Gonzales: 'No basis' to believe Mo. case led to prosecutor's ouster

~ Todd Graves said he apparently fell out of favor with senior civil rights officials after several disagreements over case strategy.

WASHINGTON -- Attorney General Alberto Gonzales said Thursday he has "no basis to believe" that a federal Missouri voter fraud case had anything to do with the forced departure of Kansas City federal prosecutor Todd Graves.

Gonzales told the House Judiciary Committee that he had spoken to Wan J. Kim, head of the Justice Department's civil rights division, and that Kim was not aware of any concerns about bringing the case.

"Now, we haven't spoken to everyone in that office, but we're not aware of any concerns that existed in that office with respect to this particular case," Gonzales said.

The questions from Democrats on the panel were prompted by revelations this week that Justice Department officials wanted Graves to leave the post before he was ready to resign. Graves has become part of the inquiry into whether partisan political reasons fueled the push to remove a group of U.S. attorneys in 2005 and 2006.

Investigators are probing whether Graves was replaced last year because he refused to sign a 2005 federal lawsuit alleging voter fraud in Missouri a year before the 2006 election.

A Democratic official said Thurday that lawmakers could ask Graves to testify before the Senate Judiciary Committee as early as next week. The official spoke on condition of anonymity so as not to upstage an official announcement.

While Graves has said he intended all along to leave office in 2006 to pursue private practice, Graves said he apparently fell out of favor with senior civil rights officials after several disagreements over case strategy.

The Washington Post reported Thursday that Graves said a senior Justice Department official called him in early January and asked him to step down to "give another person a chance." Graves resigned in March 2006.

Tough questions

That prompted tough questions for Gonzales Thursday from top Democrats on the House panel.

"When we learned this morning ... that another U.S. attorney in Missouri was forced out, contrary to repeated assurances that the eight U.S. attorneys whose circumstances we've been examining for the past few months were the entire list, it makes us wonder when we will get the entire report, truthful report, about this matter," chairman John Conyers, D-Mich., said.

Gonzales said he did not think Graves was part of the congressional probe.

"It's always been my understanding that this focus has been on the eight United States attorneys that were asked to resign" last year, Gonzales said.

Democrats pushed for more answers on the firings of U.S. attorneys even as Gonzales insisted he couldn't recall any new details and Republicans called for an end to the probe.

But Democrats showed no willingness to quit asking questions about whether White House officials ordered the firings of prosecutors not sufficiently loyal to the Bush administration.

Gonzales said he never sought the resignation of any U.S. attorney in retaliation or to gain a partisan advantage in any investigation.

Graves has said he clashed with top officials, including then-acting head of the civil rights division Bradley Schlozman, when he refused to sign the lawsuit alleging Missouri officials failed to purge ineligible voters from registration lists.

Democrats claim the Missouri lawsuit was part of a deliberate effort by Republicans to discourage election turnout.

At the hearing, Gonzales told lawmakers that Graves name appears on the complaint filed in the voter fraud case. Graves told The Associated Press in an interview that his printed name appeared on all federal lawsuits filed in the state but that he made a point of not adding his signature because he didn't approve of the action.

Rep. Zoe Lofgren, D-Calif., asked Gonzales whether he was aware that the litigation was dismissed last month for lack of evidence.

"Doesn't that suggest the judgment not to file might have been the right one," Lofgren asked.

Gonzales said the department is deciding whether to appeal the case. He said it appears the Justice Department should not have sued Missouri Secretary of State Robin Carnahan but should have filed the action against local jurisdictions that compiled the voter lists.

Gonzales said Carnahan has conceded that the voter rolls were incomplete and inaccurate.

"I think it's legitimate for Americans to expect that voting lists be reasonably accurate," Gonzales said.

Carnahan called Gonzales' characterization of the lawsuit inaccurate.

"We've consistently said the lawsuit was unnecessary and unjustified and that there is no evidence of voter fraud," Carnahan said. "And the judge's ruling confirmed this."

Schlozman was named to replace Graves less than two weeks after Graves stepped down. After serving as interim U.S. attorney in Kansas City for about a year, Schlozman returned to the Justice Department, where he now works for the Executive Office for United States Attorneys.

The Senate Judiciary committee has asked for Schlozman to testify.

Lofgren noted that Schlozman had little prosecutorial experience and was appointed quickly after Graves resigned.

"Doesn't it look like there was some plan to replace this Mr. Graves with Mr. Schlozman, related to this prosecution, and isn't it true that the department's own criteria for bringing lawsuits would tend to indicate that lawsuits would not be brought just before the election?" Lofgren asked.

Gonzales said department officials stand behind the case and believe it was an appropriate use of department resources.

Earlier this week, the office of Sen. Kit Bond, R-Mo. disclosed that a Bond staffer had asked the White House to consider replacing Graves in the spring of 2005 because of concerns that Graves was linked to a controversy about the awarding of Missouri license office contracts. Bond claims he was not aware of the contact and would not have approved.

White House officials told Bond's office that the staffer's concern was not the reason for Graves' departure, Bond spokeswoman Shana Marchio said.

At Graves' request, Bond later asked the White House if Graves could stay on longer as U.S. attorney to wrap up some cases. The request was denied.