US Attorney Heffelfinger quit before he was fired

The Big E's picture

The body of evidence piling up that indicates US Attorney for Minnesota Thomas Heffelfinger was pushed out grows. It could get even more conclusive if Heffelfinger's replacement, Rachel Paulose, actually appears before a Congressional committee to answer questions about exactly how she came to be US Attorney for MN. There are a number of compelling points:

  1. DoJ concerned about Heffelfinger in October 2005
  2. 2 US Attorneys on original axe list resigned before list was finalized
  3. Heffelfinger resigned between the creation and finalization of the axe list
  4. Heffelfinger took 3 months to find a new job
  5. Heffelfinger was not invited to his replacement's induction
  6. Heffelfinger and Paulose had to meet to clear the air
  7. Heffelfinger is a moderate Republican
  8. Heffelfinger didn't pursue MN Sec. of State Kiffmeyer's crusade against Hennepin and Ramsey Counties

1. DoJ concerned about Heffelfinger in October 2005

A congressional aide told reporters from the Star Tribune that Kyle Sampson,former Chief of Staff to Attorney General Alberto Gonzales, related that the DoJ had unspecified concerns about Heffelfinger.

Senior Justice Department officials raised concerns about then-U.S. Attorney Tom Heffelfinger sometime after October 2005, according to a congressional aide familiar with what a former chief of staff to Attorney General Alberto Gonzales told House and Senate staff members last week.

Kyle Sampson, the former chief of staff, provided the information during interviews with congressional investigators, said the congressional aide. The aide spoke on condition of anonymity because it is an ongoing investigation.
(Mpls Star Tribune)

2. 2 of 8 US Attorneys on original axe list resigned before list was finalized

Nick Coleman in his 3/31/07 column speculates that Heffelfinger was on the original axe list.

Four of the targeted attorneys were among the eight eventually fired: Margaret Chiara of Michigan, Harry Cummins III of Arkansas, and Kevin Ryan and Carol Lam, both of California. But three [actually it was two] of the seven names on the list have been "redacted" -- whited out -- because they had resigned before the list was finalized.

Sampson's memo proposed working with "targeted U.S. Attorneys to encourage them to leave government service voluntarily; this would allow (them) to make arrangements for work in the private sector and 'save face' regarding the reason for leaving office, both in the Department of Justice and in their local legal communities."

3. Heffelfinger resigned between the creation and finalization of the axe list

The original axe list was emailed by Sampson on January 9, 2006. Heffelfinger resigned in February 14, 2006. The list was finalized in November 2006. Since Sampson indicated that axe list attorneys would be approached and asked to resign, the timing fits with the Bush Administration's intent.

4. Heffelfinger took 3 months to find a new job

If Heffelfinger quit to "make some money" wouldn't he have lined up a job before quitting? Since he ended up with a firm that knew him well, if it hadn't been a sudden departure, shouldn't the transition to his new job been seamless?

June 5, 2006 by John Vomhof Jr.Staff Writer
Best & Flanagan has hired Thomas Heffelfinger, former U.S. Attorney for the District of Minnesota, the law firm announced Monday.

Heffelfinger will focus on white-collar criminal defense and American Indian law for the Minneapolis-based firm.
(Minneapolis-St. Paul Business Journal)

5. Heffelfinger was not invited to his replacement's induction

Wouldn't you think that new US Attorney Paulose would want the former Attorney to attend her investiture ceremony? Wouldn't you think that you would want a seamless transition? That is if everything was good between the two.

"Rachel Paulose put together the guest list, and why I was not on the guest list, only she can answer," says Heffelfinger.
Paulose's spokesperson, Jeanne Cooney, claimed that Paulose and Heffelfinger get along "very well," but said:

"I'm not going to discuss Rachel's personal investiture invitation list to anybody. It was a public event. Anybody who wanted to go could have gone."
(smit2174 at MNCR)

6. Heffelfinger and Paulose had to meet to clear the air

Because Heffelfinger and Paulose get along so well and Heffelfinger respects Paulose so much, they had to meet for lunch. Here's how much he respects her:

"I was 58 when I left. She was 32 when she started," he said. "I brought significantly different things to the job than she brings to the job - without valuing them one way or the other."
(smit2174 at MNCR)

So they meet for lunch a year after she's been on the job and pressure is building on her, because of her incompetence and dictatorial management style. Did she want to make sure that Heffelfinger wasn't going to stab her in the back?

Minnesota U.S. Attorney Rachel Paulose and her predecessor, Tom Heffelfinger, shared a two-hour lunch at Atlas a couple of weeks ago.

Word is the air seemed very clear after they left.
(Strib)

7. Heffelfinger is a moderate Republican

Its fairly well known around Minnesota that Heffelfinger is a moderate. Nick Coleman in his 3/31/07 opinion piece mentions it: "Heffelfinger, 59, is a moderate Republican who has strong ties to mainstream Minnesota Republican leaders." The Rake also mentions he's a "self-described" moderate.

8. Heffelfinger didn't pursue MN Sec. of State Kiffmeyer's crusade against Hennepin and Ramsey Counties

Mary Kiffmeyer crusaded to prevent 'voter fraud' which is neo-con double-speak for voter suppression. Heffelfinger wouldn't cooperate. This very well could be the instance that caused concern about his performance at the DoJ.

[Heffelfinger] could recall only one time when Kiffmeyer brought any serious concerns about voting improprieties to his attention. In a letter dated March 15, 2004, Kiffmeyer said she had "a great concern" with what she called the "unlawful and discriminatory" way Hennepin and Ramsey counties were registering voters.

Kiffmeyer said the concerns were raised by ACORN, a neighborhood activist organization. At the time, the two counties required photocopies of identification, which she called a violation of the Help America Vote Act. She asked Heffelfinger to investigate the matter.

Heffelfinger said that he followed protocol and turned the matter over to the civil rights division of the Department of Justice that same day. The division investigated and found no violations of voting laws or any other federal law, according to a letter dated June 14, 2004.
(Strib)

Summary

This really does begin to pile up. The preponderance of evidence indicates that Heffelfinger left willingly, but only to keep the Bush Administration from dragging him through the mud as they did with the Attorneys they did fire. It's clear that Heffelfinger would not cooperate in 2008 when the Bush Administration would want some voter suppression to occur in urban, minority areas ... areas that would likely vote against Norm. The Bush Administration considers Minnesota a key battleground state. Hell, they're holding their convention here to help out Norm Coleman in his reelection bid. Rachel Paulose, a trusted neo-con, will do the Bush Administration's bidding unquestioningly, whatever it happens to be.

[Special recognition to smit2174 at MN Campaign Report for her great blogging on this subject]