House panel subpoenas 4 fired U.S. attorneys

WASHINGTON — Democrats issued their first major subpoenas Thursday since taking control of Congress, as a House subcommittee voted to compel testimony from four former U.S. attorneys — including former Seattle U.S. Attorney John McKay — who were part of a wave of firings by the Justice Department.

Democrats on a House Judiciary subcommittee voted 7-0 Thursday to subpoena fired prosecutors Carol Lam of California, David Iglesias of New Mexico, H.E. "Bud" Cummins of Arkansas and McKay. No Republicans member of the subcommittee attended the session, which lasted less than five minutes.

Iglesias, a Republican whose previous career as a military defense lawyer was portrayed in the movie "A Few Good Men," said this week that he thinks he was dismissed because he resisted pressure by two members of Congress to rush indictments before last year's election in an investigation of an alleged Democratic kickback scheme.

The state's two Democratic lawmakers and Rep. Steve Pearce, R-N.M., have denied calling Iglesias. Rep. Heather Wilson, R-N.M., and Sen. Pete Domenici, R-N.M., have not responded to requests for comment.

Iglesias' office was investigating allegations involving construction contracts and a prominent Democratic former state senator.

At the time of the alleged phone calls, Wilson was locked in a tight re-election battle with state Attorney General Patricia Madrid, a race Wilson won by fewer than 2,000 votes. Iglesias has refused to name the lawmakers who called him and said Thursday he will identify the lawmakers only if compelled to do so by a subpoena.

"I fear retaliation," Iglesias said. "This is a small state and there are not too many employment opportunities, and I fear they will blacklist me."

McKay told The Seattle Times on Thursday that he will comply with the subpoena. "I don't seek this forum," McKay said. "I know I served at the pleasure of the president, and therefore that's all I really had to say about it."

McKay said he will answer whatever questions members of Congress have about his resignation as the region's top law-enforcement officer.

Earlier this month McKay said Michael Battle, a senior Justice Department official, called him Dec. 7 and asked him to submit his resignation within six weeks.

At the time, Battle did not give McKay a reason for his dismissal.

McKay said Thursday he has received no additional information about his departure from the Justice Department in recent weeks.

"They're not calling me," he said.

McKay was appointed by President Bush in October 2001.

Some think McKay's dismissal may have been retribution for not convening a federal grand jury to investigate allegations of voter fraud in the 2004 governor's election, in which Democratic Gov. Christine Gregoire defeated Republican Dino Rossi by 129 votes. Many influential Republicans publicly criticized McKay.

But Deputy Attorney General Paul McNulty has repeatedly insisted politics did not influence the controversial firings of McKay and the other U.S. attorneys.

Republicans said the hearing was a case of "political grandstanding." The committee's top Republican, Rep. Lamar Smith of Texas, said the GOP would not help "provide votes for political subpoenas."

Seattle Times staff reporter

David Bowermaster contributed

to this report.