At The Heart Of The U.S. Attorneys' Flap

A Woman Wrongly Convicted and a U.S. Attorney Who Kept His Job

In the NYT, Adam Cohen writes:
Opponents of Gov. Jim Doyle of Wisconsin spent $4 million on ads last year trying to link the Democratic incumbent to a state employee who was sent to jail on corruption charges. The effort failed, and Mr. Doyle was re-elected — and now the state employee has been found to have been wrongly convicted. The entire affair is raising serious questions about why a United States attorney put an innocent woman in jail.

The conviction of Georgia Thompson has become part of the furor over the firing of eight United States attorneys in what seems like a political purge. While the main focus of that scandal is on why the attorneys were fired, the Thompson case raises questions about why other prosecutors kept their jobs.

The United States Court of Appeals for the Seventh Circuit, which heard Ms. Thompson’s case this month, did not discuss whether her prosecution was political — but it did make clear that it was wrong. And in an extraordinary move, it ordered her released immediately, without waiting to write a decision. “Your evidence is beyond thin,” Judge Diane Wood told the prosecutor. “I’m not sure what your actual theory in this case is.”

Members of Congress should ask whether it was by coincidence or design that Steven Biskupic, the United States attorney in Milwaukee, turned a flimsy case into a campaign issue that nearly helped Republicans win a pivotal governor’s race.

There was good reason for the appeals court to be shocked. Ms. Thompson, a 56-year-old single woman, seems to have lost her home and spent four months in prison simply for doing her job. Ms. Thompson, who spent years in the travel industry before becoming a state employee, was responsible for putting the state’s travel account up for competitive bid. Mr. Biskupic claimed that she awarded the contract to an agency called Adelman Travel because its C.E.O. contributed to Mr. Doyle’s campaign.

To charge her, Mr. Biskupic had to look past a mountain of evidence of innocence. Ms. Thompson was not a Doyle partisan. She was a civil servant, hired by a Republican governor, with no identifiable interest in politics. She was only one member of a seven-person committee that evaluated the bidders. She was not even aware of the Adelman campaign contributions. She also had a good explanation for her choice: of the 10 travel agencies that competed, Adelman submitted the lowest-cost bid.

While Ms. Thompson did her job conscientiously, that is less clear of Mr. Biskupic. The decision to award the contract — the supposed crime — occurred in Madison, in the jurisdiction of Wisconsin’s other United States attorney. But for reasons that are hard to understand, the Milwaukee-based Mr. Biskupic swept in and took the case.

While he was investigating, in the fall of 2005, Mr. Biskupic informed the media. Justice Department guidelines say federal prosecutors can publicly discuss investigations before an indictment only under extraordinary circumstances. This case hardly met that test.

The prosecution proceeded on a schedule that worked out perfectly for the Republican candidate for governor. Mr. Biskupic announced Ms. Thompson’s indictment in January 2006. She went to trial that summer, and was sentenced in late September, weeks before the election. Mr. Biskupic insisted in July, as he vowed to continue the investigation, that “the review is not going to be tied to the political calendar.”

But the Thompson case was “the No. 1 issue” in the governor’s race, says the Wisconsin Democratic Party chairman, Joe Wineke. In a barrage of commercials, Mr. Doyle’s opponents created an organizational chart that linked Ms. Thompson — misleadingly called a “Doyle aide” — to the governor. Ms. Thompson appeared in an unflattering picture, stamped “guilty,” and in another ad, her name was put on a graphic of jail-cell doors slamming shut.

Most of the eight dismissed prosecutors came from swing states, and Democrats suspect they may have been purged to make room for prosecutors who would help Republicans win close elections. If so, it might also mean that United States attorneys in all swing states were under unusual pressure.

Wisconsin may be the closest swing state of all. President Bush lost it in 2004 by about 12,000 votes, and in 2000, by about half that. According to some Wisconsin politicians, Karl Rove said that their state was his highest priority among governor’s races in 2006, because he believed a Republican governor could help the party win Wisconsin in the 2008 presidential election.

Mr. Biskupic insists that he prosecuted Ms. Thompson only because he believed a crime was committed, and that he did not discuss the political implications of the case or the timing with anyone in the Justice Department or the White House. Congress has asked the Justice Department for all e-mail messages about the case to help resolve the matter.

But even if there were no discussions, Mr. Biskupic may have known that his bosses in Washington expected him to use his position to help Republicans win elections, and then did what they wanted.

That would be ironic indeed. One of the biggest weaknesses in the case against Ms. Thompson was that to commit the crime she was charged with she had to have tried to gain personally from the contract, and there’s no credible evidence that she did. So Mr. Biskupic made the creative argument that she gained by obtaining “political advantage for her superiors” and that in pleasing them she “enhanced job security for herself.” Those motivations, of course, may well describe why Mr. Biskupic prosecuted Ms. Thompson.