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thedrifter
04-19-07, 04:15 PM
Gonzalez: Attorney not fired for reserve duty
By Rick Maze - Staff writer
Posted : Thursday Apr 19, 2007 14:36:32 EDT

Embattled U.S. Attorney General Alberto Gonzales said Thursday that the firing of the U.S. attorney for New Mexico had nothing to do with the official’s military duties in the Navy Reserve.

Gonzales appeared before the Senate Judiciary Committee to answer questions about the firing of eight U.S. attorneys, including Navy Reserve Capt. David Iglesias, a military judge advocate who until February was the U.S. attorney in New Mexico in civilian life.

The U.S. Office of Special Counsel, responsible for enforcing employment and re-employment rights laws for National Guard and reserve members, is investigating Iglesias’ firing to determine if the federal government violated the law.

One of the reasons cited by the Justice Department for firing Iglesias was that he was often missing from work, but Gonzales said this was not a complaint based on reserve duties.

“We have, of course, several other United States attorneys who perform military service. I applaud it and I support it. It would not be a reason that I would ask a United States attorney to leave,” Gonzales said as he was questioned by Sen. Patrick Leahy, D-Vermont, chairman of the judiciary committee.

The primary focus of the hearing was to determine whether there were political motivations in the firing or whether the Justice Department had reason to want the U.S. attorneys replaced.

Leahy, noting that reserve duties took Iglesias out of the office about 40 days a year, asked if this were part of the reason for Iglesias being removed and if Gonzales was aware that the Uniformed Services Employment and Reemployment Rights Act preventing firing people because of their military service.

Gonzales said he was aware of the law. “I support it strongly. We enforce that Act.”

Gonzales said Iglesias’ reserve status was “not in my mind, as I recall, when I accepted the recommendation” to fire him.

Iglesias’ reserve service has become an issue, allowing Democrats to claim the administration isn’t following the law that applies to every other U.S. employer. “The Bush Administration’s shameful decision to use the naval reserve service of one its fired U.S. Attorneys as part of the spin campaign justifying his dismissal is the latest example of how little the Bush Republicans respect the service and sacrifice of our brave men and women in uniform,” said Don Fowler, co-chair of the Democratic National Committee’s Veterans and Military Families Council.

Fowler said it is “deeply offensive” for the Bush administration “to use this man’s military service against him.”

Ellie