2002. “Strategic Behavior and Prosecutorial Agenda-Setting in United States Attorneys’ Offices: The Role of U.S. Attorneys and Their Assistants.Justice System Journal 23:271–94.Google Scholar
McCubbins, Mathew D., Roger G. Noll, and Barry R. Weingast. 1987. “Administrative Procedures as Instruments of Political Control.Journal of Law, Economics, and Organization 3:243–77.Google Scholar
McCubbins, Mathew D., and Thomas Schwartz. 1984. “Congressional Oversight Overlooked: Police Patrols versus Fire Alarms.American Journal of Political Science 28:165–79.CrossRefGoogle Scholar
Moe, Terry M. 1984. “The New Economics of Organization.American Journal of Political Science 28:739–77.CrossRefGoogle Scholar
Moynihan, Donald P., and Alasdair S. Roberts. 2010. “The Triumph of Loyalty over Competence: The Bush Administration and the Exhaustion of the Politicized Presidency.Public Administration Review 70:572–81.CrossRefGoogle Scholar
Nelson, Michael J., and Ian Ostrander. 2016. “Keeping Appointments: The Politics of Confirming U.S. Attorneys.Justice System Journal 37:211–31.CrossRefGoogle Scholar
Office of the Inspector General. 2008. An Investigation into the Removal of Nine U.S. Attorneys in 2006. Washington, DC: US Department of Justice. https://oig.justice.gov/special/s0809a/final.pdf.Google Scholar
Perrow, Charles. 1986. Complex Organizations: A Critical Essay. 3rd ed. New York: McGraw-Hill.Google Scholar
Perry, H. W. 1998. “United States Attorneys—Whom Shall They Serve?Law and Contemporary Problems 61:129–48.CrossRefGoogle Scholar
Richman, Daniel. 2009. “Political Control of Federal Prosecutions: Looking Back and Looking Forward.Duke Law Journal 58:2087–124.Google Scholar
Savage, Charlie, and Maggie Haberman. 2017. “Trump Abruptly Orders 46 Obama-Era Prosecutors to Resign.” New York Times, March 10.Google Scholar
Scott, Kevin M. 2007. U.S. Attorneys Who Have Served Less Than Full Four-Year Terms, 1981–2006. Washington, DC: Congressional Research Service.Google Scholar
Spaulding, Norman W. 2011. “Independence and Experimentalism in the Department of Justice.Stanford Law Review 63:409–46.Google Scholar
Suthers, John W. 2008. No Higher Calling, No Greater Responsibility: A Prosecutor Makes His Case. Golden, CO: Fulcrum.Google Scholar
Washington Post. 2007. “House Judiciary Committee, Subcommittee on Commercial and Administrative Law Holds a Hearing on the Dismissal of U.S. Attorneys.” March 6.Google Scholar
Waterman, Richard W., and Kenneth J. Meier. 1998. “Principal-Agent Models: An Expansion?Journal of Public Administration Research and Theory 8:173–202.CrossRefGoogle Scholar
Whitford, Andrew B. 2002. “Bureaucratic Discretion, Agency Structure, and Democratic Responsiveness: The Case of the United States Attorneys.Journal of Public Administration Research and Theory 12:3–27.CrossRefGoogle Scholar
Wilson, James Q. 1989. Bureaucracy: What Government Agencies Do and Why They Do It. New York: Basic.Google Scholar
Wood, B. Dan, and Richard W. Waterman. 1991. “The Dynamics of Political Control of the Bureaucracy.American Political Science Review 85:801–28.CrossRefGoogle Scholar
Wood, B. Dan. 1994. Bureaucratic Dynamics: The Role of Bureaucracy in a Democracy. Boulder, CO: Westview.Google Scholar
Zagorin, Adam. 2007. “Why Were These U.S. Attorneys Fired?” Time, March 7.Google Scholar
Zorn, Christopher. 2005. “A Solution to Separation in Binary Response Models.Political Analysis 13:157–70.CrossRefGoogle Scholar