Democrats seek another Patriot Act change

A group of Democratic senators plans to introduce legislation reversing a new law allowing U.S. attorneys to live outside the districts they are appointed to serve.

Sens. Dianne Feinstein (Calif.), Charles Schumer (N.Y.), Max Baucus (Mont.) and Jon Tester (Mont.) plan to drop a bill Monday that will undo a provision inserted into last year’s Patriot Act reauthorization. That language, included at the Department of Justice’s request, allows U.S. attorneys to live outside their districts if the attorney general gives them dual or additional responsibilities.

The senators’ planned bill would require that U.S. attorneys reside in the district they are appointed to serve, and assistant U.S. attorneys to live in the district or within 25 miles of it.

This is the second change to last year’s Patriot Act that Democrats have initiated as a result of the findings of an investigation into the Justice Department’s firing of eight U.S. attorneys. Democrats have also opposed a provision that would allow the attorney general to appoint an interim U.S. attorney when an opening occurs and allow that prosecutor to serve indefinitely — thereby effectively circumventing the Senate confirmation process.

In March, the Senate voted to return to the original law allowing interim appointments by the attorney general for only 120 days, and then allowing district courts to appoint interim U.S. attorneys if a permanent replacement has not been nominated and confirmed.

Democrats were outraged when they discovered that the residency provision was inserted into the Patriot Act to allow U.S. Attorney Bill Mercer to live in Washington, D.C., and continue to serve as both principal associate deputy attorney general and U.S. attorney for Montana. He is now acting associate attorney general, the No. 3 position at the DoJ.

“U.S. Attorneys cannot do their jobs adequately from Washington, D.C. The position requires a huge commitment, and each district deserves a highly-qualified U.S. Attorney focused on the needs of the local area and fighting crime and terrorism in their state,” Feinstein said in a statement. “U.S. Attorneys serve the residents of their district. They should not be allowed to work full-time in Washington while holding a U.S. Attorney position.”

According to Feinstein, several federal prosecutors besides Mercer currently serve full-time positions in Washington while retaining their jobs in their home states. Those U.S. attorneys include:

– Michael J. Sullivan of Boston, who has been serving as the acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in Washington for the past six months.

– Mary Beth Buchanan of Pittsburgh, the acting director of the Office of Violence Against Women, who prior to that had served as director of the Executive Office of U.S. Attorneys.

– Kevin O’Connor of Connecticut, an associate deputy attorney general coordinating anti-gang policies.