Senator admits role in criminal investigation

updated 5:24 p.m. ET March 4, 2007

WASHINGTON - New Mexico Sen. Pete Domenici acknowledged Sunday that he called a federal prosecutor to ask about a criminal investigation, but insisted he never pressured nor threatened his state’s U.S. attorney.

The prosecutor, David Iglesias, was fired by the Justice Department in December. Iglesias says he believes he was dismissed for resisting pressure from two members of Congress before last year’s election to rush indictments in a Democratic kickback investigation.

Ethics experts said Domenici’s conduct may have violated Senate rules, which generally bar communications between members of Congress and federal prosecutors about ongoing criminal investigations.

Iglesias, a Republican, has said he would not name the lawmakers unless asked under oath.

A House Judiciary subcommittee subpoenaed the prosecutor last week to appear Tuesday and testify under oath. He also was scheduled to appear before a Senate committee the same day. Domenici refused last week to say if he had contacted Iglesias, insisting in a brief interview with the Associated Press, “I have no idea what he’s talking about.”

Expresses regrets
But in his statement Sunday, the Republican senator said he called Iglesias last year and asked “if he could tell me what was going on in that investigation and give me an idea of what time frame we were looking at.

“It was a very brief conversation, which concluded when I was told that the courthouse investigation would be continuing for a lengthy period,” Domenici said in the statement.

“In retrospect, I regret making that call and I apologize,” Domenici said. “However, at no time in that conversation or any other conversation with Mr. Iglesias did I ever tell him what course of action I thought he should take on any legal matter. I have never pressured him nor threatened him in any way.”

Communication by a member of Congress with a federal prosecutor about an ongoing criminal investigation may constitute an ethics violation.

Experts weigh in
Kenneth Gross, a Washington lawyer who specializes in congressional ethics rules, said Domenici’s phone call to Iglesias could have violated Senate ethics rules if there was an element of pressure or coercion to his inquiry.

“It doesn’t sound very good to me,” Gross said. “But requests for the status of cases are generally considered permissible.”

Punishment for such violations range from a warning and reprimand to expulsion from office.

Abbe D. Lowell, a criminal defense lawyer who served as special assistant to the attorney general during the Carter Administration, said it was hard to determine if there was a violation without knowing what Domenici knew about the investigation when he made the call and what exactly he said.

But Lowell added, “The safest course of a member of Congress is not to make inquiries of prosecutors about pending matters so their motives and actions cannot be misunderstood.”

MORE FROM POLITICS

Politics Section Front

GOP decides ‘It’s the economy’ for 2010  Obama: Racial divisions still persist Sotomayor speeds toward confirmation   Once-trendy Crocs could be on last legs Newsweek: What Palin should do to prep for 2012 CBO: Health bills to increase federal costs House Democrats discourage debates with GOP NYT analysis: Obama's next pick at stake FEC: No clothes-buying with campaign funds Newsweek: 6 tough questions for the attorney general Politics Section Front   Add Politics headlines to your news reader: