Michael Mukasey

Paul Fishman is still expected to become New Jersey's next United States Attorney, but his appointment is taking a while.  It's been ten weeks since U.S. Senators Frank Lautenberg and Robert Menendez wrote the President recommending his nomination, but the White House has not really begun the appointment of federal prosecutors for each state. 

Such delays are typical with a new administration.  It took George W. Bush nearly a year before settling on Christopher Christie as his pick.

Last week, when Acting U.S. Attorney Ralph Marra defended his office after the American Civil Liberties Union released documents on the use of cell phone GPS tracking, some Democratic operatives viewed it as a defense of Christie, Marra's predecessor and a candidate for the Republican nomination for Governor.  But sources close to the state's Democratic U.S. Senators say there has been no discussion about pushing the White House to speed up the appointment process so that Fishman can take office sooner.  And Marra was simply stating that the U.S. Attorney's office in New Jersey had always acted legally and with court approval of its actions, and not in defense of any particular person.

Marra's appointment as Acting U.S. Attorney, which was made by Attorney General Michael Mukasey in December, ends on June 29, unless a new U.S. Attorney is nominated and confirmed before then.  The new Attorney General, Eric Holder, will have the option of keeping Marra or making another 120 day interim appointment.

Acting U.S. Attorney Ralph Marra, Jr. will remain in office until June 29, unless Paul Fishman is nominated and confirmed before then.

Now that Paul Fishman has been recommended for U.S. Attorney by New Jersey's two Democratic U.S. Senators, the next step will be a formal nomination by the President.  By tradition, the White House accepts the name suggested by the Senators, especially when they are from the President's party and that both Senators have the same choice.  That makes Fishman all but certain to get the job.

Barack Obama, in office for 24 days and devoting nearly all his efforts to the passage of his economic stimulus package, has not yet nominated any U.S. Attorneys.  But New Jersey insiders suggest that Fishman might get fast tracked, especially since his likely predecessor, Christopher Christie, is seeking the Republican nomination for Governor. 

Ralph Marra, Jr., a career federal prosecutor, will become the Acting U.S. Attorney for New Jersey.

Ralph Marra, Jr., a career federal prosecutor who has been with the Department of Justice since 1985, will become Acting U.S. Attorney for New Jersey at midnight, according to a statement from the U.S. Attorney's office.  U.S. Attorney General Michael Mukasey approved Christie's recommendation of Marra last week.  Christie will leave office at midnight and is expected to seek the Republican nomination for Governor.

Marra will serve for 210 days -- until June 29, 2009 -- unless a new U.S. Attorney is nominated and confirmed before then.

Getty Images Photo

U.S. Attorney General Michael Mukasey will designate an Acting U.S. Attorney for New Jersey. Ralph Marra,, Jr., the current First Assistant AUSA, has reportedly been recommended by Chris Christie for the post

Christopher Christie's early exit as federal prosecutor makes it easier for his top assistant, Ralph Marra, Jr., to become the Acting U.S. Attorney while the new President settles on a permanent replacement.  Traditionally, prosecutors sbmit their resignations effective with the change in administrations (January 20, 2009) and the U.S. Attorney General designates the First Assistant as Acting U.S. Attorney.  That person remains in office for four months, with a term that can be extedned by a panel of federal judges, until the President gets around to nominating a new prosecutor -- and until the U.S. Senate votes to confirm the nomination.  Christie didn't become U.S. Attorney until more than a year after George W. Bush took office.

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For Barack Obama, the process will be a bit easier: New Jersey has two Democratic U.S. Senators, and a Senate that is controlled by Democrats.  But appointing Christie's successor is not likely to be the top priority of the new adminisration.  Christie's departure 51 days before Obama takes office allows Michael Mukasey, Bush's Attorney General, to designate the Acting U.S. Attorney -- presumably Marra, a career federal prosecutor and a Democrat with close ties to Christie.   

U.S. Attorney Christopher Christie is considered a likely candidate for the 2009 Republican nomination for Governor: Getty Images Photo
U.S. Rep. Frank Pallone (D-Long Branch) wants U.S. Attorney Christopher Christie to release his public and private schedules over the last two years "so that the public can make its own judgment regarding possible political activity by the U.S. Attorney."  Christie is considered a likely candidate for the 2009 Republican nomination for Governor.

Pallone says that he has heard "troubling reports" that Christie and some supporters have been holding campaign-related meetings.  He wants U.S. Attorney General Michael Mukasey to clarify the role of federal prosecutors in politics.  Earlier this year, U.S. Attorney Patrick Meehan resigned amidst speculation that he will seek the 2010 GOP nomination for Governor of Pennsylvania.  

"Over the last few months, and perhaps longer than that, Mr. Christie and/or his political lieutenants have traveled around the state promoting his potential candidacy for Governor in 2009. I find it wholly inappropriate that a sitting U.S. Attorney be allowed to so publicly use his office as a stepping stone for political gain," Pallone wrote in a letter to the Attorney General. "Outreach to the community and publicizing his successful efforts at combating corruption are laudable endeavors and important to the work of the Department of Justice. However, the clear pattern of pre-campaign actions of Mr. Christie, and his very public allies and surrogates, appear to cross the line into self promotion and abuse of the immense authority he wields as the state’s chief federal law enforcement officer."

Appearing before the House Judiciary Committee, U.S. Attorney General Michael Mukasey said he didn’t know when the Justice Department would respond to questions regarding federal monitor contracts and deferred prosecution agreements, and said he did not know the details of the contract given to former Attorney General John Ashcroft.

But Mukasey did say his department began reviewing procedures to award federal monitor contracts before key House members began seeking information.

“The increasing phenomenon of monitors is something that we noticed well before there came to be publicity about it and have been looking into it,” Mukasey said. “We've asked the Attorney General's Advisory Committee, which is a group of United States attorneys from around the country who can gather information from United States attorneys about the prevalence of the phenomenon and whether there is a way of coming up with best practices or guidelines.”

Sen. Orrin Hatch and then U.S. Attorney General John Ashcroft in 2001
U.S. Sen. Orrin Hatch today defended U.S. Attorney Christopher Christie’s decision to award former U.S. Attorney General John Ashcroft a federal monitor contract worth up to $52 million.

“I don’t know anyone better than Ashcroft to do it, because if it’s not done right, that could severely damage the company,” Hatch told PolitickerNJ.com today.

Rep. Bill PascrellRep. Bill Pascrell isn’t satisfied with Attorney General Michael Mukasey’s testimony in front of the Senate Judiciary Committee.

Pascrell, who was one of the early critics of the controversial federal monitoring contract that U.S. Attorney Chris Christie gave his former boss John Ashcroft, said that he was pleased that Mukasey admitted changes need to be made to how monitors are appointed. But, he said, Mukasey was not specific or detailed enough in his comments.

“The Attorney General’s testimony only highlights the fact that the Justice Department has been asleep at the wheel while federal prosecutors have had unmitigated power to offer deferred prosecution agreements to corporate offenders and hand out multi-million dollar monitoring agreements to their associates,” said Pascrell in a press release.

Testifying before the Senate Judiciary Committee this morning, Attorney General Michael Mukasey said that the Justice Department continues to look into how federal oversight contracts are assigned, according to a report from the Star-Ledger.

The controversy over deferred prosecution agreements was touched off after U.S. Attorney Chris Christie assigned his former boss, John Ashcroft, to a federal monitoring contract with anywhere from $27 to $52 million.

Mukasey acknowledged that deferred prosecution agreements had recently become more common, and said that he was offered one before becoming Attorney General.

"Yes, we are looking at the phenomenon," the article quotes Mukasey as saying. "Yes, we are going to see if there should be standards."

Attorney General Michael Mukasey has ignored letters from Reps. Frank Pallone and Bill Pascrell on John Ashcroft's contract
Rep. Frank Pallone said that he hoped the days of a politicized Department of Justice were over when Alberto Gonzales resigned.

But so far, he has not been pleased with Gonzales’s successor, Michael Mukasey – at least not based on his response to Pallone’s concerns about deferred prosecution agreements, like the one that allowed U.S. Attorney Christopher Christie to give his former boss, former Attorney General John Ashcroft, an oversight contract worth up to $52 million.

Pallone wrote two letters to the Justice Department – one in December and one in January—and has still not received a response to either.  He’s already introduced legislation regulating the practice of dolling out deferred prosecution agreements.  

“It’s no surprise to me that the Department of Justice is stonewalling,” said Pallone.  “Bush has had three Attorney Generals now -- all political.  I don’t think they uphold the law and they just can’t be trusted to do the right thing.”