Senator says he called fired prosecutor

WASHINGTON --Lawmakers have new questions about the Bush administration's ouster of at least eight U.S. attorneys after New Mexico Sen. Pete Domenici revealed Sunday that he contacted his state's prosecutor to ask about an ongoing investigation several months after calling for his replacement.

Former New Mexico U.S. Attorney David Iglesias claimed last week that he was fired in December after resisting pressure from two members of Congress to rush indictments in an investigation of an alleged Democratic kickback scheme before the 2006 election.

Domenici, a Republican, had said earlier in the week that he didn't know what Iglesias was talking about. But Sunday, he acknowledged that he called Iglesias to ask about a criminal investigation, though Domenici insisted he never pressured nor threatened Iglesias.

Domenici's statement adds a new dimension to Democrats' inquiry into whether the Bush administration fired the prosecutors for political reasons.

Iglesias has insisted that he received strong performance reviews. He says he is certain that the call for his ouster was neither performance-related nor the result of any misconduct.

But Domenici said he had been growing frustrated with Iglesias' work and had recommended months before calling him in October that the Justice Department replace him. Domenici said Iglesias' office seemed unable to move more quickly on immigration and other high-profile cases, even as Domenici worked to get them more resources.

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 and at least three other fired federal prosecutors are set to testify in congressional hearings Tuesday along with a Justice Department official and others. He did not return a call from The Associated Press Sunday.

"The plot continues to thicken," said Sen. Charles Schumer, D-N.Y. "No one believes any more these U.S. attorneys were fired for any good reason, and we will start to uncover the real truth at our hearing on Tuesday."

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

But in his statement Sunday, Domenici said he had a brief conversation with 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."

"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."

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.

Iglesias, who serves in the Navy Reserve and partially inspired the Tom Cruise character in the 1992 movie "A Few Good Men," said last week that he was shocked to receive two separate phone calls in mid-October from lawmakers who asked about details of the investigation and seemed eager to see an indictment before the 2006 election.

"I frankly felt violated," Iglesias said. "They were very troubling phone calls."

Iglesias is expected to testify Tuesday that Domenici and Rep. Heather Wilson, R-N.M., contacted him to discuss moving forward on indictments in a high-profile corruption case involving a Democrat before the November congressional elections, according to a Democratic aide who is familiar with Iglesias' planned testimony.

The aide spoke on condition of anonymity because he was not authorized to discuss the issue publicly before the hearings.

Wilson's office did not return repeated calls for comment Sunday.

Wilson last week refused to say if she had contacted Iglesias, referring questions about "that personnel matter" to the Justice Department.

Corruption by some in the New Mexico Democratic Party was a major issue in Wilson's re-election campaign and further indictments might have helped her.

The Justice Department has defended its decision to dismiss the U.S. attorneys, saying some were fired for performance reasons.

Congressional Democrats say they are concerned the Bush administration is using a new part of the antiterror USA Patriot Act to bypass the Senate confirmation process and reward political allies with coveted jobs as U.S. attorneys.

A House Judiciary subcommittee subpoenaed Iglesias, Carol Lam of California, H.E. "Bud" Cummins of Arkansas and John McKay of Seattle.

The Senate also has asked those four and two others, Daniel Bogden of Nevada and Paul Charlton of Arizona, to appear voluntarily Tuesday.

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Associated Press writer Hope Yen contributed to this report.